Legal Fundamentals of Buses (for public transportation)
Buses for public transportation are presumed liable, thus has the heavy burden of overcoming the presumption in order to escape liability.
This issue has been ventilated in a legal blog entitled, “Bus: Presumed Liable”. The author of the blog had explained in some respects the nature, degree of proof, the duties and presumption of liability to which the law installed in buses for public transportation.
The author made the following expositions all about bus transportation:
- Nature: Common Carrier
- Duties: As a common carrier, it has the duty to observe extraordinary care and diligence over its passengers and cargoes, if there were any. This duty commences from the moment of embarkation until the passengers or cargoes have safely reached its destination.
- Presumption in case of breach: That whenever a common carrier is involved in an accident, the law provides a presumption of negligence against the carrier.
- In the same manner, the author also related in some portion of its blog the potential contribution of victims that has bearing on the liability. Contributory negligence of the victims (passengers) is one, which can mitigate claim for liability against the common carrier or even can reduce the claim to nothing. The other would be fortuitous events, which is an absolutory cause sufficient to exculpate the carrier from any liability.
All these information were the fundamentals of buses for public transportation that one must learn especially to the mass who ride buses everyday.
One thing I must say on this, that a claim for compensation for buses for public transport in cases of accidents is not that taxing, but it is neither easy. Whenever one is involved in accidents involving buses for public transport, they should be proactive in dealing with their claim pursuit for compensation, just the same as in any other legal claim they are involved in.