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What is a Common Carrier Under Texas Law?

According to the Texas Supreme Court, common carriers are persons or entities that are “in the business of carrying passengers and goods and who hold themselves out for hire by the public.” The Texas Supreme Court opinion in VIA Metropolitan Transit v. Curtis Meck reaffirmed this definition in 2020. A common carrier is basically any “for hire” driver that provides services to the general public. Because they hold themselves out as professional drivers, they are held to a high degree of care when it comes to driving.

What is a For Hire Driver?

A “for hire” driver is a driver who can be hired by the public to provide transportation services of people or products. He may be hired directly or through a third-party provider such as a trucking company or rideshare service.  The key is that the driver does not transport goods for a single private company. Additionally, the provision of the driving services must be the primary function of the person or company.

What is the Standard of Care for a Common Carrier?

As a professional driver, a common carrier is required to use the degree of care that would have been used by a very cautious, competent, and prudent person under the same or similar circumstances.  This is a high degree of care versus the ordinary degree of care that is required by typical drivers.

Riding on a BusExamples of Common Carriers

The definition of common carrier is very broad. The following are examples of entities that are considered common carriers:

  • Trucks that do not work and haul for one company exclusively
  • Rideshares such as Lyft, Uber and Uber Eats
  • Taxicabs
  • Airplanes
  • Trains
  • Cruise ships and other for hire ships

Examples of Entities That Are Typically Not Common Carriers

Some examples of entities that are typically not considered a common carrier include:

  • Private passenger vehicles
  • Private pleasure boats
  • Truck drivers who work and drive for a single company
  • Military vehicles
  • Private planes not for hire.

High Degree of Care Versus Ordinary Care

The High degree of care that is imposed upon common carriers requires that they be even more cautious than we would expect of a private driver. In a situation where one is accused of negligently causing a collision, this results in a different jury instruction that reflects the tougher standard of conduct imposed on professional drivers. When a private citizen is accused of negligence, the plaintiff must show that they failed to exercise the degree of care that an ordinary person would exercise under the same or similar circumstances. However, when a common carrier is accused of negligence, the plaintiff must show that the common carrier failed to use the degree of care that would have been used by a very cautious, competent, and prudent person under the same or similar circumstances. An ordinary person is not expected to be as “perfect” of a driver as someone who choses to drive for a living.

Injured by a Common Carrier?

Accidents involving common carriers are typically more complex matters than typical accidents. The companies that operate common carriers often have their own risk management teams made up of accident investigators, insurance adjusters, lawyers, and other professionals whose job is to reduce their exposure to liability when their transporters negligently injure someone. Whether it’s a truck accident, maritime injury, bus accident, aviation accident, or other common carrier wreck, if you are injured by a common carrier, you need a team on your side ready to take on the corporate giants and their big insurance companies. Simmons and Fletcher, P.C., have been slaying these giants since 1979.

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