Who Do I Sue After My St. Louis Public Transportation Accident?

If you are injured while on public transportation in St. Louis, the obvious claim to be made is against the driver or operator. Additionally, under Common Carrier laws, you might be entitled to make a claim against the public transportation company that runs that particular means of transport, possibly including governmental operations like the City of St. Louis or State of Missouri or Illinois.

The Common Carrier Liability Act in Missouri is defined by Missouri Revised Statute §390.020 as “any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for hire or compensation upon the public highways and airlines engaged in intrastate commerce.” Under this law, the facts supporting the conclusion that a business is operating as a common carrier include:

• Transportation of property or passengers without refusal or discrimination if the fare or charge is paid
• Published rates or fares
• Reasonable rates or fares
• Published routes
• All required registrations, licenses, permits and insurance
• Carrier represents itself and holds itself out to the general public as a common carrier
• General public recognition as a common carrier
• Revenue generated through common carrier activities substantially contributes to the financial requirements of the carrier’s operation
• Sufficient income from freight transportation charges to reflect that its common carrier operations are a viable part of its business

In Illinois, 740 ILCS 25/ serves as the Common Carrier Liability Act. Call a St. Louis public transportation accident lawyer at Burger Law today at (314) 500-HURT or contact us online.

What are St. Louis ‘Common Carriers’ Responsible For?

In both Missouri and Illinois, common carriers owe their passengers a higher degree of care than the average person does. In Missouri case law, there is no sliding scale for its highest degree of care for common carriers. And in Illinois case law, a common carrier owes its passengers the duty to use the highest degree of care consistent with the type of vehicle used in the practical operation of its business.

Part of the common carriers’ duty of care includes:

• Performing background checks on potential employees before hiring them.
• Drug screening
• Checking employment and personal references
• Validating college degree or accreditation
• Checking driving records
• Providing proper safety and driver training
• Inspecting and maintaining the safety of vehicles and equipment
• Creating realistic schedules to encourage drivers to take their time and operate vehicles safely
• Exercising reasonable care to protect passengers from potential harm by a third party
• Warning passengers about potential hazards

Call a St. Louis public transportation accident lawyer at Burger Law today at (314) 500-HURT for a free consultation to discuss the specifics of your case or contact us online.

What Qualifies as a St. Louis Public Transportation Accident?

Because of the higher standard of care, several scenarios qualify as accidents on public transportation. And these incidents do not have to occur while the particular vehicle is in motion. The Burger Law public transportation accident lawyers based in St. Louis have years of experience working on accident cases throughout Missouri and Illinois. Some of the types of accidents our St. Louis public transportation accident lawyer sees include:

• Slip and fall accidents on the MetroLink
• Collision with another train or vehicle while aboard MetroLink
• Vehicle or pedestrian accidents on a MetroBus
• Slip and fall accidents on a MetroBus
• Accidents while aboard a trolley
• Accidents while aboard a ferry