SEPTA Drivers Held Liable When Not Using Highest Degree of Diligence
JENKINTOWN PERSONAL INJURY ATTORNEYS
As The Bus Accident Lawyer, I often receive calls from potential clients who are injured right after they board a SEPTA bus. The same set of facts is explained to me. The injured SEPTA rider says, ” I got on the bus, paid my fare and before I could even find a seat, the SEPTA bus driver had taken off and hit his brakes causing me to go flying”.
SEPTA is considered a common carrier and as such is required by Pennsyvlania Law to use the highest degree of diligence and car in the operation of its vehilce for the safety of its passengers. This duty is higher than that ordinarily imposed on others. Therefore, while SEPTA defends its actions under the Jerk and Jolt Doctrine, which I previously wrote about, our lawyers use the “Duty of Care of a Common Carrier” argument to obtain recoveries for our clients.
In the case of the Elderly Woman who was injured on a SEPTA bus under the above noted scenario, SEPTA may have even a greater duty to assure its passenger’s safety. Pennsylvania Jury Instruction 3.04 states “When a common carrier (SEPTA) has knowledge or notice that its passenger is affected by physical or mental disability that may increase the passenger’s travel difficulties, this is a circumstance that you MUST consider in determining whether the carrier (SEPTA) has used the highest degree of diligence and care required of it.”
So, for the elderly or disabled, SEPTA may be responsible for the lack of care they provide to you.
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