Setareh Law
November 6, 2024
Commercial transport is a big industry throughout California. Whether you are using transportation options, such as a rideshare or bus, or relying on the services of a shipping company to receive a package, you encounter common carriers often. A bus company is responsible for ensuring the safety of passengers and other road users, including pedestrians and cyclists. In California, common carriers have a standard they must abide by when traveling on roads and providing services to customers. The failure to uphold this standard, such as when causing a motor vehicle accident, can give rise to legal claims and action.
If you are in an accident involving a common carrier in California, you may be unsure how this law can affect your claim and rights to compensation. It’s important to contact a personal injury attorney as soon as possible for help with your case. Common carrier cases are often complex, and you could have a right to pursue damages against multiple liable parties. An attorney can offer advice and guidance to prepare a claim and build your case for the best possible outcome.
What Is California’s Common Carrier Law?
California’s common carrier statute specifically indicates that a common carrier must provide the utmost care when transporting people. A transportation company, including buses, taxis, and planes, falls under this category. The standard required and expected by a common carrier is well above the amount of reasonable care expected in typical motor vehicle accidents between everyday drivers. The common carrier law applies not only to passengers that the carrier is transporting, but it may also apply to others ultimately affected by the carrier’s negligent actions, resulting in injuries or damages.
The duty of a common carrier requires:
- That they use the very highest care and vigilance when carrying out their role
- That they must do everything they can using vigilance and foresight to prevent harm to passengers
- That the carrier must use their reasonable skill to provide whatever is necessary for the safe transportation of their passengers within the parameters of the practical operation of the business
Deciphering the language of the common carrier statute is complex. When you are a victim in a common carrier accident, an attorney can provide helpful insight into how your accident and injuries fall within the statute and what your rights to compensation may be.
Who Is Considered a Common Carrier?
The definition of a common carrier includes any entity or person transporting goods or people for reward or payment. Examples of parties considered a common carrier under California law include:
- Shipping companies
- Rideshare services
- Bus transportation
- Air transportation
- Cruise ships
- Ferries
- Taxis
- Trains
The fact that the party involved in the accident causing your injuries is a common carrier does not mean they are automatically liable for your losses. As a victim, you still have the burden under the law to prove your case and prove the at-fault party behaved negligently. However, when the party is a common carrier, they are held to a higher standard, making it easier in some circumstances for a victim to prove the carrier’s behavior breached the duty of the care owed to you. An insurance company will assess claims based on the evidence provided, and understanding their role is crucial for a successful personal injury case.
What Are Common Examples of Negligence in Common Carrier Cases?
Many circumstances and events may cause injuries to a victim due to a carrier’s breach of the utmost care owed to their passengers. However, there are exceptions to liability, such as when an accident occurred due to factors beyond the carrier’s control. Some common examples of this type of negligence include:
- Reckless operation of the vehicle or vessel involved in the accident by a driver
- Failure to properly inspect or maintain vehicles used for transport
- Negligent hiring practices of drivers and operators
- Failure to provide safety equipment or safety restraints when appropriate
- Failure to warn passengers of potential hazards or dangers
A common carrier accident lawyer can evaluate the evidence in your case to identify whether negligence is likely present and if you may have a valid claim.
Liability and Damages in Common Carrier Accidents
In California, common carriers are held to a higher standard of care when it comes to the safety of their passengers. This elevated duty means that if a common carrier is found liable for an accident, they may be responsible for a range of damages, including medical expenses, lost wages, and pain and suffering. The extent of these damages will depend on the specific circumstances of the accident and the severity of the injuries sustained.
Under California law, common carriers must exercise the utmost care and diligence to ensure the safe transportation of their passengers. This involves taking all reasonable steps to prevent accidents and protect passengers from harm. When a common carrier fails to meet this stringent standard, they can be held liable for any resulting damages.
In addition to covering medical expenses and lost wages, common carriers may also be responsible for compensating victims for pain and suffering, emotional distress, and loss of enjoyment of life. The goal of seeking compensation in a personal injury claim is to ensure that victims receive fair and adequate compensation for their injuries and losses.
Impact on Personal Injury Claims
California’s common carrier law can significantly impact personal injury claims. If a common carrier is found liable for an accident, the victim may be entitled to seek compensation for their injuries. This compensation can cover a variety of damages, including medical expenses, lost wages, and pain and suffering.
To succeed in a personal injury claim against a common carrier, the victim must prove that the carrier was negligent. This can be a complex and challenging process, often requiring the expertise of an experienced personal injury attorney who understands California law and the common carrier statute.
The common carrier law is designed to protect passengers’ rights and ensure they receive fair and adequate compensation for their injuries. If you or a loved one has been injured in an accident involving a common carrier, it is crucial to seek the advice of an experienced personal injury attorney. They can help you navigate the complexities of the law and work towards securing the compensation you deserve.
Investigations and Evidence in Common Carrier Cases
Investigations and evidence are critical components of any personal injury claim, especially those involving common carriers. To succeed in a claim, the victim must prove that the common carrier was negligent and that this negligence resulted in their injuries.
Several types of evidence can be crucial in a common carrier case, including:
- Detailed medical records: These documents help establish the extent of the victim’s injuries and the medical treatment they received.
- Witness statements: Witnesses can provide valuable information about the accident and the events leading up to it.
- Accident reports: These reports offer important details about the accident, including its cause and the parties involved.
- Video and photographic evidence: Visual evidence can help establish the circumstances of the accident and the extent of the damage.
In addition to gathering evidence, conducting a thorough investigation of the accident is essential. This may involve working with experts such as accident reconstruction specialists and medical professionals to determine the cause of the accident and the extent of the victim’s injuries.
By gathering comprehensive evidence and conducting a detailed investigation, it is possible to build a strong case against a common carrier. This approach helps ensure that the victim receives fair and adequate compensation for their injuries and losses.
Contact Setareh Law and Our California Car Accident Lawyers Today
A common carrier accident can have devastating impacts on your life, causing serious injuries and impacting your ability to work and enjoy your daily routine. However, you do not need to go through this challenging time on your own. Filing a claim for your losses is something you should do with the help of an experienced, knowledgeable, and qualified common carrier lawyer.
At Setareh Law, we understand the intricacies of a common carrier accident and how to protect the rights of victims. To discuss your rights to file a claim and the compensation that may be available in your case, contact us at (310) 659-1826 or on our contact form. We also speak Spanish.
