Common Carrier Liability in California

What is a Common Carrier?

A common carrier is an individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A typical example is Uber or Lyft services. 

What are the Responsibilities of Common Carriers?

A common carrier must exercise the utmost care and be careful so as to protect their passengers on board. Additionally, the driver of Uber/Lyft ride is responsible to warn fellow passengers should there be any potentially dangerous condition they know of that may harm the passengers on board. For example, an Uber driver should warn their passenger if one of the seatbelts in the car is not properly working so that the passenger may use another seatbelt instead. 

What Are Some Examples of Common Carrier Responsibilities?

Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of responsibilities include: 

• Treating passengers with civility.
• Providing a safe vehicle that is suitable for the assigned duties.
• Warning passengers of known dangers that exist in the type of vehicle they are operating.
• Giving passengers proper accommodations including a place for the disabled or elderly to sit.
• Driving in a safe manner.
• Screening and ensuring proper training for their employees.

Can a Common Carrier be Held Liable for the Passenger’s Injuries?

A common carrier can hold responsibility for injuries a passenger sustains. The idea here is that when an individual becomes a passenger in an Uber or Lyft, the passenger is essentially putting themselves under the Uber or Lyft driver’s control. Thus, the driver of Uber or Lyft has a special duty of care towards the passengers that board Uber or Lyft. Typically, proving negligence of a common carrier means showing that the Uber or Lyft driver violated the law or by showing that the driver failed to act reasonably in using care and diligence expected of a cautious Uber or Lyft driver.

How to Prove Common Carrier Negligence?

To establish common carrier liability, the injured party must prove these key elements:

• Existence of a duty of care: the carrier has a duty to ensure the safety of the passenger
• Breach of that duty: the carrier failed to exercise due care
• Causation: the actions of the carrier directly caused the injury
• Actual damages: the passenger suffered actual physical, emotional, or financial harm

For example, if an Uber driver ran a red light and caused an accident, this could be direct evidence of a breach of the duty of care.

When is a Transportation Company not Liable?

There are times, however, when a common carrier may not be liable. For example:

• Force majeure: if the injury was caused by an unforeseen natural disaster
• Third party conduct: if the injury was caused by a third party
• Passenger’s fault: if the passenger’s own conduct was negligent

However, even if the passenger is partially at fault, California has a comparative negligence rule. This means that the court may apportion some of the fault between the parties.

What are The Damages in Common Carrier Cases?

Passengers injured as a result of a common carrier’s negligence may be able to recover for:

• Medical expenses
• Lost income due to injury
• Emotional suffering
• Lost earning capacity
• Pain and suffering

In some cases, punitive damages may be available if it can be shown that the transportation company intentionally disregarded safety.

Liability of Uber and Lyft as Businesses

These companies may be held liable in certain situations. For example:

• If Uber hired a driver without proper background checks
• If Uber failed to suspend a driver after complaints of aggression
• If the company’s app malfunctioned, causing a dangerous situation on the road

As you can see, Uber and Lyft are not only required to vet their drivers, but also to ensure that their services are functioning properly. Failure to comply with these requirements could result in legal liability for the companies, in addition to the drivers themselves.

Lawsuits and Limitations

It is important to remember that California has strict statutes of limitations for personal injury lawsuits:

• 2 years from the date of the accident to file a personal injury lawsuit
• 6 months if the defendant is a government transportation agency

Failure to seek legal counsel in a timely manner may result in the loss of your right to compensation. That is why it is important to contact an experienced attorney immediately after the incident.

Uber/Lyft Accident Attorneys

If you or someone you know has been injured in an Uber or Lyft ride, contact our Los Angeles UBER accident lawyer at (310) 943-1171. Our attorneys can provide you with any sort of legal assistance you require.

Get Legal Help from KAASS LAW

If you have been injured while riding with Uber, Lyft, or another transportation company, seek help immediately. The attorneys at KAASS LAW are experienced in transportation negligence cases and are ready to stand up for your rights. We can help you get fair compensation and guide you through every step of the legal process.