09 Mar 2008 01:25:32 | Jinky C. Mesias
Aside from private car accidents there are also a great number
of related public transportation accidents. The Federal
Government is the one regulating the common carriers that
transport passengers and cargo across the entire state.
Nevertheless, each separate state has its own regulated public
transportation system all within its state’s lines. But in
general it’s the Federal Government that controls the interstate
transportation while the individual states are to manage the
intrastate transportation.
Just what are common carriers? Common carrier is the term given
to refer to one who make known to the public that his business
involves the transporting of persons or cargo from one point to
another within or outside the state in return for compensation
and also the services rendered are available to the public. Some
of the common carriers available are buses, trains, ferries and
airplanes. Nevertheless, there are some exceptions especially
when it comes to certain types of airplanes as well as some
vessels that are included in the private charter transportation.
The importance of knowing whether a transportation service is a
common carrier or not is for the implementation of specific
common carrier regulations in various states. The common carrier
regulations are usually applied to equipment requirements,
licensing, transportation procedures, fare and rates and others
that are related to the operation of the common carrier. The set
regulations are provided to benefit not only the common carrier
industry but more so the general public. Common carriers are
required to follow strictly the regulations and standards impose
in their respective states.
For accidents relating to common carriers, the Federal
Government has created various regulations as to the degree of
the liability that common carriers have to its passengers who
are injured while making use of the common carrier services. In
case of common carrier accidents individual State law applies in
determining the extent of personal injuries which a common
carrier may be liable. However, a great number of states follow
the general rule that common carriers are liable for personal
injuries sustained by its passengers. This law is based on the
premise that a common carrier must and should employ the highest
level of care, diligence as well as vigilance when transporting
passengers to their appointed destinations. The common carrier
is also expected to maintain necessary equipment coupled with a
reasonable degree of skill in order to accomplish the safe
transportation of passengers.
And depending on the governing state law, there are some state
regulations that do not necessarily obligate a common carrier to
be completely responsible for the safety of its passengers but
requires that the common carrier should show a high degree of
care to its passengers. But still the general rule applies that
a common carrier would be held responsible for injuries
sustained by its passengers in cases wherein accident would have
been avoided if only the carrier had used care and diligence in
transporting their passengers.
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About Author :
Jinky C. Mesias is a graduate of Bachelor of Science in Business
Administration Major in Business Management. She is at present
an Associate Manager of a Life Insurance Corporation and a
freelance writer.