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Transportation Accident Laws and Liabilities

Road accidents are the most common form of accidents we watch on the news or witness in real life. But, apart from car, bus, and truck accidents, other transportation accidents also pose severe threats to lives, including maritime, aviation, and railroad accidents. Read ahead to know we will discuss the laws and regulations of such accidents.

Maritime accident laws

Also called admiralty law, the accidental maritime laws give legal issues, questions, and concerns regarding marine injuries and accidents. Depending on the type of accident, injury, and circumstances, there are different types of laws and liabilities for accidents in the water.

Maintenance and cure

When accidents or injuries occur when seamen are on duty, specific laws are applied to take care of their care and maintenance, which includes utilities like food, shelter, taxes, mortgage, etc. However, insurance and automobile expenses are not included in maintenance. Cure covers the medical bills and proof of injury due to a maritime accident until the victim recovers completely.

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The JonesAct

When an accident occurs, the victim can claim benefits under this act. The proof is on the victim, and they are much simpler than the typical personal injury laws. Loss of wages and compensation for pain and suffering are included under this act.

LHW

Seamen injured on duty while working on navigable waters can claim benefits from this act. This includes longshore workers, shipbreakers, harbor workers, etc.

Death oh High Seas act

This applies to accidents over three miles away from the shore. The family of the dead can claim the benefits from this act.

Railroad Accident Laws

The laws and liabilities of railway accidents are still conflicting in many counties. However, in most countries, when there is a railroad accident, the victim is entitled to compensation from the railway administration, despite the circumstances in which the accident occurred. However, people who are not eligible for this act include:

  • A person trying to commit suicide
  • Intoxication
  • Injury inflicted on oneself

The burden of proof to claim such benefits under the law is on the claimant, and they ought to file an affidavit mentioning the circumstances of the incident.

Aviation accident laws

These laws govern deaths due to plane crashes and accidental injuries. The rules and regulations depend on the circumstances of the crime.

Aviation accident laws

Personal claims

The family of the deceased passenger or a survivor can claim benefits by issuing a complaint against the airline, pilot, or manufacturer. It is similar to the typical product claims or personal injury law claims.

Federal Tort Claims Act

This law is applicable when accidents occur due to federal employees. It jots down a list of benefits after suing the federal government employee. These are generally issues when there are accidents due to misguided air traffic.

Federal assistance for air crash victims

Under this act, the Aviation Disaster Family Assistance demands the federal government raise compensations for plane accidents mid-air or plane crashes.

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