Getting hurt anywhere in public is one of the worst experiences you can have. While there’s usually plenty of help around, you also face the callousness of people, the embarrassment of your situation and the urgency of those responsible to avoid blame. All of this is on top of the pain you’re feeling and your need to get help fast.
What about when the time comes to get compensated for your injury? What if your accident happened while you were on public transportation — a bus, subway or other transport line service? Learn what to do if you were hurt on public transit, what options you have, and the importance of having an injury lawyer in your corner.
Common Carrier Laws and Being Hurt on Public Transit
The truth is, it can be easier to prove negligence when you’re hurt on public transit than when you’re hurt in other places. This is because of a legal concept is known as Common Carrier Laws. You see, every business has a certain duty of care to those who take advantage of their services. When it comes to public transportation, this duty of care is more stringent.
Negligence, however, is still a requirement. Let’s look at two contrasting situations on a bus. You’re standing, and the bus takes a sudden swerve, which causes you to fall and get injured. If the bus swerved because a car in front of them unexpectedly brake-slammed, or someone ran into the road, it may be difficult to prove the driver was being negligent. If, however, the driver was busy answering a text message on their mobile device rather than paying attention to traffic, of if they were having a conversation with a passenger, then negligence might attach.
Limits on Public Transportation
Now for the bad news. While it can be easier to prove negligence against a public transportation service, there are also statutes of limitations that apply. You’ll need to take the right steps in the right timeframe to make sure your case gets heard. These limits can be very short, and you’ll need to both notify the transportation company and file your lawsuit within a specific timeframe.
Secondly, there are also caps on how much you can recover from a public transportation company. These caps are far lower than the amounts that can generally be collected for regular auto accidents. In addition, if the public transportation company is a municipal agency, you may have difficulty collecting damages at all.
South Carolina Injury Attorneys
All of this is why it’s so important to have a South Carolina injury attorney in your corner. An attorney knows all of the legal pitfalls and loopholes to avoid and can help you get the full amount that your claim is worth.
If you’ve been hurt on public transit in South Carolina, the first thing you should do is call upon the services of a competent and experienced injury lawyer like those at the offices of Harris & Graves. Give us a call to discuss your case today, free of charge and at no obligation to you, and learn how we can help.