If you’ve ever taken public transportation, a taxicab, rideshares like Uber and Lyft, trains, planes or shuttles, you’ve used common carrier services. Common carriers are companies who transport goods and people, either publicly or privately.
Common carrier accidents can be difficult to litigate, especially if the common carrier involved is a government entity. If you’ve been injured in a common carrier accident, it’s important to call the Law Offices of Tim Misny as soon as your medical condition permits. Government-related common carrier claims, such as suing a municipal public transportation entity, are often subject to stricter standards and shorter times in which you can file a claim.
Negligence and common carrier accidents
Most personal injury claims—including common carrier accidents—are litigated under a theory of negligence. To prove negligence, a plaintiff must show that:
- The defendant had a duty of care toward the plaintiff (i.e., to follow laws and avoid harming them);
- The defendant failed in that duty;
- The accident occurred as a result of the breach of duty; and
- The plaintiff suffered actual harm (typically a physical injury)
All common carrier operators (drivers, pilots, conductors and more) have an elevated duty of care to anyone they transport, as well as other people on the road. They may need to hold special licenses, such as a pilot’s license, commercial driver’s license or a charter/limousine license. Operators are also often subject to special licensing tests and other standards beyond what a regular driver’s license requires.
When litigating a negligence claim against a common carrier, those higher standards can be critical to the case. That’s because the “duty of care” element depends on a person’s specific skills, training, licensing and other factors. Courts and insurance companies won’t evaluate whether the defendant met the standards for the average driver. Instead, they will evaluate whether the operator met the standards for the average common carrier in their industry.
Statute of limitations and common carrier accidents
The statute of limitations is how long you have to bring a claim against a defendant. In most Ohio personal injury claims, the statute of limitations is two years—but in common carrier claims, the statute of limitations could be as little as six months from the date of the accident. That time can pass quickly, especially if you’re focused on recovering from severe injuries.
If you’re injured in a common carrier accident, seek immediate medical attention. Then call the Law Offices of Tim Misny so we can help you recover compensation for your injuries.
Discuss your claim with an Ohio accident attorney today
The Law Offices of Tim Misny can help you with your accident claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.