Common Carrier Standard of Care
A common carrier is held to a higher standard of care than an ordinary driver. Common carriers include airplanes, trains, trucks, taxis, buses, Uber drivers and Lyft drivers. Common carriers transport passengers and goods for compensation, so they are required to practice a higher standard of care than an ordinary driver transporting himself or a friend.
Texas Law holds common carriers to a “high degree of care” instead of “ordinary care.” “High degree of care” means that degree of care that would have been used by a very cautious, competent, and prudent person under the same or similar circumstances. “Ordinary care” means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. Under the different standard of care, a common carrier might be found negligent while an ordinary driver might not be found negligent for the very same conduct. For example, an ordinary driver might not be expected to look out for another driver running a red light at an intersection, but a common carrier is expected to drive defensively.
If you have been injured by a common carrier, contact a car accident attorney. Patrick O’Hara is an experienced lawyer who has represented many clients who have been injured by common carriers. Attorney O’Hara serves clients in Houston and surrounding areas. The O’Hara Law Firm represents clients on a contingency fee basis. Call today at 832-956-1138.