What is a common carrier in Nevada? In U.S. law, a common carrier is any private or public entity that charges a fee for transporting people or goods from one place to another. However, due to the size of these carriers, accidents involving these vehicles often yield more severe injuries. If you are injured during transport and the carrier is found to be negligent, the carrier may be liable for your damages. However, you must prove negligence to hold the carrier responsible.
If you need assistance proving that a common carrier is liable for your injuries, contact George Bochanis Injury Law Offices at (702) 388-2005.
What Is the Definition of Common Carrier According to Nevada Law?
In Nevada, common motor carrier is a legal term used to describe any person or operator who offers transportation services to the public, either for passengers or property, from one location to another. This can be done on a fixed route or through on-call operations. Some common carriers are privately-owned, while others are owned by state organizations. Generally, a common carrier must provide services to anyone who is willing to pay its fees, unless it has good reason to refuse. The most well-known forms of common carriers are mass transit vehicles such as buses, trains, and planes, but there are many other types.
All common carriers, whether private or public, are subject to the same rules and regulations set by both state and federal governments. However, accident liability can vary depending on whether the common carrier is owned by a private company or the government.
The Difference Between Private Carriers and Common Carriers
Understanding the distinction between private carriers and common carriers is crucial, as it can often be a source of confusion. Common carriers can be either private or public entities, and can even be personal vehicles if used for purposes such as ride-sharing. They are bound by rules and regulations.
The term “common” is key here. A common carrier, such as a bus service, offers services to the public, unlike a private carrier that may only be available to specific clients on a contractual basis.
The law requires common carriers to serve everyone, including people with disabilities. They may also be liable for damages caused if they negligently cause injuries to others.
On the other hand, a private carrier, also known as a contract carrier, transports people or property from one place to another by special agreement in a specific instance only. Private carriers don’t hold themselves as ready and willing to transport for the public, and aren’t bound to serve every person who may apply.
For example, a private carrier is a trucking company that transports goods for a fee. Private carriers aren’t held liable if they don’t meet their duties, unless there’s a contract stating otherwise.
Responsibilities and Duties of Common Carriers in Nevada
Common carriers are required to provide services to the public, transport goods, and charge rates without discrimination. They cannot choose which customers to serve, what goods to transport, or how much to charge.
By law, common carriers, such as buses and taxis, must provide services to everyone.
If a common carrier fails to comply with its responsibilities, it can be held liable. For example, among the common causes of truck accidents, if a driver was speeding, the trucking company may be held accountable for the damages. If a common carrier discriminates against a customer, the customer can sue for damages.
Duty to Ensure Passengers’ Safety
It is mandatory for all common carriers in Nevada to follow a set of safety rules and regulations to operate lawfully. If a common carrier fails to comply with these rules and regulations and causes injuries to people, they are held responsible for the damages incurred.
The regulations require common carriers to:
- Not drive erratically.
- Keep equipment maintained and free from debris.
- Drop off passengers at safe locations.
- Not overload the vehicle.
- Make sure that the driver operating the vehicle has the appropriate qualifications.
- Monitor for issues that arise and take necessary corrective actions.
Even if they follow all rules and regulations related to passenger safety, common carrier operators must exercise their duty of care. Not following the standard of care may be a reason why taxi trips send passengers to the hospital. According to Nevada common carrier law, the highest level of care must be taken by carriers to ensure the safety of their passengers. It is assumed that carriers have promised to exercise the highest degree of care, using human judgment and foresight, to make their passengers’ journeys safe.
However, the Nevada Supreme Court ruled that carriers’ exceptional responsibility doesn’t extend to situations unrelated to transportation hazards.
Types of Common Carriers
Common carriers encompass a variety of transportation entities that provide services to the public for a fee. These carriers operate across different modes of transportation, including air, rail, bus, water, truck, and pipeline. Air carriers, such as commercial airlines, offer scheduled and charter flights domestically and internationally. Rail carriers operate trains for passengers and freight over railway networks, while bus carriers provide public transportation via buses and coaches on scheduled routes within and between cities.
Water carriers transport passengers and cargo by sea, river, or canal, including cruise ships, ferries, and cargo vessels. Truck carriers transport goods by road using trucks or tractor-trailers, offering freight transportation services locally, regionally, and nationally. Pipeline carriers, on the other hand, transport liquids, gases, and other materials through pipelines, such as oil and natural gas pipelines. Each type of common carrier is subject to specific regulations and safety standards to ensure the secure and efficient transportation of passengers and goods.
Liability of Common Carriers in Nevada
A transportation company that caters to the public must adhere to the safety standards set by its regulatory body. For instance, a commercial airline is expected to comply with the regulations set by the Federal Aviation Administration (FAA). In addition to these regulations, carriers are obligated to exercise the utmost care for their passengers and cargo.
