Common Carrier Liability
Understanding heightened duty of care for bus companies.
What is a Common Carrier?
A common carrier is a business that transports passengers for hire and offers services to the general public. Buses, airlines, trains, and taxis are common carriers. They owe passengers the highest duty of care under the law.
Heightened Duty of Care
Unlike regular drivers who must use "reasonable care," common carriers must use the "highest degree of care" for passenger safety. This higher standard makes it easier to prove negligence in bus accident cases.
Government Immunity
City and public transit buses are operated by government agencies, which have special legal protections:
Tort Claim Notice: You may have only 30-180 days to file a notice of claim before suing.
Damage Caps: Some states limit how much you can recover from government entities.
Special Procedures: Claims against government may require specific forms and procedures.
Why This Matters for Your Case
The common carrier doctrine often works in plaintiffs' favor because:
- Higher standard of care makes proving negligence easier
- Bus companies carry substantial insurance ($5M+ for charter buses)
- Juries are sympathetic to injured passengers
- Multiple victims often lead to larger settlements