Public transportation systems are integral to our daily lives, helping millions of people commute to work, school, and other important destinations. As with any form of transportation, there is a risk of accidents and injuries.
If you are injured while using public transportation, you may wonder whether you can sue for personal injury. The personal injury attorneys serving Savannah, Georgia aim to provide an understanding of the legal framework surrounding accidents on public transportation and the rights of passengers when they sustain injuries.
Understanding Liability in Public Transportation Accidents
The Duty of Care
Public transportation entities, whether buses, subways, trains, or trams, are generally operated by governmental agencies or private companies. These operators have a legal duty to ensure the safety of their passengers. This duty is known as the “duty of care.” When an operator fails to meet this duty, and an injury results from that failure, the injured party may have grounds to seek compensation.
Common Carriers
Public transport vehicles are often classified as “common carriers” under the law. Common carriers, due to their role in serving the public, are held to a higher standard of care to protect their passengers. This means that the threshold for proving negligence may be lower for accidents involving common carriers than for private vehicles.
Potential Causes of Accidents in Public Transportation
Driver Negligence
Driver error is a common cause of public transportation accidents. This can include speeding, distracted driving, driving under the influence, or failure to follow traffic rules.
Poor Maintenance
The public transportation agency is responsible for the maintenance of vehicles and infrastructure. A lack of proper maintenance can lead to malfunctions and accidents.
Inadequate Training
Operators of public transport must be adequately trained. Inadequate training can lead to errors that cause accidents.
Defective Equipment
Sometimes, the equipment used on public transportation can be defective. If an accident is caused by such a defect, both the manufacturer and the operator could potentially be liable.
Steps to Take After Being Injured on Public Transportation
Seek Medical Attention
Your health and safety should be your top priority. Seek medical attention immediately, even if you believe your injuries are minor.
Report the Incident
Notify the operator or driver of the public transportation, and make an official report with the transportation agency.
Document Everything
Take photographs of your injuries, the accident scene, and any other relevant details. Ask for contact information from witnesses. Keep records of medical treatments and expenses related to your injury.
Contact an Attorney
An experienced personal injury attorney can advise you on your rights and the steps you need to take to pursue a claim. This is crucial, as there may be specific procedures and timelines for suing governmental agencies.
Determining Who to Sue
The Transportation Operator or Agency
If the injury was due to the negligence of the driver or the agency’s failure to maintain vehicles or infrastructure, they might be the defendants in your case.
The Manufacturer
If the injury was caused by a defective part or vehicle, the manufacturer might be liable under product liability laws.
Third-Party Entities
There may be cases where another party, such as a maintenance contractor or another motorist, is at fault for the accident. They could also be liable.
Legal Challenges and Considerations
Sovereign Immunity
Suing a government entity is more complex due to the concept of sovereign immunity, which protects governments from lawsuits. However, most governments have waived this immunity to some extent, especially for public transportation injuries.
Notice Requirements
There may be strict notice requirements and deadlines when suing a public agency. Failure to comply can result in the dismissal of your case.
Comparative Negligence
Some jurisdictions have comparative negligence laws that may reduce or limit your compensation if you are partially at fault for the accident.
Moving Forward
If you have been injured on public transportation, you may have the right to seek compensation for your injuries. It’s important to understand that the legal process can be complex and requires a detailed understanding of the laws applicable to public transportation accidents.
By promptly seeking medical attention, reporting the incident, and securing the services of a knowledgeable personal injury attorney, you can ensure that your rights are protected and that you are taking the correct steps toward potential compensation for your injuries.
Remember, every case is unique, and this information is a general guide. An attorney will be able to provide guidance that is specific to your situation.