Public Entities/Common Carrier Accidents and Injuries

A common carrier could be an individual, an organization or an entity that charges to carry passengers or systems or equipment that carries passengers as part of a business operation which is open to the public. There are thousands of seriously injured people, passengers, and/or riders each year who are injured or even killed on public transportation. There are many recognized categories as “common carriers” and some of the following could apply to your case:

1. Stagecoaches or wagons as in the case of the mule wagon which overturned more than a decade ago at a winery in Sonoma County for which we represented two of the injured plaintiffs.
2. Elevators and escalators.
3. Ski lifts.
4. Moveable walkways.
5. Planes.
6. Mule trains, for example, those that are used in some of the national parks.
7. Amusement park rides which is an area of law under review and is constantly changing.
8. Vanpool vehicles.
9. Jitneys.
10. Railroads and rail related accidents. The North Bay is planning to build a smart train and that is covered under “a common carrier.”

Elevator and Escalator and Moveable Walkway Injuries

Many businesses including airports use escalators, elevators, and moveable walkways to transport their customers and clients; the property owners of these types of transportation and people-movement devises are responsible for the injuries caused by any malfunction in their equipment. They are also responsible for the upkeep and proper maintenance of their own equipment. Accidents and serious injuries occur when escalators suddenly stop, causing the riders to fall, fingers and feet to be caught in the mechanism, resulting in cuts, abrasions and even amputation.

Other instances of injuries occur when elevator doors close so forcefully that they break or fracture arms and/or legs. The Law Offices of Michael A. Fiumara represented an elderly patient at a local hospital where the elevator came to a stop a foot or two short of the landing creating a sudden drop which injured the disabled senior when his wheelchair turned over and he was rushed back to the hospital. Our firm and its experts are familiar with the design and operation of the mechanical and electrical devices and the equipment to determine the cause of the malfunction or disruption of services. The Law Offices of Michael A. Fiumara will discover whether the cause of the accident was the result of a defective part, improper maintenance and/or merely an adjustment of the equipment that should have been made before it was allowed to receive and transport innocent passengers. Our law firm has achieved results for clients who suffered injuries, some serious and some not, on elevators. If you have been injured on any one of these devices, please contact our law firm immediately at 707-387-0940 or 415-234-0142, two convenient locations, one near the Civic Center in Palm Springs and the other next to the Flamingo Hotel in Santa Rosa, California.

Common carriers are held to the highest degree of care and vigilance ensuring the safety of their riders and passengers.

These common carriers are required under the law to provide transportation carriages and vehicles that are safe and fit to transport passengers. Of course, this is a much greater or higher duty of care than that which is required of a normal or average motorist who is only required to use “reasonable care.” This heightened standard of care makes these cases somewhat easier for the law firm to pursue and get an excellent return for its clients. It is a proven fact that injured plaintiffs receive three times more in terms of financial compensation when they are represented by an attorney than when they are not!

The heightened responsibility that common carriers owe to the public:

1. They are not to damage baggage or luggage; this is especially applies to airports
2. Not stop or start suddenly or erratically—this applies to shuttles, buses, taxis and other vehicles.
3. They must discharge passengers in a safe place and at their destination.
4. They need to keep regular schedules.
5. Protect passengers from the violent acts of other passengers and third parties.
6. They have a duty to provide extra help and seating for elderly and disabled passengers under The Americans with Disabilities Act (ADA).
7. They also must provide a seat for every passenger (except on municipal buses).
8. They are not to overcrowd vehicles especially taxis and limos.
9. They must keep their equipment in excellent working order and keep the equipment of debris and other damaging interference.

Please feel free to speak to an injury attorney today at no obligation.

The Law Offices of Michael A. Fiumara has recovered millions of dollars for their clients. If you have been involved in an accident on or have been injured by a common carrier, you have a right to recover damages for those injuries. The owners of common carrier related services as mentioned above must be held fully accountable when their for-profit services cause injury through an act of negligence of a lack of due care. Please contact anyone of our attorneys 24/7 at 707-387-0940 or 415-234-0142 and the operator will put you in touch with one of our personal injury attorneys today or tonight.

Caveat: Since many common carriers are governmental entities or part of a governmental framework, there are oftentimes very limited statutes of limitations or timeframes for filing a claim. Please consult us as soon as possible so that you do not miss an important date file your claim that would prevent you from pursuing damages you are entitled to receive.

Another Common Carrier Type of Accident is Train and Rail Accidents

A railroad accident can be categorized and broken down into two general types of accidents—Those involving a single freight or passenger train and those involving motor vehicles.

Single-Train Accidents

These types of accidents can involve rail departures, derailments, and minor collisions between trains, equipment failures, and hazardous materials of all kinds. Railroad accidents can also occur solely as rail car accidents. In the case of passenger rail cars that are involved in these types of accidents, the results can be devastating and injuries can be severe if not fatal.

