Common carriers may be held to a stricter set of rules than other transportation services, whether they are shipping items for you or whether you are being personally transported on the common carrier.
How do common carrier regulations differ?
Whether you’re sending goods or catching a ride, if the carrier is involved in an accident, a common carrier is liable for any type of cargo that is on board the vehicle or for damages you endure. There are only limited exceptions to this rule.
Private carriers, on the other hand, have more flexibility and can make policies that allow them to discriminate among who they serve and what they carry. They may also institute policies stating that they are not liable for any damages that may occur to the cargo, human or otherwise, during transport.
A short list of exceptions may allow a common carrier to be absolved of its responsibility in the case of an accident. For example, common carriers may not be held responsible for an act of nature. Because no one can control acts of nature, common carries are not expected to do so either.
Other exceptions may involve acts of public enemies (robbing or pirating), shipper negligence or fraud, or proven defects in the goods being transported. Other than the few exceptions on the list and any other specific exceptions set by applicable federal or state laws, the common carrier assumes liability for you or for the item you have shipped.
The regulations imposing stricter liability on common carriers are enacted to benefit the general public. If a transportation service you are using is a common carrier, they will be required to adhere to these stricter regulations and standards. Federal regulations can be found online. New York regulations and the regulations of other states can also be found online.
If you are seeking to hold a common carrier liable for damage you have suffered, it is in your best interest to consult a lawyer.