Public transportation involves vehicles that carry passengers, such as buses, taxicabs and trains. Such vehicles are also called common carriers.
Vehicle accidents happen every day, and, in some cases, the vehicles are common carriers. What happens if you suffer an injury while riding in a common carrier in New Jersey?
Degree of care
Common carriers operate under the auspices of regulatory bodies that establish the standards they should follow in serving the public, especially those involving passenger safety. Even in the absence of regulations, a New Jersey carrier must exercise the same degree of care for the safety of others that a prudent person would exercise.
A higher standard
In a case focused on determining whether a common carrier is at fault for causing someone’s injury, a higher-than-normal standard applies. Common carriers must apply the greatest degree of care with regard to safety. The carrier may bear responsibility If the plaintiff can prove negligence in this regard.
Proof of fault
In a negligence case, the plaintiff might show that the common carrier is at fault by proving that it failed to treat passengers with the utmost care and diligence. Typical plaintiff damages consist of physical injuries, emotional distress or lost wages. Evidence is essential and may include:
– Eyewitness testimony from a fellow passenger who witnessed the incident that resulted in the negligence case
– Expert witness testimony to explain how the carrier failed to provide the high degree of care it should have extended to its passenger
If negligence is found on the part of the common carrier, the injured party has a right to expect full and fair compensation to cover medical expenses, lost wages and more.