Have you been involved in an accident with a commercial vehicle? If so, you might be wondering, “What is a common carrier accident, and how does it affect my personal injury case?” Here’s what you need to know about common carriers: what they are, what qualifies as one, how they can complicate injury claims, and what you can do to get the compensation you deserve.
What Qualifies as a Common Carrier?
To understand common carrier accidents, we must first define a common carrier. In legal terms, a common carrier is any business or public entity that transports people or goods as a service to the public. These entities are held to a higher standard of care because they assume responsibility for the safety of their passengers or cargo.
Common carriers in Tampa and throughout Florida include:
Public buses and school buses
Taxis services
Commercial airlines
Trains and light rail systems
Cruise ships
Some delivery services
It is worth noting that while rideshare companies like Uber and Lyft provide transportation services, Florida’s Transportation Network Statute explicitly exempts them from common carrier status. However, they still have significant insurance coverage requirements.
Types of Common Carrier Accidents
Common carrier accidents can take many forms, depending on the type of carrier involved. Here are some examples:
Bus accidents – Whether it is a HART bus in downtown Tampa or a school bus in a residential area, these large vehicles can cause significant damage in a collision.
Train accidents – Amtrak, freight trains, and local light rail systems all operate in the area, and when they collide with vehicles or pedestrians, the consequences can be devastating.
Commercial airline incidents – From minor injuries during turbulence to more consequential accidents during takeoff or landing, accidents in the air can cause serious damage.
Unique Aspects of Common Carrier Accident Cases
Common carrier accident cases differ from typical car accident cases in several key ways. First and foremost, common carriers are held to high expectations. While regular drivers are expected to exercise reasonable care, common carriers must exercise the highest degree of care to ensure the safety of their passengers and other road users.
Additionally, common carrier accidents often involve multiple parties. Beyond the driver, the company that owns or operates the vehicle may be liable, as well as maintenance providers or even vehicle manufacturers. This complexity can make it more challenging to determine who’s to blame and pursue compensation from them.
Finally, common carriers are subject to state and federal regulations that can complicate matters further. There may be specific reporting requirements, shorter time limits for filing claims (especially if a government entity is involved), and different insurance considerations.
Liability in Common Carrier Accidents
Determining liability in common carrier accidents involves thoroughly investigating the incident. Because common carriers owe the public a higher duty of care, they have less room for error than ordinary citizens. Here are some examples of negligence that could make a common carrier liable for an accident:
Driver fatigue or distraction
Inadequate vehicle maintenance
Failure to properly train and oversee employees
Violation of safety regulations
Multiple parties may sometimes share liability. For instance, both the company that operates a bus and the company that produced the defective brakes affixed to that bus could bear responsibility for an accident in which the driver failed to stop in time.
Steps to Take After a Common Carrier Accident
If you are involved in a common carrier accident in Tampa, taking these critical steps can protect yourself and your right to compensation:
Report the incident to the appropriate authorities.
Gather evidence at the crash scene, including photos and witness contact information.
Seek medical attention immediately, even if you feel fine.
Avoid giving statements to insurance companies or accepting a settlement offer without seeking legal advice first.
Contact an experienced personal injury attorney.
Compensation in Common Carrier Accident Cases
If you have suffered injuries in a common carrier accident, you may be eligible for financial compensation for losses such as:
Medical expenses – Both current and future costs related to your injuries
Lost wages – Including missed future earnings if your injuries affect your ability to work
Pain and suffering – Compensation for physical pain and emotional distress
Property damage – If personal property was damaged in the accident
The value of your claim will depend on factors including the severity of your injuries, the impact on your life, and the effectiveness of your legal team.
How a Tampa Personal Injury Attorney Can Help
The potential complexity of a common carrier accident case underscores the importance of working with an experienced Tampa personal injury attorney. An effective lawyer can bring several advantages to your case, including:
Experience with these complex cases – Look for a lawyer who understands the unique aspects of common carrier accidents and knows how to build a robust claim involving them.
Knowledge of relevant laws – Your legal representative should be familiar with state and federal regulations and how they apply to common carriers in Tampa.
Negotiation skills – Choose an attorney who can effectively negotiate with insurance divisions and outside insurers to secure fair compensation
Litigation preparation – In the event that a settlement is out of reach, you should have a seasoned litigator who is prepared to take your case to court.
Contact Jurewitz Law Group Injury & Accident Lawyers Today
Common carrier accidents can be overwhelming, but knowing your rights and options is the first step toward recovery. These cases involve unique challenges that set them apart from typical personal injury claims. From parsing regulations to dealing with large companies and their legal teams, the process can be daunting for those without legal experience.
Fortunately, you don’t have to go through that process alone. If you have suffered injuries in a common carrier accident in Tampa, the experienced team at Jurewitz Law Group Injury & Accident Lawyers is here to help. With nearly 25 years of legal experience at our back, we know how to fight effectively and aggressively for the compensation you deserve. Call us today at (619) 233-5020 for a free consultation, and let our Tampa truck accident lawyers help you on your path to recovery.
