Posted by: Kisling, Nestico & Redick, LLC
When is the last time you heard someone say they were going to take the next common carrier to Cincinnati? Chances are the answer is never. That’s a very uncommon term for some very ordinary forms of travel that nearly everyone has probably taken at one time or another.
A common carrier can be any type of vehicle that gets you or a good from one location to another for a fee. It could be a plane, train or bus. It could be a taxicab. In some states, a rollercoaster ride is deemed to be a common carrier. Regardless of the kind of vehicle being used, if it’s a common carrier the operator of it has a duty to keep passengers and products safe. If that duty is breached resulting in injury or death, victims have a right to seek compensation.
Most of the time, commercial vehicle companies such as airliners and bus firms have clear regulatory standards they must meet. Agencies like the Federal Aviation Administration and the Federal Transit Administration have the responsibility of enforcement. But even in instances where specific regulations may not exist, carriers still have an obligation to provide the greatest level of service possible for the safety of people and products.
What that means is that a claim for damages might be sought if particular rules are broken, or if the operator fails to provide the kind of care that might be reasonably expected. But before a successful claim can be made, victims have a burden to meet, as well. Specifically, plaintiffs have to show that a duty of care existed, that it was breached, that the breach resulted in injury and that actual physical, financial or emotional damage was suffered.
Some of those elements might be easy to prove, but solid evidence has to be presented. This is one reason why speaking with an Ohio motor vehicle accident attorney is always so important. It takes skill and experience to understand what evidence is needed and how to go about assembling it for legal purposes. If you’ve been injured, call the personal injury lawyers with KNR today at 1-800-HURT-NOW.