In a recent Louisiana appellate opinion, the Louisiana Fourth Circuit Court of Appeal considered an issue involving an accident that occurred on a public bus. In October 2010, the plaintiff boarded a bus in New Orleans and took a seat in the priority seating area behind the bus operator. As the bus departed from the bus stop, it was traveling behind a black truck. Shortly thereafter, the black truck applied its brakes suddenly before executing a turn, and the bus operator stopped the bus quickly to prevent a collision with the truck. The plaintiff alleged that as a result of the sudden stopping, he was ejected from his seat, landing on the floor near the bus doorway. The plaintiff was then taken to the hospital, where he received medical treatment for his injuries.
Following the incident, the plaintiff filed a personal injury claim against the bus driver, the transit authority, and additional defendants associated with the incident. The bus authority admitted that the vehicles are equipped with video surveillance devices, but the authority refused to produce the tape recording of the incident. After a bench trial proceeding, which is a trial in which a judge takes the place of a jury, the court returned a verdict in favor of the plaintiff against the transit authority. The trial court concluded that the preceding phantom vehicle was 30% at fault and that the transit authority bus driver was 70% at fault and awarded nearly $700,000 in total damages (reduced by the phantom driver’s 30% fault). The plaintiff and the transit authority appealed.
On review, the transit authority alleged that the trial court improperly held it liable for the plaintiff’s damages and that it held the transit authority to the same legal standard of care as a common carrier. Instead, the transit authority alleged that the standard of general negligence should have been applied and that under this theory, the court should have concluded that the bus driver’s conduct did not fall below a reasonable standard of care. Finally, the transit authority alleged that the plaintiff did not prove that his alleged shoulder and knee injuries were caused by the accident.
In responding to these contentions, the appellate court first noted that Louisiana law does not treat a transit authority as a common carrier when it is involved in a lawsuit involving injuries. As a result, a general standard of negligence applies to its conduct, as opposed to the higher common carrier standard. This applies to any common carrier entity with which the authority contracts to provide transit services.
Next, the appellate court reviewed the factual record and concluded that there was sufficient evidence to support the trial court’s finding that the bus driver was operating the bus negligently at the time of the crash, citing testimony from two accident reconstructionists in particular. The court also found that there was sufficient evidence supporting the lower court’s determination regarding causation and the award of damages. As a result, the appellate court rejected the defendants’ arguments and affirmed the verdict in favor of the plaintiff.
If you have been involved in a motor vehicle accident, the dedicated and experienced personal injury lawyers at Dué Guidry Piedrahita Andrews L.C. are prepared to assist you with seeking the compensation that you deserve. We know just how stressful this experience can be, especially if it causes you to miss work, suffer painful injuries, or to lose a loved one. We offer a free consultation to help you learn about your legal rights and options. Call us now at 1-800-929-7481 or contact us online to get started.