Originally Posted On: https://walkertexaslawyer.com/what-is-a-common-carrier-under-texas-law/

What Is A Common Carrier Under Texas Law?

Navigating the highways, railroads, and skies, common carriers play a crucial role in Texas’s economy and the daily lives of its citizens. However, with this essential service comes a set of legal obligations and responsibilities under Texas law. Understanding the definition and duty of care associated with common carriers is vital for the entities operating these services and the individuals utilizing them.

The Legal Definition

In the eyes of the Texas Supreme Court, common carriers encompass individuals or organizations engaged in transporting passengers and cargo, offering their services for a fee to the populace at large. This conceptualization was upheld in the 2020 ruling of VIA Metropolitan Transit v. Curtis Meck by the Texas Supreme Court. Essentially, a common carrier refers to any driver on hire who renders transportation services to the public. Owing to their professional status as drivers, they are bound by a stringent standard of care in their driving duties.

The Spectrum of Common Carriers

While the term “common carrier” might conjure images of passenger buses or commercial airlines, it applies to a broader array of services. In Texas, this includes:

• Public Transportation Services: City buses, metros, and other mass transit systems serving urban and suburban areas.
• Commercial Airlines and Charter Services: For both passenger and cargo services.
• Rail Services: Including commuter trains and long-haul freight train operations.
• Taxi Services and Rideshare Companies: Such as Uber and Lyft, have become integral to modern urban transportation networks.
• Freight and Cargo Transport Services: This category covers companies that offer shipping and delivery services over land, air, or water.

Examples of Entities Typically Excluded from Common Carrier Classification

Here are some examples of entities that generally do not fall under the common carrier category:

• Private Passenger Vehicles
• Private Pleasure Boats
• Truck Drivers Employed Solely by One Company
• Military Vehicles
• Private Planes Not Available for Hire

Duties and Responsibilities

The “duty of care” they owe to their patrons and the public sets common carriers apart in the legal landscape. This heightened duty mandates that common carriers exercise the utmost diligence and care in transporting passengers or goods. The rationale behind this elevated duty is the public’s trust and reliance on these services for safe transit.

In practical terms, this means common carriers must ensure:

• Vehicle Maintenance: Ensuring all transportation modes are in safe operational condition.
• Safety Measures: Following safety protocols to protect passengers and goods.
• Proper Training: Providing comprehensive training for operators and staff to efficiently handle routine operations and emergencies.

Legal Implications

When discussing the legal implications of the “High Degree of Care” versus “Ordinary Care,” it’s important to understand how these standards impact negligence claims in court.

High Degree of Care

For common carriers, the law imposes a heightened responsibility known as a “High Degree of Care.” This increased standard is due to the professional status of common carriers and their public offering to transport goods or passengers for compensation. In legal terms, common carriers must engage in safety measures and conduct that surpass those expected of an average, non-professional individual.

In a lawsuit alleging negligence by a common carrier, such as a bus company or taxi service, instructions given to a jury would specify this elevated standard. These instructions compel the jury to consider whether the common carrier acted with the extreme caution one would expect from a consummate professional in similar circumstances. The criterion for judgment here is markedly strict; it requires nearly impeccable conduct in terms of safety and adherence to industry best practices.

Ordinary Care

In contrast, “Ordinary Care” is the standard for private individuals. Suppose a lawsuit accuses a private citizen of negligence. In that case, the court will assess whether that individual failed to act with the level of care a reasonable person would exhibit under analogous conditions. This benchmark relies on a more generalized notion of behavior and does not demand professional-level precautionary measures. It is more lenient, reflecting our expectations for the average person rather than a professional who makes a living driving.

Implications For Common Carriers

The differentiation between these two standards is crucial regarding legal accountability. For common carriers, the margin for error is far narrower. In the event of an accident or injury, evaluating a common carrier’s conduct will scrutinize whether they met the loftier requirements of their professional role. A simple lapse deemed acceptable in a private individual could be grounds for negligence if it involves a common carrier.

It’s also significant in determining compensatory damages. Since common carriers are held to a higher standard, the implication is that a breach of this duty of care can result in more severe consequences in terms of financial liability.

For plaintiffs, proving negligence against a common carrier requires demonstrating that the service provider did not live up to the high expectations of their professional capacity. It underscores the importance of maintaining rigorous safety protocols. As well as, constant vigilance for common carriers to mitigate risks and ensure compliance with the high degree of care legally expected.

If You Have Questions, Call Walker Texas Lawyer

If you find yourself involved in a situation with a common carrier and believe there has been a lapse in their duty of care, it’s important to seek legal advice immediately. Understanding and navigating the intricacies of such cases requires professional expertise to ensure that your rights are protected and that you get the justice or compensation you deserve.

Should you need assistance or legal representation due to an incident with a common carrier, do not hesitate to contact a specialized attorney with experience in this field. In Texas, Walker Texas Lawyer is a resource for those affected by the actions of common carriers. James Walker, is an experienced Houston Personal Injury Attorney known for these types of cases.

Remember, common carriers have a legal obligation to provide the highest level of safety to their passengers and to the public at large. If your experience suggests this standard has not been met, seeking knowledgeable legal counsel is a critical next step.

Call Walker Texas Lawyer for legal assistance to discuss your case and explore your options. Understanding your rights is the first step toward ensuring that common carriers uphold the trust and safety standards expected by their passengers and the communities they serve.