What Is a Common Carrier?

If you’ve ever ridden a bus, taken a taxi, gone on a flight, or taken a cruise, then you have used a common carrier. Many people don’t realize that the types of mass and public transit we use – whether by air, sea, or road – are held to a higher standard when it comes to accidents and duty of care. Common carriers are those businesses and entities that transport goods and people from one place to another in exchange for money. In some states, even amusement park rides are considered common carriers by legal definition.

If you sustained an injury in an accident involving a common carrier, you may be entitled to compensation for your injuries – though the process of proving liability will be different than cases involving private parties. Learn about your legal options following an accident with a common carrier.

Negligence Involving Common Carriers

Any entity that transports people for a fee may be a common carrier. Some examples include:

• Commercial aircraft
• Taxi service
• Buses
• Subways
• Ferries
• Cruise ships
• Carpooling services

It’s important to note that ridesharing services such as Uber and Lyft are not subject to common carrier law because of the nature of the business. However, liability involving peer-to-peer services is an evolving area of law.

Parties that are designated as common carriers have a responsibility to exercise the highest level of diligence and care regarding passengers and cargo. These common carriers have a higher standard of care compared to the average motorist, since passengers entrust them with their safety. Because they have a higher standard of care, it’s more likely that an accident may give rise to a negligence claim.

Common carriers often adhere to a higher standard of care by following special regulations. For example, commercial aircraft follow strict rules set forth by the Federal Aviation Administration. Failure to follow these regulations may be tantamount to committing negligence, which would make the carrier liable for any injuries that result. However, the exact mechanism for negligence will depend on the unique circumstances of your case.

Proving a Common Carrier Claim

Like most personal injury cases, proving that a common carrier is liable for your injuries will require showing that four essential elements apply:

• That the common carrier owed you a duty of care. This duty exists when you pay an entity for transportation.
• It breached this duty (committed negligence). The standard for negligence may differ depending on the carrier; but generally, a common carrier’s duty of care is higher than the average person’s is.
• The breach led to your injuries – in other words, you incurred injuries directly arising from the carrier’s negligence.
• You incurred injury as a result – for example, lost wages, medical bills, even a loss of life quality resulting from the accident.

Common carrier claims can be complex and require the assistance of a personal injury attorney. In some cases, they may involve claims against the government, which come with strict timelines and procedures. Be sure to talk to an attorney with specific experience in common carrier law.