Planes, Trains, and Automobiles: Common Carriers and Injuring Michigan Passengers

Whenever you get into a taxi, board a commercial flight, or take a trip on a train, you trust a common carrier to get you to your destination safely and in a reasonable way. It isn’t just about people either. When you hire a delivery service to ship a package to a friend or hire a professional company to move livestock or furniture for you, you trust them to get your cargo to its destination reasonably and intact.

When things don’t go as planned and, say, you are injured in a taxi crash or your child is injured in a school bus accident, the damage done to yourself or a loved one can be stressful and potentially life-changing. In the unfortunate event that you or someone you love has been in a situation like this, Sachs Waldman attorneys have worked on countless vehicle accident cases, and we are here to help you through this difficult time.

What Is a Common Carrier? 

In general, a common carrier holds itself out for hire to the public to transport passengers or cargo. This can include taxis, commercial airlines, buses, and trucks. Private carriers and private vehicles must use reasonable care, but common carriers are subject to federal and state regulations imposing a higher level of care. Generally common carriers must exercise the utmost care, skill, and diligence to protect passengers and property. 

From a policy standpoint, what really motivates the law of common carriers is really about trust. You are literally letting go of the wheel, getting out of the driver’s seat, or entrusting someone else—probably a stranger—with your possessions. The law recognizes that relinquishing control and trusting someone else for transportation really is a big deal, and that you should generally expect companies to exercise a high level of care.

Take the example of a passenger bus transporting people from Grand Rapids to Detroit. This is a situation where you’ve handed over control to the bus driver and trust that the bus will take you to Detroit safely. The bus driver crashes into a vehicle in the intersection, and you are injured. What role did the common carrier play in this accident? It is key to figure out if the common carrier was negligent. Only if it was negligent in some way would you be able to pursue a claim against it. If the bus crashed because another vehicle illegally jetted out into the intersection after the bus had already entered it, the carrier may not have been negligent. If the bus had poorly maintained brakes that prevented a proper stop, then the carrier might have acted negligently. 

Winter Ice and Snow Means More Caution and Attention Needed

As winter weather sets in, meaning more ice on the road, the danger for common carriers increases substantially. As 2015 just gets under way, there have already been multiple car accidents caused by ice and reduced visibility on major thoroughfares such as I-94. In fact, in Berrien County the sheriff reported 53 slideoffs on I-94 on January 6 between 6:00 a.m. to 1:00 p.m. alone. The frigid weather intensifies icing, making roads dangerously slick despite attempts to salt the roads. Remember that major highways like I-94 serve as arteries not only for local travel to cities like Detroit and Ann Arbor, but also for interstate travel between, for example, Illinois to Michigan. It's no secret that spending longer time on the road means increasing the risk for accidents. 

Common carriers must often travel long distances as well. Many common carriers drive larger vehicles, which are tougher to handle in dangerous winter conditions. Even so, passengers must trust that they and loved ones will reach their destinations accident-free. Sometimes travel arrangements are unavoidable, but make sure you and loved ones check the weather reports frequently and be ready to adjust plans when possible.

At Sachs Waldman, our attorneys have experience in a variety of vehicle accident cases, and we know all our clients’ cases are unique. We will take the time to talk with you about the facts and determine what the best options are. Contact our Detroit personal injury law offices at (800) 638-6722 for a free consultation.