Rights After a Bus/Train Injury (Common Carriers)
Bus and train accidents, like other motor vehicle accidents, are devastating. However, unlike other motor vehicle accidents, train wrecks and bus accidents are governed by common carrier law. Common carrier law places a higher standard of care upon common carriers. Thus, in the event of an accident, an injured plaintiff may have an easier time proving his or her case against the responsible party.
Moreover, besides the heightened standard of care, common carriers also face negative publicity after accidents. Bus and train accidents often involve many parties and usually have ties to governmental agencies. This leads to negative publicity. Thus, as a result of the heightened duty of care and the negative publicity, common carriers are likely to push for a settlement quickly.
Georgia Common Carrier Law
A significant part of train and bus accidents are that common carrier law governs those accidents. Georgian law defines a common carrier as “a person who undertakes the transporting of goods or passengers for compensation. A ‘common carrier’ is a person who undertakes to carry, and holds himself/herself out as ready to receive for carriage, goods for hire which the person is accustomed to carry or passengers for hire without discrimination as long as there is room.”
The Georgian common carrier statute also provides that a common carrier must use “extraordinary care” when transporting passengers. Case law discusses how far this level of extraordinary care goes.
History of Extraordinary Care
Common carrier accident liability is synonymous with extraordinary care and is rooted in English Common Law, according to some. At Common Law, a carrier of goods was absolutely responsible for any damages to those goods. In the 1839 case of Stokes v. Saltonstall, the United States Supreme Court applied the heightened duty of care attached to a carrier of goods to a common carrier of people.
Defining Extraordinary Care
The definition of extraordinary care can be gleaned through various Georgia common carrier accident cases. In the 1991 case of Mattox v. MARTA, a Georgia Appellate Court ruled that a common carrier does not have an absolute obligation to ensure passenger safety. The court in the 2009 case of Laidlaw Transit Services, Inc v. Young restated this rule by proclaiming that a common carrier does not have absolute liability if a passenger suffers an accident. Based on case law, extraordinary care is a higher standard that a reasonable duty of care but does not rise to the level of strict liability.
As a result of the Georgia statute and subsequent, interpretive case law, if an accident involving a common carrier occurs and the plaintiff suffers an injury, the common carrier is placed in a difficult position when defending itself against a personal injury claim.
An Accident Victim Involving a Common Carrier Should Contact Joel Williams
If you have been hurt in an accident involving a common carrier, do not just settle for the bus or train company’s first offer. Usually, due to the extraordinary care standard, common carriers are the guilty party in personal injury suits. Common carriers also want to avoid the negative publicity of a trial and move toward settlement. Due to these factors, an injured party needs an experienced lawyer to review the case so he/she can maximize the reward. Contact the personal injury law firm of Williams Elleby Howard & Easter, a Kennesaw, Georgia law firm representing injury victims. If you have questions or would like to discuss your case, please call our office today at 833-LEGALGA for a free consultation.
