If you’ve been injured while using transportation services like a bus, taxi, train, or rideshare vehicle, you may hear the term “common carrier.” But what does that mean, and how does it impact your legal rights?
Under Virginia law, common carriers are held to a higher duty of care than ordinary drivers. This means that if negligence occurs, injured passengers may have stronger legal claims. Understanding whether a company qualifies as a common carrier is critical in determining liability in a personal injury case.
At common law, a common carrier is defined as a business that regularly transports people or goods for a fee and offers those services to the public. Virginia courts have long recognized this definition, stating that a common carrier is one who undertakes, as a regular business, to transport persons or property for hire and makes those services available to the public.
While this definition may sound technical, it comes down to two key elements:
These principles have been affirmed in Virginia case law, including Carlton v. Boudar and Riggsby v. Tritton.
Courts typically look at the following factors when determining whether a business qualifies as a common carrier:
If these elements are met, the business is likely to be considered a common carrier under Virginia law.
Virginia courts have consistently classified the following as common carriers:
Each of these services exists primarily to transport passengers or goods and holds itself out to the public as a transportation provider.
Not all services that involve transportation qualify as common carriers. The key distinction is whether transportation is the primary purpose of the activity.
For example, in Bregel v. Busch Entertainment Corp., the Virginia Supreme Court ruled that Busch Gardens’ Skyline ride was not a common carrier. Although it transported passengers, the court found that its primary purpose was entertainment not transportation.
Similarly, other services may fall outside the definition, such as:
In these cases, transportation is considered incidental to the overall experience.
Rideshare services like Uber and Lyft may appear to meet the definition of a common carrier because they offer transportation to the public for a fee. However, Virginia law treats these companies differently.
Under Virginia statute § 46.2-2000, rideshare companies are regulated as transportation network companies (TNCs) and are not classified as common carriers. This distinction can significantly impact how liability is determined in an accident involving a rideshare vehicle.
Because the legal framework surrounding rideshare services is evolving, it’s important to consult with an experienced attorney if you’ve been injured in a rideshare accident.
The classification of a company as a common carrier is important because it affects the standard of care owed to passengers.
In Virginia, common carriers are held to the highest degree of care for passenger safety. This means they must take every reasonable precaution to prevent injury. If they fail to meet this standard, they may be held liable for damages.
For injured passengers, this higher duty of care can make it easier to establish negligence compared to a standard auto accident claim.
If you were injured while using public transportation, a taxi, or a rideshare service, you may have the right to pursue compensation. Determining whether the company involved qualifies as a common carrier can play a critical role in your case.
At The Law Offices of Mark T. Hurt, we have extensive experience helping injured individuals navigate complex personal injury claims. Our team understands Virginia law and will work to protect your rights and pursue the compensation you deserve.
Contact us today for a free consultation to discuss your case and learn more about your legal options.
