Learn Some Taxi Cab Accident Issues and Insights -
Taxicabs carry people for transportation in return of a fee payment. For that reason they are considered common carriers. A common carrier, similar to any transportation system that carries multiple passengers, is required to obtain a high safety degree. In California, common carriers (taxicabs included), are required to carry a black box similar to that carried by airplanes to trace speed, velocity and time. This helps determine negligence and liability of the taxi driver. When it comes to taxi cab accidents, liability and the right to file a claim apply in the same fashion as other motor vehicle accidents. Whether you were hit by a taxicab while driving or the cab you were a passenger in hits another automobile or an obstacle, you are entitled to file a claim for the injuries you accumulated as a consequence of negligent behavior.
Two Types of Taxicab Accidents Explained
There are two main categories or types of accidents that can arise to liability on the taxi for personal injury. Hit by a taxi cab: this type is a standard 2-car accident, which is therefore a negligence case that requires proving liability and damages like any other case. So for example, if you were hit by a taxicab while walking or riding your bicycle, you are still entitled to a car accident claim for the injuries you have incurred. Hitting another car while being a passenger in a taxi cab: this type is the standard taxi cab passenger accident injury scenario. While it is also a car accident, it is an easier case given the fact that the plaintiff (passenger) does not usually have to prove liability because one of the drivers (either of the taxi or the other car) is at fault. Where liability is not clear, both drivers can be brought into the legal action to duke out the fault issue for the plaintiff's injuries. In such cases, one driver is liable (found at fault) or the taxi driver alone can be held liable under the common carrier liability doctrine if they are proven to have negligently created the circumstances leading to the crash.
Insight Into the Nature of Tax Cab Passenger Accident Injuries
Two important factors for winning this type of claim in court: 1) Show Liability: prove that the taxicab driver was at fault unless you were a passenger; and 2) Damages: prove the severity, nature and extent of injuries sustained as a result of the incident. Taxicab accidents and injuries can happen in a number of different ways:
- Various types of trauma including brain damage
- Spinal Cord damage
- Facial Laceration
- Broken nose, teeth, pelvis and legs
- Loss of sight
- Mental stress and other related mental problems
There are cases in which an accident can be so severe that death of the victim is the result. In these unfortunate scenarios, the decedent’s family may be entitled under the laws of the state of California to recover for their damages through financial compensation in a wrongful death action.
Common Issues With These Types of Cases
With taxicab accidents, there are mainly two problems that arise which make cases somewhat complex. The first is regarding liability in a 2-car accident; where both drivers are found at fault and hence liable for the damages caused. In this case, insurance companies will dispute over the liability of the other up until one party gives up to a bad settlement. The second potential problem arises where there are multiple messengers who are found injured as a consequence of the accident. In this case, it is often found that the amount of damages exceed and exhaust available insurance. This is extremely frustrating for the injured parties as they are forced to settle for less than their case is worth.
How to Proceed After an Taxi Accident
If you are ever at the unfortunate incident of a taxicab accident, you would follow the same procedure as any other car accident:
- Exchange information and make sure you get the names and contact information of all witnesses and if possible their DL numbers as well
- Write the taxicab driver’s name, taxi registration and the contact information of their employer
- Take pictures of the accident immediately after you get information. It is always helpful to take as many pictures as possible of the scene, all vehicles involved from various angles.
- Call the police from the accident scene to assure the accident gets officially recorded as soon as possible, and ask for a copy of the accident report
- Insist on all drivers to remain at the scene until the police arrives
- Seek medical attention as soon as possible and make your treating physician aware that you had been in a car accident
- Consult a lawyer. Be sure to keep records so that you can go about proving personal injury damages with medical bills and receipts.
Taxi Cab Passenger Legal Advocacy Lawyers
Get help if you have suffered injury damages in a taxicab while you are a passenger. The issues can be difficult and you need the best personal injury attorney in town to make sure liability is squared away as well as damages proven up to the insurance carrier and/or jury in the event a trial is necessary to achieve justice.