From increases in gas prices, the rising costs of ownership, and many other reasons, the use of public transportation continues to increase. Being involved in an accident when using the bus or train is likely the farthest thing from your mind, but it can happen. If it does, the results can be catastrophic, and often result in life-altering injuries. If you have been involved in an accident while using public transportation in Las Vegas, you need to make sure you understand your personal injury rights.
Public transportation accidents are unique in terms of accident-related personal injury claims. One of the most significant differences is the standard of care comparison. In a normal auto accident the “at fault” driver is compared to a “reasonable person,” which simply determines whether his or her actions were the same as what most people would do in the same situation. However, public transit drivers must meet a higher standard of care due to the nature of their businesses – they are responsible for a greater number of people during transit, and their actions must be compared to those of a reasonable operator, rather than the average person.
Determining liability in public transit claims can be difficult. In these cases, the responsible party could be the driver, the transportation agency, or another party that is responsible for some aspect of the vehicle. If the accident is caused by the driver operating the vehicle in a negligent manner, he or she would be liable. However, if the driver had a history of negligent behavior while driving, the liability could move to the agency for not addressing the problem.
The agency may also be considered the “at fault” party if the vehicle was not properly maintained, and it was a contributing factor to the accident. Additionally, if another party was responsible for the maintenance and repairs and that played a part in the accident, the third party could be held liable. Finally, it may even be possible that the designers of the system made an error that resulted in your injuries, in which case they would have some liability in the claim.
Public Transportation Laws
In Las Vegas, there are different laws in place for those operating public transportation options. There are a variety of regulations concerning jurisdiction, standard of care, and many other aspects. Each type of public transportation also has its own regulations and laws as well, which can quickly lead to confusion with your claim.
If you have been involved in a public transit accident and you think you may have a personal injury claim, it is very important that you contact a Las Vegas lawyer that has a good understanding of the different facets of these cases. You need someone on your side that understands exactly how to determine liability, and how the applicable laws affect your potential case. Whether you think you understand your claim or not, you should consider contacting an attorney to go over everything with you to make sure you have the strongest case possible.