Jerk and Jolt Doctrine in Philadelphia
JENKINTOWN PERSONAL INJURY ATTORNEYS
As a bus and trolley lawyer, I frequently speak to individuals injured on a SEPTA bus where the driver slams on the brakes and the client goes flying. The question I am frequently asked is “Can I recover?” The answer is a definite “maybe”.
Under Pennsylvania Law, SEPTA is afforded some protection as a common carrier under the Jerk and Jolt Doctrine. This doctrine protects SEPTA as a common carrier for normal “jerks” and “jolts” which would be expected in the operation of a bus. Therefore, in order to establish negligence against SEPTA for a sudden jerking or jolting of a bus caused by a sudden movement (i.e., braking or swerving), you must prove that the Jerking or Jolting was so unusual and extraordinary as to be beyond a reasonable passengers anticipation.
The lawyers at thebusaccidentlawyer.com are well versed with the law and what is needed to prove a case against SEPTA. Essentially, testimony will be necessary to establish the sudden stop was extraordinary. For instance, maybe the SEPTA bus was traveling at an excessive speed or the driver was not attentive to another vehicle which was so close as to cause a hazard. Testimony from witnesses is helpful but your case can be successful without other corroborating witnesses. Other injured passengers is also helpful but not determinative of whether you can be successful in your case.
If you are injured on a SEPTA bus or SEPTA trolley call attorney, Michael Mednick, at 215-545-1870 now or fill out a quick contact page.
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