Common Carriers, Uber, and Lyft

 What are “Common Carriers”?  Under California law, a “common carrier” is defined as anyone who offers transportation to the general public for profit.  In the past, Common Carriers have been limited to buses, transportation vans, taxicabs, trains, and airplanes.  In some cases, operators of amusement park rides and chairlift operators at ski resorts have also been considered common carriers.
What about Uber and Lyft?  Are they considered Common Carriers? Uber has been fighting this classification, and at this point, states differ on this issue.  But both Uber and Lyft seem to fit the definition of a common carrier under California law.
Why is this important?  Because a high standard of care is placed on common carriers. In fact, the law requires that a common carrier use “the highest care and diligence of a very cautious person” when transporting passengers and it must do “all that is necessary under the circumstances to avoid injury or harm” to its passengers.  If a common carrier voluntarily accepts an ill or a disabled person as a passenger and is aware of that person’s condition, it must use as much additional care as is reasonably necessary to ensure the passenger’s safety, in view of the passenger’s physical condition.
A common carrier must not overcrowd its vehicle, must travel at a reasonable rate of speed, must give to passengers all such accommodations as are usual and reasonable, must treat passengers with civility, and must give its passengers a reasonable degree of attention.
Passengers often sustain injuries while riding on common carriers.  Examples include a common carrier getting into an accident because the driver was driving carelessly, driving too fast or driving too close to other vehicles. There are examples of passengers falling in buses because the bus takes off or stops abruptly and unexpectedly, or the bus driver closes the doors on a passenger.  In recent years, we have seen numerous train accidents.
Sometimes, a common carrier will try to limit its liability by using signs, posters, and releases. A common carrier’s liability cannot be limited by a general notice, but it may be limited by a special contract between the carrier and its passenger, such as a release signed by a passenger.
For more information, please call The Mason Law Firm at 661-476-5678 or email mason@mrscvlaw.com.