Travel accidents can involve many different types of facts and parties. Frequently, travel accidents involve businesses known as “common carriers”’. These include in part companies running such business as buses, taxis, trains, planes, and ferries. Such business charge money to take people from one place to another. Common carriers have a duty to use the highest degree of practical care and foresight for the safety of its passengers They are however not an insurer of their passengers' safety. If a common carrier knows, or should know, that a passenger is unable to care for his own safety, it has a duty to use care, beyond that care given to a normal passenger, to protect a passenger in his condition from the dangers incident to his surroundings and mode of travel.

A common carrier also has a duty to protect its passengers from any unjustified assault by its employees during the passenger-carrier relationship. If a common carrier knows, or by the use of proper care should know, that a passenger probably will become a source of danger or menace to other passengers, it has a duty to use the highest degree of practical care and foresight to prevent any injury. Common carriers have a duty to preserve order on its conveyance; accordingly, it may use all reasonable means and necessary force to remove disorderly persons from the conveyance.

The care required of common carriers begins when passengers are boarding and ends when they are safely off. The passenger-carrier relationship begins when a person presents himself to the carrier for transportation under such circumstances of time, place, manner, and condition that the carrier must be deemed to have accepted him as a passenger. The passenger-carrier relationship does not end until the passenger has alighted from the conveyance and has had a reasonable opportunity to reach a safe place .

For example, buses, taxis, trains, planes, and ferries must properly stop long enough to allow passengers to get in and out safely. A common carrier's responsibility for its buildings and other facilities such as stations, platforms, and waiting areas, is one of reasonable care. The same standard applies to carriers as to stores and restaurants. Common carriers must warn passengers of dangers they are not likely to see for themselves, such as unexpected steps. But they cannot be expected to warn about hazardous situations that appear out of nowhere.

Common carriers and their employees must also use the highest degree of care in selecting, maintaining, and operating vehicles. When passengers are on board, the aisles and floors must be kept clear, and baggage must be carefully secured in racks. Drivers must obey all traffic, navigation, and aviation laws and must not make sudden starts or stops.  

Legal claims involving travel accidents can involve complex legal and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• When, where, and how did the accident occur?

• What type of transportation was involved?

• Were any statements made regarding the accident?

• Were any photographs or videos taken?

• What was the extent of any property damage?

• Did the accident involve high speeds?

• Did the accident involve reckless conduct?

• Did the accident involve alcohol or drugs?

• Did the accident involve a common carrier?

• Did the accident result from the negligence or improper conduct of an employee?

• Were there any witnesses?

• Did law enforcement or a government agency investigate the accident?

• In what jurisdiction did the accident happen?

• Do you know the names of all operators or persons in charge?

• What were the weather conditions?

• What were the travel conditions?

• Did anyone go to the hospital?

• What are the nature and extent of any injuries?

• Are there any permanent injuries?

• Is future medical care involved?

• Was anyone killed in the accident?

• What type of insurance is involved?

• Was a statement given to the other insurance company?

• Have you signed a release?

• Is UM or PIP coverage involved?

• Is there any Health Insurance benefits?

• Is a ERISA plan involved?

• Did the accident occur because of defective or unsafe equipment?

If you are the victim of a travel accident, including common carrier accidents, be sure to get the names and addresses of all witnesses, including all those employed by the common carrier. Get the driver or operator’s name, license plate number, and the vehicle identification number Get the names of any investigators and investigating agency with whom you talk. Immediately, report the accident to a manager. Tell them that you were injured in an accident, and get a blank copy of their standard report. Tell them that you may provide a completed report after you receive medical attention. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, or their representatives. Consider the suggestions in our accident guide, and call us immediately. We are here to help. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.