Common Carrier Accidents - How They Happen and What to Do

A common carrier is a means of mass transportation of the general public from one destination to another in exchange for a fee. These carriers include airplanes, trains, subways, buses, taxis, ferries, cruise ships, elevators, escalators and ski lifts. Generally, these transportation companies issues time schedules and set rates for specified routes.

A common carrier is bound by Federal and state regulations to comply with safety laws, provide transportation units in a reasonably safe condition with competent and qualified drivers and flight and vessel crews, use its utmost care in transporting passengers and provide any necessary safety warnings to travelers. The Department of Transportation is the primary regulator of common carriers.

These carriers, however, are not insurers of the lives of passengers. They are required to exercise the highest degree of care reasonably possible to avoid accidents, but are not a guarantor for passengers' safety. In the event of passenger injury, the carrier remains liable for damages for those injuries if negligence on the part of the provider is proved.

There are some exceptions to negligence liability. The carrier may not be held responsible for compensation in certain situations so it is very important the you seek the advice of an experienced personal injury attorney immediately.

Common reasons for these type of accident cases include the following:

· Failure of the common carrier to follow proper safety practices. Federal and state laws set out safety protocols. Federal administrators, such as the Federal Transit Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration and Federal Railroad Administration, enforce regulations and investigate all serious accidents.

· Failure to properly maintain transportation units. Common carriers have a duty to regularly service, inspect, repair and maintain their equipment. For instance, if brake failure on a bus causes an accident, the common carrier is responsible for injuries and losses.

· Driver or crew error. Operators of common carriers are subject to the same high degree of care as the common carrier itself. An error by a common carrier employee is also the responsibility of his or her employer, the common carrier. The majority of common carrier accidents are due to operator error.

Common carriers are responsible for a passenger from the time he or she is accepted as a passenger (i.e. check-in at an airlines ticket booth). This responsibility continues throughout travel until the carrier has delivered the passenger to a safe place at his or her appointed destination.

These types of personal injury accidents are often catastrophic. Passengers sustain severe injuries or, unfortunately, do not survive. This holds true particularly in airplane crashes or train accidents. Airplane accidents can occur on take-off, landing, in a mid-air collision with another aircraft or due to air turbulence. Train accidents can range from collision with a vehicle at a crossing to derailment or collision with another train.

If you have sustained injury or lost a loved one in a transportation accident, it is important to speak to an experienced common carrier accident attorney as soon as possible. Transportation accident claims are complex because of the number of parties involved. Lawsuits must be filed within a specific time after the accident or they will not be permitted. If any of the parties are government agencies, the time limit can be very short which is why you need to speak with a personal injury lawyer at the earliest possible moment.

Types of Law

Every citizen ought to know the Law of the Land. There is no excuse for not knowing the law. It will not help a person defend him or herself in a legal crisis. Ignorance can never be explained away.

Even when you have not acted against the law, you might need to know the law in order to protect yourself from people who might violate the law. To know ones rights and privileges is not only beneficial, it is absolutely essential. You will never know when the information you have at your disposal might come in handy. Having it ready before any crisis strikes will help you take immensely wiser and more informed decisions which you will not regret later. Just as there are varied disciplines in the field of medicine, there is a wide range of divisions when it comes to law. For instance, everyone knows that you don't visit a general physician for a severe heart ailment. You want to consult a heart specialist in this case. Likewise, for every particular type of law, there are specific attorneys who specialize in that particular field. It really helps to search and identify the suitable attorney for your particular case, instead of heading to the nearest or most familiar attorney for every case.

This article briefly lists the types of law:

Admiralty Law

The Admiralty Law is also known as Maritime Law and governs all U.S. All countries have maritime laws and they are responsible for their vessels regardless of which ocean they are sailing in. Admiralty Law Attorneys represent cases of all matters concerning cargo disputes, oil pollution, fishing regulations, international trade, cargo and injury that takes place on docks and vessels. Admiralty Law Attorneys also offer advice on trade laws, legal matters concerning environmental groups and the protection of endangered species. Admiralty Law also covers freight and passenger liabilities.

Aviation Law

Laws have been instituted by state and federal governments to enhance safety in air traffic. Aviation Laws in the United States govern aircraft operations and the maintenance of aircraft facilities.

Bankruptcy Law

When an individual or a company files for relief of debt, it is termed as Bankruptcy. In the United States, there are specific courts that handle bankruptcy rulings and specialty attorneys who handle these cases. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts.

Civil Rights

A Civil Rights Attorney has the responsibility of defending the rights and privileges granted to all United States citizens. These include freedom from slavery, freedom to vote, freedom of assembly, freedom of the press, freedom of speech and the right to be treated fairly in public places.

Consumer Rights

The Attorney General of a particular state houses the division of Consumer protection and its team of consumer fraud attorneys. Complaints about misleading advertising or business practices that are unlawful can be filed and that division investigates and mediates on behalf of the consumer.

Corporate Law

A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to disseminate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.

