Border Patrol Practice Exam

What type of conclusion can we draw if a trucking company is a common carrier?

1. It is always liable for damages.

2. It operates at lower rates than other carriers.

3. It is liable unless it proves non-negligence.

4. It can select the cargo it carries.

The correct answer is: It is liable unless it proves non-negligence.

When a trucking company is classified as a common carrier, it is generally subject to specific legal obligations concerning liability for damages. Common carriers are required to transport goods for the general public and, as a result, they have a higher standard of responsibility. The conclusion that the company is liable unless it proves non-negligence reflects the nature of the common carrier's duties. In legal terms, common carriers are often presumed to be liable for loss or damage because they are engaged in a public service. To mitigate or avoid this liability, the carrier bears the burden of proving that the damage occurred due to circumstances beyond its control or as a result of the shipper's own actions—not through negligence on its part. Thus, the emphasis is on the carrier's responsibility to demonstrate that it has not been negligent if it wishes to avoid liability for damage to the cargo it transports. This is an essential aspect of the regulatory framework governing common carriers, ensuring that they operate with a high standard of care given their importance in the logistics and transportation industry.