When you think of a contract, what usually comes to mind is a piece of paper signed by two parties that agreed to deliver something for a price. In this case, contracts are viewed as written documents enforceable in court.
This traditional concept of contracts makes it seemingly impossible for us to consider that hailing a cab is regarded as a valid deal. Yes, you read it correctly.
Contracts can be as simple as raising your hand to call a carrier or vehicle used for public transport. The moment the cab driver stopped and let you in, it means the driver voluntarily agreed to the contract.
This contract is called the contract of carriage, with the passenger called the obligee, and the cab driver called the obligor. The obligor’s duties and responsibilities under the said contract include driving the obligee safely to his destination.
So, what happens when the obligee meets an accident on board the obligor’s vehicle? Can the driver drop the passenger anywhere other than the agreed destination?
The answer is clear. If any of these instances happen, they will be liable for breach of the contract of carriage.
So, what are the other contractual obligations of a carrier to its passenger?
Obligation to conduct routine vehicle check-up.
Under the obligor’s duty to deliver the passenger safely to his destination, he is also bound to keep his vehicle in good running condition. This means that he should check if the tires are not flat, the brakes are working, and so on.
If an accident happened and the victim files a case for torts and damages, he will be liable for damages if it will be proven that he did not maintain his vehicle well. An Auto Accident Attorney Chico CA can show evidence to prove otherwise.
Obligation to deliver the passenger to the agreed destination.
Aside from making sure that his vehicle is safe for his passengers, the driver is also obliged to deliver his passenger to the agreed destination. This means, in the middle of the trip, he can’t unilaterally decide to drop the passenger anywhere.
If he doesn’t comply with this obligation, he will be liable for breach of contract. Whether you’re a passenger or a driver, an Auto Accident Attorney Chico CA can help you build your case.
Obligation to keep the passenger safe until he disembarks the vehicle
The contract shall be completed upon payment of the agreed fare by the passenger, and by the safe arrival of the passenger to his destination. To be specific, the contract ends the moment the passenger leaves the vehicle.
While the vehicle is in transit and if the passenger gets hurt due to a vehicular accident, the driver will be liable for breach of contractual obligation. A case can be filed against the driver and the vehicle operator for violation.
This case is separate from the reckless driving case that a third party can file against the driver for causing a vehicular accident.
You see, the law on public transportation is harsher compared to other laws simply because one’s life is at stake.
The law doesn’t intend to punish the wrongdoer. The ratio behind it is for drivers, operators, and other people responsible for public transportation to observe “extraordinary diligence” in doing their jobs.
Whether you’re an operator, driver, pilot, ship captain, train operator, or a passenger involved in a transportation accident, know that Peters, Habib, McKenna, Juhl-Rhodes & Cardoza, LLP can help you deal with the legal battle.
They have extensive knowledge of transportation law, so you know that you’re in good hands. Stop worrying, give the law firm a call now.