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Mass Transit Accidents

Mass Transit Accidents Attorneys in Delaware

Delaware Bus Accident Lawyers

In the state of Delaware, mass transit accidents typically consist of an accident involving a bus, taxi, train or trolley. While these transportation systems are primarily designed to provide safe, convenient and reliable transportation they can also be involved in an accident. Many Delawareans have come to rely heavily on public transportation in order to get them to work, from work, school and other destinations. With that, these same people have also come to expect that they will arrive safely at their destination and out of harms way. Unfortunately, many people in Delaware are injured as a result of negligent driving, intoxicated driving or faulty equipment associated with the mass transit system. Wilmington Personal Injury Attorney James F. Bailey demands these companies or public authorities be held accountable if you are injured while in their care.

If you have been injured in a mass transit vehicle accident in Delaware you should speak to a Delaware Mass Transit Accident Lawyer immediately. Call The Bailey Law Firm at 302-658-5686. Or, email Mr. Bailey by clicking here. Mr. Bailey will determine the true monetary value of your claim based on your injuries and will get you the compensation you deserve. He will take into consideration factors such as current medical expenses, future medical expenses, therapy costs, lost wages and pain & suffering.

  • Mass Transit Accident Vehicles
  • Public or Private Bus Accidents
  • Commuter Trains Accidents
  • Taxi Cab Accidents
  • Trolley Car Accidents
  • Shuttle Bus Accidents
  • School Bus Accidents
  • Delaware Area Regional Transit (DART) Accidents
  • Causes of Mass Transit Accidents in Delaware

Mass Transit and public transit accidents can be caused by many factors. Common causes are poorly or improperly maintained vehicles. Common examples of this are tire blowouts and poor brake maintenance. Defective products or faulty equipment on the vehicle is another cause of these accidents.

Factors involving the driver or operator of the vehicle are the driver being intoxicated while driving. Inattentive, careless or negligent driving are also common causes of mass transit accidents. Text messaging while driving a taxi, cab or bus, internet browsing while driving and talking on cell phone while driving are examples of inattentive driving which may result in a mass transit accident.

Bus and public transit lawyers have been making the argument that they are not a "common carrier" because they are affiliated with the state or are a quasi-state agency. Before we analyze whether they are correct, we must first ask "Why are they making this argument?" The reason is based upon the varying standard of care that their operators must use in operating DART buses, or Amtrak trolleys and trains. The law requires a common carrier to use a higher degree of care for the safety of its passengers than that ordinarily imposed on others. In other words, a DART driver must use a higher degree of care for the safety of you, its passenger, as compared to a driver of a car you occupy. The law says "any failure of the [common carrier] to use such care is negligence." This makes sense if you think about it. DART is providing public transportation for a fee. You as a passenger have no ability to protect yourself. So, you are relying upon the DART operator to drive you to your destination with the highest degree of care for your safety.

While the argument is being made more and more by defense lawyers for DART the argument has been rejected and the common carrier jury instruction is available.

The argument is flawed. They are a quasi-state entity and enjoy the immunities of the State. However, they are also a common carrier and are subject to the common carrier jury charge. A common carrier is "any carrier required by law to convey passengers or freight without refusal if the approved fair or charge is paid" and "one who holds himself out to the public as engaged in the business of transportation of person for compensation."

Although the argument is meritless, we expect the companies and DART to instruct their insurance lawyers to keep making the argument.

Post Accident Concerns

If you are involved in a mass transit accident in Delaware there are several steps you should take to defend and protect yourself. Typically a claim card will be given out at the accident scene and it is advisable to acquire one. This will be done by the responsible party, entity or institution. Once a card is secured it makes sense to contact a qualified Delaware Mass Transit Accident Lawyer. It is also extremely important that you seek appropriate medical care for any injuries sustained during the accident. Even if you feel fine you should go to the emergency room for evaluation.

Call A Delaware Public Transit Accident Attorney

Filing a claim in a timely manner is important regarding getting the maximum amount of compensation for your pain, suffering, medical bills etc after a mass transit accident. Contact The Bailey Law Firm to discuss your claim. Mr. Bailey more than 35 years experience helping those injured in auto accidents in Delaware. Mr. Bailey is a very skilled and qualified Delaware Trial Attorney. While reaching a settlement is ideal he is more than willing to take your cases to trial if a settlement cannot be reached. Mr. Bailey and his staff will work very closely with you throughout the entire legal process. Mr. Bailey can be reached at 302-658-5686. You may also email Mr. Bailey by clicking here.