Criminal Law

A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state. There is, however, a Model Penal Code which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

Employment Law Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions.

Immigration Law Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship.

There are still a lot more laws than can be reviewed here.

Maine DUI Attorney

Maine OUI Law

In the state of Maine, being under the influence refers to a person's mental and physical abilities being impaired to even a miniscule degree after consuming alcoholic beverages. Some of the evidence that is admissible in this type of case is the fact the driver refused chemical testing or that the person took a chemical test and exceed the maximum legal limit for blood alcohol concentration levels. An OUI arrest in Maine creates two separate cases for the offender. There is a criminal case where the offender faces criminal charges and the penalties associated with those charges. The second case an offender faces in Maine is the administrative case, where the person faces suspension of their driver's license by the Bureau of Motor Vehicles. When someone is arrested for driving under the influence in Maine, the notice of suspension from the Bureau of Motor Vehicles usually arrives two to three weeks after the day that they are arrested. Because these two cases both require significant knowledge of the complex DUI laws, it is important that you contact a Maine DUI lawyer who can represent you in court and at your administrative hearing.

Criminal Penalties for Maine DUI

If an offender has no prior DUI convictions in any state within a ten year look-back period, the newest offense will be considered a first offense. Without any aggravating circumstances, a first OUI offense in Maine carries a minimum penalty of a mandatory 90 day license suspension and a $500 fine. There is no hardship license available for offenders within the first 60 days of the suspension. Penalties can be up to 364 days in jail, $2000 in fines, one year of probation, and a 90 day driver's license suspension. Aggravating circumstances such as a having a BAC above .15% or driving 30 miles per hour or more about the speed limit while committing a DUI offense makes the minimum mandatory jail sentence 48 hours. For refusal to submit to chemical testing, the mandatory minimum sentence is 96 hours in jail with a $600 fine and a 90 day driver's license suspension. The minimum suspension is one year for any driver under the age of 21 who has committed a DUI offense in Maine. All fines have substantial penalty assessments that significantly increase the amount that must be paid. Some judges routinely exceed these minimum sentences.

A second Maine DUI offense results in a 7 day mandatory minimum sentence for DUI and a 12 day mandatory minimum sentence for refusing to submit to chemical testing. The fines are $700 for driving under the influence and $900 for refusal to submit to chemical testing. The driver's license penalty is an 18-month license suspension with no hardship license available. For someone under the age of 21, the minimum suspension period is two years in length. During this suspension, the offender may not be able to register a vehicle. Some judges also order drug and alcohol treatment if they feel it is necessary in a particular case.

The penalties for a third offense are a mandatory minimum sentence of 30 days for DUI and a 40 day sentence for a refusal to submit to chemical testing. The fines are $1,100 for driving under the influence and $1,400 for refusing to submit to chemical testing. The driver's license punishment is a four-year license suspension without the possibility of getting a hardship licensee. Alcohol and drug treatment can also be ordered if the judge feels it is warranted. The maximum sentence for driving under the influence in Maine is five years in jail, a $5,000 fine, a four-year driver's license suspension and two years of probation that may be supervised by the court.

A fourth or subsequent offense has a mandatory minimum sentence of six months in jail for driving under the influence and a penalty of 6 months and 20 days in jail if there is a refusal to submit to chemical testing. The fine is $2,100 for driving under the influence and $2,500 for refusing to submit to chemical testing. The license suspension period is six years and alcohol and drug treatment can also be ordered by the judge on the case if it is warranted. The maximum sentence for driving under the influence in Maine is five years of jail time, a fine of $5,000, six years of license suspension, and a probation period of two years.

Someone who drives under the influence of alcohol and causes a serious bodily injury or death to another human being or has either a prior conviction for a felony OUI or OUI homicide faces charges of a strict liability felony. The minimum sentence for this offense is 6 months in jail, $2,100 in fines for driving under the influence and $2,500 for refusing to submit to chemical testing, and a 6 year license suspension period. If the offender had a passenger under the age of 21 in the vehicle while committing the OUI offense, there is an additional 275 day suspension added as a penalty in addition to the minimum jail time, financial penalties, and license suspension above. Because these penalties are so serious, hiring a Maine DUI attorney will be the most important thing you do before facing criminal proceedings.

Administrative DUI Penalties in Maine

The Bureau of Motor Vehicles is the state agency that can suspend your driving privileges for operating a vehicle under the influence. Your license can be suspended even if you win your criminal OUI case. Refusal to submit to chemical testing can result in a license suspension period of up to 6 years with the first refusal resulting in a 275 day suspension of the driver's license. The Secretary of States imposes suspension penalties on DUI offenders in accordance with the suspension periods outlined in the criminal laws. These suspensions run at the same time as suspensions ordered by the court as a part of the criminal penalties imposed. Losing your driving privileges and having a criminal record can tarnish your reputation and make it impossible for you to live a normal life. Contact a Maine DUI lawyer to find out how you can put together a solid case and defend yourself against OUI charges.