Filing Suit for a Common Carrier Related Injury

Common carriers transport products or people from one location to another. Trucks, boats, trains, planes, and various methods of public transportation may classify as common carriers. When these vehicles are involved in serious crashes, the resulting injuries can be extremely severe and widespread. In addition, several individuals or companies may share responsibility, which can make a common carrier injury lawsuit extremely complex.

Identifying responsible parties

In many situations, multiple parties are involved in the maintenance and operation of a common carrier vehicle. It may be owned by one entity, maintained by another, and operated by an employee of a third entity. This creates a situation where numerous parties may be at fault for a victim’s injuries. The operator’s fault may arise from negligent operation of the carrier. If the operator was acting in an employment capacity, the employer may also hold some responsibility to the injured parties. If a mechanical issue contributed to the cause of the crash, the carrier’s owner or lessee may be held liable, along with parts manufacturers and maintenance mechanics. In incidents involving public transportation, one or more government agencies may also share in the legal responsibility.

Common carrier regulations

Common carriers are often subject to specific state and federal regulations. Some examples include:

• Federal Aviation Administration. The FAA governs commercial airlines by setting safety standards for equipment and employees.
• US Coast Guard. This agency sets standards for passenger ship safety. They are also subject to various international rules, depending on their location and place of origin.
• Federal Motor Carrier Safety Administration. The FMCSA sets rules regarding the number of hours a truck operator can drive, the manner in which the truck operator must drive, the required maintenance of a commercial vehicle, and more. Tractor-trailer safety is also governed by the Department of Transportation rules, as well as various state regulations.

These rules are relevant to a personal injury lawsuit in various ways. They may set standard levels of care and maintenance that the court must consider when determining fault. Proof of rule violations can also prove helpful in establishing liability.

Determining damages

Common carrier crashes often result in significant physical, mental, and financial consequences. An accurate determination of damages can mean the difference between a substantial compensation award and inadequate case outcome. Potential damage amounts may include compensation for pain and suffering, lost wages, medical expenses, and future costs. With so much at stake, skilled Savannah and Atlanta personal injury lawyers use various resources and experts to ensure a correct and comprehensive case valuation.

If you or a loved one experienced severe injuries in a common carrier crash, contact the lawyers of Harris Lowry Manton LLP for experienced representation you can trust. Please call us at 407.998.8847 in Atlanta, at 912-651-9967 in Savannah, or fill out our contact form.