Injuries on public transit can come from many different sources, too. Improper conduct by employees, a failure to maintain a safe environment, designs that create unacceptable dangers and other factors can all create a risk of serious injury or death. Learn what the most common risks are, including some you might not have anticipated, by reading on.
Employee Negligence
A huge source of danger on public transit arises when employees fail to heed the rules and policies established by their public transit authority. For instance, two BART workers were struck and killed by a train after both parties failed to adhere to standard BART procedures.
The operator of the train was an inexperienced trainee given half the normal training time. His training supervisor was also not present in the operator’s compartment with him, as required by BART policy. Instead, the supervisor was chatting about baseball and using his phone, both of which are prohibited during training sessions.
In scenarios where a public transit passenger is placed in danger by an employee’s failure to follow policies or procedures, the resulting injury claim can rely upon the strict “common carrier” standard of care. According to California Civil Code §2100, common carriers “must use the utmost care and diligence for their [passengers’] safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.”
This elevated standard of care also applies to MUNI bus drivers, who are responsible for avoiding dangerous situations and must exercise elevated caution when making driving decisions.
Dangerous Conditions
Many public transit deaths result from passengers getting trapped underneath trains. For instance, one BART passenger was recently killed tragically after getting caught between the platform and the train.
To mitigate these dangers, transit authorities usually place clear warnings around hazardous conditions. But, in certain situations, the warnings could be deemed inadequate. Other times, transit employees lapse in their duty to recognize a potentially dangerous situation, such as a larger than usual platform gap and address it properly.
The authority can be liable for these dangers, according to California Government Code §835.
Violence
Robberies, assaults and other acts of violence can occur all too often on public transit. A recent harrowing incident in Oakland saw dozens of teens invading a BART train, who robbed and attacked its passengers. In situations like these, it could be possible to argue that the transit authority failed in its duty to prevent the incident through adequate security measures.
In the opposite situation, transit security officers may sometimes overextend their authority, as was the case in a $1.5 million wrongful death settlement stemming from a BART officer shooting and killing an unarmed man.
Whether the violence is caused directly by a transit employee or by them possibly lapsing in their duty, the transit authority could potentially be liable for any resulting injuries.
Filing a Claim With a Public Transit Injury Lawyer
Public transit injury claims are complex and require a significant amount of legal know-how in order to get the proper paperwork filed. Transit authorities also tend to have many legal resources at their back in addition to certain protections of the law. While the “common carrier” law enforces a higher standard of liability, successfully arguing an injury case after a public transit accident requires skill, familiarity with the law and attention to detail.
If you have a personal injury case against a public transit agency, you can get all of these attributes by partnering with an attorney as soon as possible. You can contact Gruber Law now for a free consultation.