Overview of Common Carrier Accidents in California

If you suffered an injury when on a bus, train, truck, taxi or ride share company, then you have been injured by a common carrier. If you were hit by one of these type of vehicles, then you have been injured by a common carrier.  Regardless of how it happened, common carrier accidents in California are quite common. Read more to know your next steps. 

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What is a Common Carrier?

A common carrier is a company that transports people or goods for a fee. Common carriers can be buses, trains, rideshare companies, trucks, taxis or airplanes.  In California, a common carrier can also include a ski lift, amusement park ride, elevator, or escalator. We interact with common carriers nearly everyday. With so many common carriers on the roads, tracks or in the air, it is inevitable that accidents with these entities will occur. Many times these accidents result in serious injuries because of the size of the vehicles or the circumstances of the injury causing event.  

Causes of Accidents With Common Carriers  

We have seen the big rig slammed into the rear of a car, or a T-bone collision at an intersection.  Maybe it is a ride share van that has overturned.  Each of this incidents, as well as many others, start with a mistake, a failure of judgment, faulty equipment or some other situation which is outside the norm for operating a common carrier.  Some examples include:

• An intoxicated driver or truck operator
• Following too close, leaving insufficient room to brake
• Changing lanes without verifying it is clear to do so
• Making an unsafe turn 
• Entering an intersection on a red light or driving through a stop sign 
• Equipment failure, such as a brake failure, a stuck accelerator, a shifting load, or a blown tire
• Driving while overly tired or beyond a regulated time period
• Distracted driving
• Another vehicle swerving causing an overreaction by a truck driver
• And many other situations.

Most common carrier drivers and operators are very careful.  They are trained to drive a truck, a bus or a train.  They take their job very seriously and desire to return to their homes safely and without incident.  Even the best well meaning drivers are occasionally going to find themselves in a situation where their best efforts are insufficient to prevent an accident.  Other drivers do not uphold these same standards and they break the rules of the road, thereby causing dangerous circumstances for the rest of the people on the road or being transported.

Once a collision occurs, the very first challenge is to determine who was at fault in causing the collision.  Sometimes this determination is very simple, such as with a rear end collision.  Other times, determining fault becomes more difficult.  Some collisions are caused by a single actor, while other collisions involve several factors, which may include the fault of the injured person.  Having an experience personal injury attorney handling your case from the outset, allows you to get better while the lawyer determines who is at fault and who should be financially responsible to pay for your injuries.  Early retention of an attorney following the collision is helpful to help gather evidence that could easily be lost over time and to make sure no statute of limitations is missed which prevents any claim whatsoever.

Proving Liability in a Common Carrier Accident in CA

Unlike a standard driver of a family vehicle, the common carrier operator is expected to maintain the highest degree of care when operating the common carrier vehicle. This duty of care ensures the safety of their passengers, as well as those simultaneously utilizing the roadways.  If an accident occurs, and the common carrier operator failed to abide by the rules of the road, or committed some act that put others in danger, the operator and the company for whom the operator is driving may be held liable for the injuries and suffering caused by the negligent act.  Others outside the immediate company can potentially be liable, including, those who loaded, maintained or inspected the vehicle prior to leaving on its trip.

When a lawyer pursues an injury claim against a common carrier, the attorney is looking to establish the answer to four elements of the claim.  

1. Who was negligent?  In other words, who are the individuals and entities responsible for the injuries?
2. Were the claimed injuries caused by the negligence of the other parties?
3. What are the nature and extent of the injuries or losses suffered?
4. What is the value of those injuries and losses, including pain and suffering damages?

Another concern is the financial viability of the responsible party?  In some instances, the amount that can be recovered is limited by the available insurance or the financial viability of the at-fault person or entity.  Some very bad accidents, resulting in very serious injuries, do not result in full compensation to the injured party or his/her family.

What to Do After a Common Carrier Accident in California?

After an accident involving a common carrier vehicle such as a bus or taxi, it’s important to take action immediately. First and foremost, seek medical attention if needed; document any medical expenses related to your injuries so that they can be used as evidence of the seriousness of your injuries.

In addition, you can do the following to help keep your rights and possible compensation protected:

• Call law enforcement when you are at the accident scene.  You will want to alert authorities of the accident and make sure that it is documented that you were involved in an accident.
• Gather evidence. If you are capable, you will want to collect as much evidence as possible from the scene of the common carrier accident. This can include photos of the vehicles involved in the collision, contact information for any witnesses, a witness statement, and contact information for the common carrier driver, such as their name and badge number. You may also want to note the time and location of the accident.
• Contact the right experienced lawyer. A personal injury lawyer can help you navigate the legal system and maximize compensation for your losses. A highly skilled personal injury trial lawyer will negotiate with the insurance companies so you can focus on recovering from your injuries.  If trial is required, they are highly trained and skilled in presenting a case to a judge and jury for a maximum award of damages.

Do You Need a California Personal Injury Lawyer?

If you were involved in a common carrier accident in or around Rancho Cucamonga, CA, either as a passenger or having been struck by a common carrier, contact Inland Empire Law Group for a no-cost consultation.

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We can answer any questions you may have about recovering damages after a serious accident. To schedule an appointment for a free initial consultation with our Rancho Cucamonga personal injury lawyer, contact us online by clicking the button above or call our office at 909-481-0100 or toll-free at 888-694-3529.