Intersection Accidents

The most common type of railroad accidents are those accidents that occur at railroad intersections and crossings. Because of the great disparity in size and weight between railroad cars (trains) and much lighter and smaller motor vehicles, these accidents are often disastrous and result in catastrophic injuries and fatalities. A fair percentage of these types of accidents are caused by the malfunction of traffic signals, obscured or missing signs, inattention, the weather, and conductor errors. Allow our experienced railroad and rail accident attorneys to review and evaluate your claim so that you are paid the compensation that you deserve.

We are experienced personal injury attorneys

The Law Offices of Michael A. Fiumara is comprised of a very dedicated and hardworking legal team that has personally handled an extensive variety of accident and personal injury cases of all types in all different settings. In railroad and rail related accidents, we use our knowledge and familiarity with the claims process and the intricate insurance rules and regulations, along with our unique knowledge of the Federal Railroad Administration’s Safety and Health Regulations to build a strong case for your claim. We do whatever it takes to win whether your case is best or more advantageous to be resolved through a settlement or whether it requires aggressive litigation until a jury verdict. Please feel free to contact The Law Offices of Michael A. Fiumara at any time of the day or night to discuss your railroad or rail accident at: 707-387-0940 in the Greater Santa Rosa area or in the Greater Marin County area at 415-234-0142. When you call, please ask the operator to connect you to one of the attorneys on-call since we take your case very seriously because railroad accidents are usually very serious and oftentimes cause catastrophic and serious injuries.

Public Transportation Accidents/Injuries

In the Bay area, dozens of people each year are seriously injured every year either by or on public transportation which is also known as “common carriers.” Common carriers are defined as entities or systems that carry passengers and riders as part of their business operation which is open to the public. There are many different types of common carriers in the North Bay including the Greater San Francisco area and they include but are not limited to the following:

1. Any tourist and/or sightseeing trolleys, boats, buses, and/or balloon rides.
2. Airport shuttles of all kinds to and from the Charles Schulz Airport in Santa Rosa to the super shuttles of San Francisco.
3. Cable Cars and Trolleys
4. Taxis and Limos of all kinds.
5. Trains. This includes the SMART train that is being built between the Charles Schulz Airport in Santa Rosa to the ferry in Southern Marin County.
6. Ferries–including the Red and White Fleets as well as other ferries that will be shuttling people back and forth from the SMART train.
7. Busses including MUNI in San Francisco, the North Bay Transit, Golden Gate Transit, AC Transit, Greyhound, all inner-city bus companies, airport express busses, and any casino and tourist buses. The Graton Rancheria Casino opened on November 4, 2013 and has a huge influx of buses to the North Bay.

Please keep in mind that common carriers are required under the law to provide the highest degree of care and vigilance to ensure the safety of their riders and passengers, and to the general public. This standard of care is much higher than that required of a normal motorist who again is only required to use “reasonable care.” Common carrier vehicles and transport mechanisms must be safe, well-maintained, and fit to transport passengers in a safe manner at all times.

If you have been injured in a common carrier or public transit related accident, The Law Offices of Michael A. Fiumara has handled dozens of personal injury and wrongful death cases for people injured by public transit and common carriers of all kinds so please contact us at 707-387-0940 in Santa Rosa of 415-234-0142 in Palm Springs 24/7 and you will be connected to one of our attorneys by an operator.

The types of injured plaintiffs that The Law Offices of Michael A. Fiumara represents are those where people suffered broken arms, wrists, legs, and hips when an underground MUNI rail car goes into emergency braking maneuvers which throws people to the ground and slams them into other objects or other passengers. The same goes for above ground buses and the newly and under construction railroad/SMART train which is being constructed between the Greater Santa Rosa area and Southern Marin. We use extensive investigation and employ highly skilled experts who uncover the failure of those operations and computer systems which may be the cause of some of these kinds of common carrier accidents. Other common carriers like Bay Area Rapid Transit (BART) are more prevalent to accidents and incidents than one would believe, so it is important to contact us even if you think you have a possible claim against a common carrier.

Statutes of limitations are very short for these types of cases.

Common carriers are often governmental entities or run by them, so they have very specific and limited timeframes or statues of limitations which apply when filing a claim for a common carrier injury. Claims against a governmental entity are somewhat complex because you usually have a six month statute of limitations to file with the entity. Different rules apply if you file the claim with the governmental entity and it is rejected versus whether it is accepted. You need an experienced and skilled attorney to figure out just how to get around these roadblocks and governmental maneuvers which prevent you from getting the fair compensation that you deserve. Please do not let the statute of limitations run out on your possible personal injury case.

Please contact The Law Offices of Michael A. Fiumara and any one of our attorneys with offices in Santa Rosa and Palm Springs.

The Bay Area public transit lawyers of The Law Offices of Michael A. Fiumara, a team of dedicated and experienced lawyers will get you the very best result possible. Please remember that we do not charge any fee unless we recover damages for you. Therefore, you have nothing to lose by talking with one of us about your case anytime of the day or night so please contact us 24/7 at 707-387-0940 in Santa Rosa and 415-234-0142 in Palm Springs, Marin County.

We will be glad to meet with you during the evening, weekend appointments are always available. If you are unable to come and see us at any one of our offices, then we will come to you at your convalescent hospital or the hospital which you are staying. Please also remember that we speak Spanish.