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How to Handle Public Transportation Injuries

Posted on: June 7, 2017

Public Transportation Injuries

Many Oklahoma citizens choose to utilize public transportation for a variety of reasons. Generally, public transportation is a safe, cost-effective and efficient means of travel. If you are involved in an accident that causes injury while using public transportation, you could be entitled to compensation. However, the process of filing a suit and determining liability can be confusing. Public transportation injuries require different legal processes and are subject to certain limitations.

Common Carrier Law

As in most other personal injury matters, cases involving public transportation injuries are based on proving negligence. In some states, including Oklahoma, public transportation companies are subject to common carrier laws. Common carriers are people or companies that provide public transportation, including taxis, trains, buses, metros, trolleys, school buses and limousines.

Common carriers are required by law to exercise a higher degree of care and skill regarding the safety and well-being of their passengers (Oklahoma Title 13-32). This includes providing safe and fit vehicles (Oklahoma Title 13-33) and avoiding overcrowding (Oklahoma Title 13-34) or overloading beyond reasonable seating capacity (Oklahoma Title 13-42).

Any victim suffering an injury on public transportation must still prove negligence on the part of the driver or company to win a case. The common carrier law provides additional support to those suffering public transportation injuries and makes it far easier to demonstrate a lack of sufficient care in providing reasonably safe transportation.

Filing Claims and Statute of Limitations

Often, public transportation companies are considered state or municipal agencies and are therefore covered under state tort claims acts. This means there are almost always notice and time deadlines for filing public transportation injury claims. The companies are in effect considered government entities and special laws apply. These deadlines will vary between states, but normally include a short deadline to notify the public transportation company of the circumstances of your accident and a short deadline for filing a lawsuit against them.

Also, many states limit claims for public transportation injuries against municipal or state agencies. Some can even be less than $100,000. This cap is often determined by state law, but can also be the result of court precedent within the state. Only an attorney experienced in public transportation injury cases can establish liability and provide information regarding the compensation you may be awarded.

What Should I Do If I Suffered Public Transportation Injuries?

Due to the complex nature of establishing liability against state or municipal entities, you should seek the advice and counsel of a professional attorney. In addition, because of the shortened time constraints involving lawsuits against such entities, you should not delay another day. Your ability to receive just compensation for your injury depends on timely action by both you and your attorney.

If you have suffered public transportation injuries in eastern Oklahoma, Tulsa or McAlester, contact the offices of Edwards and Patterson Law. We will represent your interests to the public transportation company and fight to obtain you the most favorable settlement possible. Call us today at 877-403-8417 or contact us online. You pay no attorney fees unless you recover monetary damages.

 

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1831 East 71st Street | Tulsa, OK 74136

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