What Is a Common Carrier Accident?

What Qualifies As a Common Carrier?

Common carriers include a wide range of for-hire transportation services:

• Public buses and transit vehicles
  
• School buses operated by private contractors
  
• Passenger trains like Amtrak or Metra
  
• Commercial airlines
  
• Taxis and limousines
  
• Cruise ships and ferries
  
• Rideshare vehicles (in some cases)
  
• Freight and commercial trucks carrying passengers or goods
  

To qualify as a common carrier, the transportation service must be available to the public and offered for hire. Rideshare drivers may qualify depending on employment status and level of control the platform exerts over them.

The Legal Standard: Duty of the Highest Care

Unlike ordinary drivers, common carriers must exercise the highest degree of care for passengers and cargo. This legal duty includes maintaining safe vehicles, properly training employees, complying with all applicable safety laws, and warning passengers of known hazards.

If a common carrier violates this duty by ignoring mechanical issues, hiring unqualified drivers, or failing to warn about turbulence or unsafe conditions, it can be held financially responsible for resulting injuries.

Common Carrier Liability for Accidents and Injuries

When common carrier accidents occur, drivers and the companies they work for may be held liable for victims’ medical bills, lost wages, and pain and suffering. To establish liability, injury victims generally must prove:

1. The carrier owed a duty of care
   
2. The carrier breached that duty
   
3. The breach caused the accident
   
4. The victim suffered damages
   

Liability typically applies only when the carrier is “on the clock.” If an off-duty employee causes a crash, the employer may not be responsible.

Common carriers are also not responsible for unforeseeable events, like sudden weather changes or unavoidable obstacles, unless they failed to prepare or respond reasonably.

Regulatory Standards for Common Carriers

Some common carriers, such as passenger planes and trains, operate under the authority of a regulatory body that sets standards for passenger safety and other passenger concerns. By law:

Airlines must comply with FAA rules

Trains follow Federal Railroad Administration guidelines

Interstate carriers fall under the U.S. Department of Transportation

Local buses, taxicabs, and rideshares are usually governed by state law

When regulatory standards apply, failing to warn passengers about a dangerous condition can expose carriers to legal action for accidents and resulting passenger injuries. For example, if a pilot fails to warn passengers of turbulence by failing to turn on the fasten seat belt warning, the airline may face common carrier liability for a passenger’s injuries. 

If a passenger isn’t warned of danger, common carrier liability comes down to whether a reasonably careful operator would or should have known about the dangerous condition. Commercial airlines and trains may be sued for injuries caused by failing to exercise reasonable care and diligence to protect passengers or violating federal violations. Exercising reasonable care is a key factor in commercial carrier injury cases.

Public transportation carriers have a duty to warn passengers of known dangers that exist in the type of transportation they operate. For example, buses must warn passengers of possible injury from standing in an aisle while the bus is moving. However, if a passenger can reasonably see that injury may occur, the carrier may not be liable or may be only partially liable for accidents and injuries.

Filing an Injury Claim After a Common Carrier Accident

When a passenger is injured in a common carrier accident, he or she must prove that the company or operator was negligent, and that injuries resulted from that negligence. If a bus passenger falls when the bus swerves to avoid a pedestrian or stops suddenly when a child runs into the street, this does not constitute driver negligence. However, if the bus driver is intoxicated or talking on a cell phone or to a passenger when an accident occurs, the driver may be found negligent and be held responsible for passenger injuries.

Common carriers typically respond quickly to accidents that involve passengers. However, drivers or passengers injured in other vehicles may find that the legal process is delayed because they have to fight large companies.

Because public transportation companies are regulated by federal or state agencies, special laws apply to claims brought against them. The statute of limitations for these injury claims may differ from other types of injury claims, and deadlines can vary from state to state. A lawyer experienced in common carrier accidents can help advise of deadlines after reviewing your claim. In addition, most states have caps or limits for injury claims against state or municipal agencies.

Key Evidence That Can Prove Your Case

Although statistics show that common carrier accidents occur less frequently than passenger vehicle accidents, common carrier accidents are usually catastrophic. When you’re injured in a common carrier accident, you’ll likely be going up against large companies or entities that will perform their independent investigations to prove liability.

The carrier’s representatives or insurance adjusters will be looking for information that can reduce or eliminate the carrier’s responsibility to pay an injury claim. The evidence you and your personal injury lawyer collect will be key in showing the common carrier’s liability for your accident and injuries. 

Here’s what to look for:

Medical Documentation

Prompt medical treatment proves you took the injury seriously. Keep records of all tests, diagnoses, prescriptions, follow-ups, and out-of-pocket costs. Photos of injuries can help illustrate your pain and the recovery process.

Event Data Recorders (“Black Boxes”)

Airplanes, trains, trucks, and many buses now carry electronic devices that record crash data. These logs can show the vehicle’s speed, braking, mechanical problems, and driver activity at the time of the accident.

Maintenance and Inspection Records

Recurring mechanical problems or skipped safety checks can reveal a pattern of negligence. For example, if inspection records show worn brake pads that weren’t replaced, the company could be held responsible.

Expert Testimony

Reconstruction experts, engineers, safety professionals, and regulatory consultants can offer technical analysis to prove how the carrier’s failures led to your injury.

Eyewitness Accounts

Passengers, pedestrians, or nearby drivers may have seen the crash happen—or seen signs of negligence, like a distracted or intoxicated driver.

Photographic Evidence

Photos of the accident scene, vehicle damage, signage (or lack thereof), and road conditions can corroborate your version of events and counter the carrier’s narrative.

Driver and Employee Records

Driver logs, training history, and disciplinary actions can reveal fatigue, recklessness, or disqualifying behavior. If a company knowingly employed an unfit driver, it may face direct liability.

What Makes Common Carrier Injury Cases Difficult?

Injured passengers face an uphill battle. Common carriers respond quickly—with legal teams, investigators, and insurance reps trained to protect the company’s bottom line. They may delay, deny, or undervalue claims, especially if the accident caused serious harm.

And if the carrier is a public or municipal entity? Things get even more complicated. Sovereign immunity laws and strict deadlines can prevent claims from moving forward—unless your attorney knows how to navigate them.

How Strong Law Offices Can Help

After an accident with a commercial vehicle, you deserve more than an apology or a lowball settlement. At Strong Law Offices in Peoria, our attorneys know how to build tough, evidence-based cases against common carriers. We handle all the legal legwork—from gathering records and working with experts to negotiating or litigating your claim.

Don’t wait. Evidence disappears fast, and legal deadlines for suing public carriers can be shorter than you'd think.

Call 309-393-2928 to schedule a free consultation with a common carrier accident lawyer in Peoria today.