When bus companies transport passengers for hire, they assume the legal status of common carriers, triggering a heightened duty of care that exceeds ordinary negligence standards. Understanding common carrier liability is essential for passengers injured in bus accidents, as this elevated duty provides a stronger foundation for injury claims.
What Is Common Carrier Status?
A common carrier is any business that transports passengers or goods for the general public in exchange for compensation. Bus companies, airlines, trains, taxis, and rideshare services all qualify as common carriers. Common carriers must exercise the highest degree of care toward passengers, not merely reasonable care under the circumstances.
This heightened duty means bus companies must do everything reasonably possible to ensure passenger safety. They cannot take risks that might be acceptable for ordinary drivers. Any lapse in this elevated standard can support a negligence claim.
The Heightened Duty of Care
Common carrier liability extends to every aspect of passenger transportation. Bus companies must hire competent, qualified drivers and verify their driving records and qualifications. They must train drivers thoroughly on safe operations. Vehicles must be maintained in safe operating condition with regular inspections and prompt repairs.
The duty of care applies from boarding through alighting. Bus companies must provide safe boarding conditions, ensure passengers are safely situated before moving, operate vehicles safely during transit, and allow passengers to exit safely at their destinations.
How Common Carrier Liability Differs from Ordinary Negligence
In ordinary negligence cases, plaintiffs must prove the defendant failed to act as a reasonable person would under similar circumstances. Common carrier liability imposes a stricter standard: the carrier must exercise the utmost care and diligence for passenger safety.
This higher standard has practical implications. Actions that might be acceptable for private drivers—such as minor speeding, quick lane changes, or hard braking—can constitute negligence when performed by bus drivers. Juries are instructed that common carriers must meet this elevated standard, making it easier to establish liability.
When Common Carrier Duty Applies
The common carrier duty applies whenever someone pays for bus transportation, whether directly or indirectly. Paying passengers on public transit, charter buses, tour buses, hotel shuttles, and airport shuttles are all owed the heightened duty of care. Employees of the bus company and stowaways typically are not covered by common carrier status.
The duty begins when passengers start boarding the bus and continues until they have safely alighted. Accidents that occur while passengers are entering or exiting the bus fall within the common carrier duty.
Exceptions and Limitations
Common carriers are not insurers of passenger safety. They are only liable for injuries caused by their negligence, not for unforeseeable events beyond their control. However, what constitutes "foreseeable" is judged by the heightened common carrier standard, meaning carriers must anticipate and guard against more hazards than ordinary vehicle operators.
Passengers also have a duty to exercise reasonable care for their own safety. Standing when seats are available, ignoring safety instructions, or creating disturbances may constitute comparative negligence that reduces recovery. However, bus companies cannot avoid liability simply by posting warning signs.
Proving Common Carrier Negligence
To establish common carrier liability, you must prove the bus company owed you a common carrier duty (established by your paying passenger status), the company breached this duty through some act or omission, the breach caused your injuries, and you suffered damages. The breach element is easier to establish under common carrier standards because the required level of care is higher.
Evidence supporting common carrier negligence claims includes accident reports, vehicle maintenance records, driver training and employment files, witness statements, surveillance video, and expert testimony on industry safety standards.
Damages Available
Injured passengers can recover all damages caused by the carrier's negligence, including medical expenses, lost wages, pain and suffering, and permanent disability. In cases involving egregious negligence or intentional misconduct, punitive damages may be available. The common carrier's insurance policy typically provides coverage for passenger injury claims.
If you were injured as a bus passenger, consult an attorney who understands common carrier liability. The heightened duty of care makes these claims stronger than ordinary negligence cases, but proper legal strategy is essential to maximize your recovery.