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Common Carrier Wrongful Death Claims


Common Carrier Wrongful Death Claims

I’m Ed Smith, an Orangevale wrongful death lawyer. A wrongful death in the family can happen when someone dies as a result of negligence or intentional act. A wrongful death can also occur through common carriers such as buses and trains when the operator or company is found to be negligent, and a passenger dies as a result.

What Is a Common Carrier?

A common carrier is an individual or company that transports people for a fee. It includes buses, trains, taxis and pay for hire vehicles such as Uber or Lyft under California Civil Code 2168. In California, amusement park rides are also considered common carriers. In any common carrier, the operator must show reasonable care to avoid injuries or deaths to its passengers. In addition, the company employing that operator must adhere to regulations and provide a safe environment for its passengers. Under California law, this falls under California Civil Code 2100.

What Are the Responsibilities of Common Carriers?

Common carriers are held to a high standard when it comes to safety of its passengers. Some of their responsibilities are as follows:

  • Common carriers such as buses and trains cannot discriminate against passengers as to race, religion, gender, etc., according to the U.S. Department of Transportation regulations.
  • Common carriers are responsible for the safety of passengers to transport them, and get them to their destinations safely.
  • Common carriers are responsible for the maintenance and safety of the vehicle that is transporting those passengers, including vehicle inspections.
  • Passengers must be advised of any dangers on a public carrier such as non-functioning seat belts.
  • Drivers must comply with regulations for hours of service as outlined by the Federal Motor Carrier Safety Administration.
  • Drivers must comply with drug and alcohol testing requirements.
  • Drivers must be properly licensed.

Statute of Limitations for Filing a Claim?

The statute of limitations in California for a wrongful death claim is normally two years or may be extended if the negligence that caused the accident is discovered at a later date. However, public transportation such as buses are usually under a city or other governmental entity. In this event, the filer has six months in which to file a claim. If the government entity denies the claim, then the family may file for wrongful death in civil court. Wrongful death can be complex, particularly when a government entity is involved. It’s a good idea to contact an experienced wrongful death lawyer to defend your rights, and ensure that paperwork is handled properly.

Injuries in a Common Carrier Accident

Common carrier accidents can cause serious injuries. They may range from burns and brain injuries to broken bones and spinal cord damage. In the worst scenario, they may result in the death of a loved one. When the passenger in a common carrier is injured, their best recourse is to contact a seasoned personal injury lawyer in Orangevale to learn about their options for recovering fair compensation.

Orangevale Persoal Injury & Wrongful Death Lawyer

I’m Ed Smith, an Orangevale wrongful death lawyer. The loss of a loved one through negligence is bad enough. It is compounded by financial repercussions when the loss was through the negligent actions of another. If your loved one died because of a negligent common carrier, phone me at (916) 921-6400 for free, friendly advice. You can also call at (800) 404-5400, or contact me using the contact us form.

Visit Settlements and Verdicts at my website, to see previous cases and how they concluded. Client reviews are found at Google, Avvo and Yelp. In addition, I belong to Million Dollar Advocates, a forum for those trial lawyers with a record of settlements/verdicts of at least $1 million.

I have practiced defending the rights of Orangevale citizens and other Northern Californians since 1982, including traumatic injury cases and wrongful death claims.

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