Vehicles used and operated to provide services to the public are considered common carriers. Trains and taxis are examples of common carriers, which offer its services to the public by transporting them or their goods from one place to another. In order to operate, common carriers must first obtain a license from the state and adhere to regulations and policies imposed by law.
All vehicles are expected by the state to exercise care and caution while on the road. But unlike personal vehicles which are only required to observe ordinary diligence while in transit, common carriers are obliged by the state to observe extraordinary diligence or utmost degree of care and diligence while transporting their passengers and goods. Naturally, they must employ higher degree of care because their duty involves public policy.
Furthermore, when ordinary vehicles get involve on road accidents, the parties must first prove the negligence of the other party, or their non-participation thereto. On the other hand, common carriers are presumed by law to have acted negligently whenever they take part therein. The reason for this presumption is the so-called Contract of Carriage. Whenever a passenger or a shipper agrees to avail the services of a common carrier, there creates a special contract between them, which obligates the latter to transport the goods and passenger safely from one point to the other.
But this presumption is subject to the following exceptions:
1. Fortuitous causes or acts which are inevitable and outside the control of the parties
2. Acts of Public Enemies
3. Acts of the Passenger
4. Defective goods
In addition, Common Carrier operators are required by State Law to possess professional driver’s licenses in order to ensure the safety of the goods and the passengers. Yet, a large number of operators still do not observe proper traffic rules and regulations.
Being a major urban center, Taxicabs are common carriers being used in Los Angeles, California today. Because the city has a large number of inhabitants, L.A. streets are swamped with taxis and other vehicles.
However, due to the city’s large population, heavy traffic and road conditions, accidents caused by taxicabs are highly probable.
Whenever an accident occurs, especially if it involves a taxi or common carrier, it is important to discuss it with a Taxi Accident Lawyer. An attorney who handles Taxi Accidents would be able to help you determine which party to the accident is at fault and who to collect damages from.
Depending on the circumstances of the case, it may be one, some or all of the following:
1. The Common Carrier Owners – are presumed liable because they are expected to exercise extra-ordinary diligence in choosing their employees and in maintaining their carriers. However, they may present evidence to the contrary.
2. The Common Carrier Operators – are presumed liable because under the Contract of Carriage, they must transport the goods and passengers to their place of destination safely and unharmed. They may also present evidence in their favor.
3. The Passenger – may be liable if his action or omission is the proximate cause of the accident. His negligence may be total or contributory.
4. The Shipper – may be liable if due to his action or omission, the goods are damaged while being transported by the common carrier. His negligence may be total or contributory.
5. The Pedestrian – may be liable if due to his disregard of pedestrian rules, the taxi got involved in an accident. His negligence may be total or contributory.
6. The other vehicle – may be liable if it can be shown that his action or omission caused the accident. His negligence may be total or contributory.
7. The City Government – may be liable for poor road conditions and unclear or missing road signs.
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