Duty of Common Carrier in California

California, a state synonymous with movement and progress, relies heavily on its intricate network of public transportation. From the iconic cable cars of San Francisco to the sprawling Metrolink system connecting Southern California, millions of people depend on common carriers to navigate their daily lives. We entrust these carriers with our safety, expecting a smooth and secure journey whether we’re commuting to work, exploring a new city, or traveling across the state. But what happens when that trust is broken? What legal responsibilities do these common carriers bear, and what recourse do passengers have when negligence leads to injury?

At KAASSS LAW, we understand the complexities surrounding common carrier law, and we’re here to shed light on this crucial aspect of personal injury and transportation law, ensuring you understand your rights and the protections afforded to you as a passenger in California. Navigating the aftermath of an accident involving a common carrier can be daunting, but with the right legal guidance, you can pursue justice and secure the compensation you deserve.

Defining the Common Carrier:

According to California Civil Code Section 2168, a common carrier is everyone who offers the public to carry persons, property, or messages, excepting only telegraphic messages. Typically, a common carrier is transportation company that has a contract to transport property, people, and goods across or around within state lines as public services. A common carrier is any entity that holds itself out to the public as willing to transport passengers or property from one place to another for compensation. This definition encompasses a wide range of businesses, including:

• Public transportation: Buses, trains (including light rail and subways), ferries, and airplanes.
• Transportation services: Taxi companies, ride-sharing services (though their classification is complex and evolving), and shuttle services.
• Freight companies: Trucking companies, railroads, and airlines that transport goods.

The key element distinguishing a common carrier from a private carrier is the public offering. A private carrier, like a company that only transports its own goods or employees, does not fall under the same legal obligations as a common carrier.

Examples of Common Carriers in California:

• Railways
• Buses
• Streetcars or Cable Cars
• Taxicabs
• Elevators Escalators
• Airlines
• Ski resort chair lifts
• Cruise ships

Elements Plaintiff Must Establish Under a Negligence Cause of Action

Here are the elements which the plaintiff must establish under a negligence cause of action:

• Defendant owed a duty of care is to the plaintiff
• Defendant breached his duty of care to the plaintiff
• Defendant was the proximate and actual cause of the plaintiff’s damages
• As a result of the defendants’ negligence plaintiff actually suffered some psychological or physical harm

Standards and Guidelines for Common Carriers in California

Common carriers in California are subject to a higher standard of care than other automobile operators. Under California Civil Code Section 2100 a common carrier “must use the utmost diligence and care and for the safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill”.

Typically, common carriers must follow the below-mentioned guidelines:

• Common carriers must provide a safe vehicle to all passengers that are fit for the duties it was hired to perform
• Common carriers must treat give the passengers a reasonable level of attention and treat them with civility
• Common carriers must warn the passengers of any dangers, protect them from the dangers, including dangers caused by other passengers
• Common carriers must carefully choose employees and provide them with adequate training
• Common carriers regularly perform maintenance on the vehicle, safety inspections and make sure all equipment is up to current safety standards

Who Can Be Liable for an Accident Involving a Common Carrier?

Here are some examples of unseen parties that can be liable for an accident involving a common carrier:

• Owner of common carrier
• Company of common carrier
• Operator of common carrier
• Manufacturer of common carrier
• Maintenance company
• State government
• Local government

Filing a Lawsuit Against a Common Carrier in California

Normally a plaintiff has two years from the date of the accident to file a personal injury cause against the common carrier.

There is a six-month deadline to file a claim for plaintiffs who have suffered injuries while on-board common carriers owed by public entities. Failure to file a claim within the six-month period will bar the injured person from recovery. In some cases, California civil courts allow exceptions for this rule:

• Physical or mental incapacitation of the victim.
• Minor status of the victim. Victim under the age of 18 has two years from the 18th birthday to file a personal injury claim.
• The injury manifested itself a later time after the accident.

Compensation for Injuries Involved With Common Carriers in California

Victims suffered from the common carrier’s negligent conduct have a right to monetary recovery for all their losses, including:

• All present and future medical expenses
• Cost of rehabilitation
• Pain and suffering
• Lost wages
• Loss or reduction of income

KAASSS LAW: Championing Passenger Safety:

At KAASSS LAW, we’re dedicated to protecting the rights of individuals injured due to the negligence of common carriers. We understand the complexities of this area of law and have a proven track record of success in representing clients in these cases. If you or a loved one has been injured while riding on a bus, train, plane, or any other form of common carrier, contact us today for a free consultation. We’re here to fight for you and help you get back on track. Don’t let negligence derail your life. Let KAASSS LAW be your guide.