California Public Transportation Accidents on the Rise
When a passenger is hurt while using public transportation, the public transportation provider may be held legally responsible for the passenger's injuries. Under the law, public transportation providers like city and state-operated trains, buses and light rail systems, are referred to as "common carriers."
Common Carriers Owe a Higher Duty of Care
In general, common carriers refer to those who are in the business of transporting property or people for the general public. Types of common carriers include:- City buses
- Airlines
- Taxis
- Elevators, escalators and moving walkways
- Ski lifts
Civ. Code 2103 states:
A Carrier of persons for reward must give passengers all such accommodations as are usual and reasonable, and must treat them with civility and give them a reasonable degree of attention.
Likewise, under Civ. Code 2103, equipment must also be safe and fit for its intended purpose.
Under California law, common carriers are held to a higher standard of care than other transportation services or even other drivers. Civil Code 2100 states that common carriers "must use the utmost care and diligence for [passengers'] safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill."
As part of this heightened standard of care, common carriers owe many duties to their passengers, including:
- The duty to safely transport passengers to their destinations
- The duty to provide a safe place for passengers to enter and exit the vehicle
- The duty to take reasonable steps to protect passengers from harm, including harm by other passengers
- The duty to provide safe vehicles and maintain the safety of those vehicles
- The duty to hire qualified employees and properly train those employees
When a common carrier fails to uphold its duties to its passengers are injured as a result, the common carrier can be held legally liable for these injuries.
Common Carrier Accidents
Despite these higher standards, there are still an alarming number of accidents involving common carriers not just in California, but across the country. Why do these accidents occur?Common carrier accidents may happen for many different reasons, including:
- Poor driver training
- Inadequate discipline of reckless drivers
- Driver fatigue
- Improperly maintained and decaying equipment
- Improperly maintained infrastructure
Common carriers are responsible for the actions of their employees. Under the law, employees are agents of the common carrier and the business may be held liable for the negligence of its agents. Common carriers are required to properly train their employees and supervise their work. This includes properly disciplining or terminating drivers and operators who do not perform their work responsibly.
Common carriers also have a duty to maintain the safety of their equipment and vehicles. This means regularly inspecting the vehicles, performing routine maintenance and making necessary repairs. The equipment also must be up to current safety standards. Common carriers are liable when a known defect or a defect they should have known about results in injury to passengers.
