Just last April 2009 in California, five people died and dozens more were injured when an Orion Pacific bus crashed and overturned on an overpass. Four passengers were ejected from the vehicle, most of whom are French tourists. Bus accidents, while not as frequent as car accidents can be just as fatal. The legal consequences of bus accidents however, are more intricate as there may be several parties involved since buses are classified as a common carrier.
Bus Accident Injuries and Common Carrier Laws
A common carrier is a business that transports people, goods, or services and offers its services to the general public. In order to be given the license or authority to operate, it must prove to the appropriate regulatory body that it is fit, willing and able.
What is a Common Carrier?
Examples of common carriers are public airlines, cruise ships, freight trucks, railroads, taxi cab companies and yes, bus lines. In case a common carrier, like a bus, gets into an accident, it is held to be absolutely liable for the damages incurred by the goods or passengers it transports. There are however, four exceptions to this general rule of absolute liability of a common carrier and these are:
- An act of nature
- An act of the public enemies
- Fault or fraud by the shipper
- An inherent defect in the goods
Thus, if you were involved in a bus accident in California, here are some of the applications of the California Common Carrier Law:
Care and Safety Requirements of Common Carriers
Common carriers must carry passengers or property safely. Common carriers must use the highest care and the vigilance of a very cautious person.
When Carrying Passengers
A common carrier owes the highest care and vigilance to persons only while they are passengers. To prove the liability of the common carrier in a bus accident the complainant must: Have intended to become a passenger; was accepted as a passenger by the bus and that the victim was placed under the control of the defendant. The law also provides that a person continues to be a passenger until he/she safely leaves the vehicle.
Vehicle Maintenance and Safety
Common carriers have the duty to provide safe and fit vehicles which will not cause injury accidents. Since there are commonly used for mass transportation, operators and companies of buses and other common carriers must use the highest degree of care in constructing, servicing, inspecting, and maintaining their vehicles and equipment for transporting passengers or property. It will be held responsible for a defect in its vehicles and equipment.
Drivers and Operators Must be Well Trained and Professional
Employees must meet the heightened duty of common carriers. Its drivers must be skilled and qualified to operate such vehicles. Even if it was the driver’s error which caused the accident, common carriers will be liable for the conduct of the operator which may fall below the standard of care required of a common carrier.
However, just as a duty of care is imposed on common carriers, the same responsibility is also required from passengers. While passengers have the right to act without anticipating negligence of the carrier, they must also use reasonable care for their own safety to prevent severe head injuries or other types of personal injury damages.
