When a Common Carrier is Legally at Fault

A common carrier is any association or corporation engaged in the business of carrying or transporting passengers or goods or both, offering their services to the general public for compensation. However, because of the public nature of a common carrier’s business, it must be able to prove to the regulator that is it "fit, willing and able" to provide services before it is granted the authority to operate.

Reasons why Common Carrier is not at Fault

All common carriers have the duty to exercise utmost care and extraordinary diligence in any contract of carriage. A common carrier is held absolutely liable for any damage to good or injury or death to a passenger. There are however, four exceptions to the liability of a common carrier:

An act of nature
An act of the public enemies
Fault or fraud by the shipper
An inherent defect in the goods

Types of Common Carriers

While airlines, bus lines, train stations, cruise ships, taxicabs are the more popularly known examples of common carriers, an amusement park with rides as well freight companies can also be considered as common carriers.

Under California Law, everyone who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever it offers to carry.

It is important to distinguish between a common carrier and a private carrier especially if you are a passenger and you happened to get involved in an accident while riding a common carrier. Determining the liability will rest on whether or not the carrier is for public service or not as common carriers are required to exercise extraordinary care and diligence.

Private vs Public Common Carriers: Business & Public Services

The California Book of Standard Civil Jury Instructions has set forth the test to determine whether or not the carrier is a common carrier or a private carrier. The presence of the following factors would indicate that the carrier is a common carrier:

The carrier maintains a regular place of business for the purpose of transporting passengers or property.
The carrier advertises its services to the general public.
The carrier charges standard fees for its services.

However, take note that a carrier can still be considered a common carrier even if it does not have a regular schedule of departure, a fixed route, or a transportation license. Examples are freight trucks, taxicabs and pedicabs. Common carriers have the duty to carry their passengers or property safely. But because common carriers are not insurers, they may avoid liability for accidents when it is proved that all reasonable skill and diligence have been used.

However, complainants against the common carrier may always raise contentions such as poorly maintained and operated carriage systems, the negligence of the operator and even the training and conduct of the crew.

From the author: Truck Vehicle Accident Claim

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