7/23/2014· Transportation
The Creep of Common Carrier Status
By: Ned Einstein
As it affects liability, an operating agency's status as a "common carrier" has an enormous impact not only on determining liability itself, but depending on legal constructs in various states, can also affect considerations like immunity and/or the assessment of punitive damages - often barriers to the assessment of damages afforded to public agencies. So except for motorcoaches deployed in commuter/express service under contract to public transit agencies, these latter considerations rarely affect motorcoach operations in the courtroom.