As a result, a common carrier may be liable for two reasons:
- The injury was caused due to non-compliance with a particular regulation.
- The operator failed to exercise the expected duty of care and diligence, which a reasonably careful operator would have followed.
Failure to Conform to Regulatory Standards
Common carriers, such as passenger trains and planes, are subject to safety standards set by regulatory bodies to ensure passenger safety and other concerns. For example, commercial airlines in Nevada must comply with the rules and regulations of the Federal Aviation Administration (FAA). If common carriers fail to comply with their regulatory bodies’ regulations, they can be held legally responsible for any damages and losses suffered by those affected.
For instance, if a pilot fails to activate the fasten seatbelt warning, the airline responsible can be held accountable for the injuries sustained by a passenger due to turbulence.
Carriers may be held responsible for any harm caused as a result of violating federal rules or failing to exercise reasonable care to protect passengers. Acting with reasonable care is a crucial factor in any commercial carrier’s personal injury case.
The regulations that govern common carrier operations vary depending on the type of transportation service it provides. Federal regulations usually apply to common carriers that primarily transport cargo or passengers across states, while state laws govern public transportation carriers like taxis, buses, limousines, and rideshares.
Public transportation common carriers have a duty to warn passengers of known risks associated with the transportation service they provide. For example, buses must warn passengers of potential injuries when standing in an aisle while the bus is moving. However, if the passenger can reasonably foresee harm, the carrier may not be responsible or may only be partially liable for the accident and injuries.
Failure to Exercise a Duty of Care
When a victim files a lawsuit against a common carrier for an injury, he or she is responsible for proving that the common carrier was at fault for the accident. If the victim cannot prove that the common carrier did not conform to regulatory standards, then he or she must prove fault by showing negligence.
To prove negligence, the victim must demonstrate that the common carrier had a duty of care towards him or her and breached that duty. Additionally, the victim must show that the breach of care directly caused the injuries, resulting in other damages and losses.
The duty of care applies to all types of motor collisions, including those involving common carriers. Common carriers must exercise the utmost care and diligence with respect to their passengers.
A breach of duty can be any act or failure to act that could have been anticipated to cause harm. For example, failing to remove ice from the wings of an airplane that later made an emergency landing, causing injuries. A breach of the duty of care may apply under various circumstances and might have to be judged on a case-by-case basis. However, some common examples of this breach of duty include:
- The driver operating the vehicle or vessel recklessly during the accident
- Inadequate inspection or maintenance of the vehicles used for transportation
- Hiring drivers and operators without proper screening and due diligence.
- Failure to provide necessary safety equipment or restraints
- Failure to warn passengers about potential hazards or dangers
Motor vehicle accident attorneys with experience in common carrier accidents can examine the evidence in your case to determine if there was a breach of the duty of care, which can be the basis for a valid claim. To prove that the breach of duty caused the injuries, the victim must demonstrate that the injury would not have occurred if the breach had not occurred. The strongest approach to win an injury settlement is to present evidence that proves the common carrier’s breach of duty. Evidence can include photos, videos, witness statements, and inspection and maintenance records.
When to Hire a Lawyer
If you have been injured while using a common carrier, it is crucial that you contact a lawyer to represent you as soon as possible. The best time to find a lawyer is shortly after the accident. There are many benefits to getting an attorney involved in your case immediately.
Although common carriers are obliged to act with a higher level of care, there may be nuances in individual cases, so it is essential for victims to build a strong case that demonstrates the elements of duty, breach, causation, and damages. An experienced personal injury lawyer can assist victims of common carrier accidents by gathering and organizing all the information relevant to the case and looking for regulations that the common carrier may have ignored, resulting in the injuries.
If a lawyer can handle the early stages of the claims process, your compensation claim will be more likely to be successful. An attorney can assist you in several ways.
Personal injury lawyers typically conduct an investigation. This investigation helps them determine the validity of your case and whether filing a lawsuit is worthwhile for you. A lawyer typically has a Nevada personal injury case checklist to use in building a strong case and will gather evidence to support your case, such as photos, videos, witness statements, and other relevant information.
Lawyers can be of great help in settling claims because they have the expertise to negotiate with other parties and ensure that you receive a fair settlement. They can also protect you from accepting settlement offers that are unreasonably low. In most cases, involving attorneys tend to settle before they go to trial. If negotiations fail, the attorney can file a lawsuit to recover damages.The attorneys at George Bochanis Injury Law Offices will take care of all the legal aspects of your claim, allowing you to focus on recovering. Contact us after your injury so that you can have peace of mind that your claim will be handled properly.
