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Understanding Taxi Accidents: Causes, Liability, and Legal Remedies

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At some point in our lives, most of us will take a taxi to get around. Whether it's for a quick trip to the airport or a late-night ride home, taxis provide a convenient mode of transportation. However, accidents can happen, and when they do, they can be devastating. A Law.com Premier Attorney can help you with the process of filing a claim and help you understand who you can sue for damages. They can also help you understand the statute of limitations for filing a claim, which may vary depending on the jurisdiction, and help you file the claim within the time frame allowed by law. Call today to speak with an experienced taxi accident attorney.

If you're injured in a taxi accident, it is considered a car accident. Despite serving as public transportation, taxis are still private passenger vehicles. Although some cities may track taxi crash statistics, national statistics compiled by the National Highway Transportation Administration do not classify taxis separately.

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Like any other accidents, taxi crashes can occur due to a driver's negligence. These incidents often involve:

  1. Distraction: Taxi drivers can become distracted by various factors both inside and outside the vehicle. Phone calls, conversations, or interesting displays can divert their attention from their primary driving tasks, leading to accidents.
  2. Drunk or drugged driving: Unlike trucking companies, taxi drivers are not held to the same standard of random drug and alcohol testing. Police officers typically test drivers after they have already been involved in an accident, making it difficult to intervene beforehand.
  3. Speeding: Some taxi drivers may speed to rush and pick up the next fare, while others may use speed as an aggressive navigation tactic in heavy traffic. Excess speed contributes to a significant number of traffic fatalities each year.
  4. Drowsy driving: Taxi drivers often work long hours to earn an income, which can lead to insufficient sleep. Despite fatigue, they may still operate their vehicles, posing a risk to themselves and others on the road.

Don't Assume the Driver Will Contact Authorities

If you're injured in a taxi accident, it's not your responsibility to call the authorities. However, you should ensure that the taxi driver calls 911. Most jurisdictions require vehicle operators to report accidents involving injuries. If the driver fails to do so, you should make the call yourself and request an ambulance if necessary.

A law enforcement officer needs to document the accident, gather information from all involved drivers, list passengers, document injuries, and confirm the sequence of events. If your driver fails to report your injuries to the taxi company's insurer, the police report will serve as evidence to support your claim.

Prioritize Your Medical Treatment

You should take personal responsibility for seeking the necessary medical care following a taxi accident. Unless your injuries are visibly severe, you can't expect the taxi driver to insist on emergency care. If the police officer doesn't call an ambulance to the scene, you should ask them to do so if you or anyone else requires medical attention.

The taxi driver may be distracted by the aftermath of the accident and concerns about potential income loss. If multiple drivers are involved, they may be engaged in discussions about fault, insurance, damages, and other issues related to resolving the situation.

At some point, an insurance company, your attorney, or a court may ask you to provide details about your injuries. This could happen months or even years after the accident, by which time your pain, suffering, and other effects may be distant memories. Therefore, it's important to document your injury daily to accurately describe your pain and the problems caused by your injuries. This documentation will be valuable for evaluating your losses and can be used if you need to provide a deposition or testify in court.

Your documentation should include:

  • Daily descriptions of pain experiences
  • Emotional struggles
  • Difficulties in recovery
  • Marital concerns
  • Missed opportunities and family outings
  • Tasks you are unable to perform
  • Any other relevant information to support your injury settlement negotiations

Liability in Taxi Accidents

When a taxi accident occurs, liability can be complicated, as there are several parties involved:

  • The taxi driver: If the driver was at fault, they may be held liable for the accident and any resulting injuries.
  • The taxi company: The taxi company may be held liable if it can be shown that they were negligent in their hiring, training, or supervision of the driver.
  • Other drivers: If another driver caused the accident, they may be held liable for any injuries or damages.
  • Municipalities: If the accident was caused by poor road conditions, the municipality responsible for maintaining the road may be held liable.

Determining who is at fault in a taxi accident requires a thorough investigation of the accident and an understanding of the applicable laws and regulations. It is important to consult with an experienced personal injury lawyer who can help assess your case, explain your options, and represent you in court if necessary. By understanding the liability in a taxi accident, victims can better protect themselves and their rights, and pursue the legal remedies available to them.

Passengers Are Usually Not Liable

As a passenger, you are typically considered an innocent victim in a taxi accident. In single-car taxi accidents, the driver is usually at fault. In accidents involving multiple drivers, liability may be shared among them, and their respective insurance companies will determine the percentage of liability and coverage for damages.

Insurers should offer you a settlement that adequately covers your injuries and losses. However, it's important to note that insurers may not always treat injured victims fairly if they do not have legal representation and are unaware of their rights after an accident.

In cases involving liability issues, there is a possibility that one insurer may deny liability and refuse to pay anything. Eventually, the insurers must agree on liability, damages, and claim values, which often requires compromise and negotiation. This process may put you in an adversarial position with two or more insurers, making it particularly important to have an attorney who can ensure fair compensation.

Legal Remedies for Taxi Accidents

If you have been involved in a taxi accident, you may be entitled to legal remedies, such as:

  • Compensation for medical bills and lost wages: If you were injured in the accident, you may be entitled to compensation for your medical bills and any wages you lost as a result of your injuries.
  • Compensation for pain and suffering: If you experienced physical or emotional pain and suffering as a result of the accident, you may be entitled to compensation.
  • Property damage: If your property was damaged in the accident, you may be entitled to compensation for the cost of repairs or replacement.

To pursue legal remedies, it is recommended to consult with an experienced personal injury lawyer who can assess your case, explain your options, and represent you in court if necessary.

Certain states require drivers to carry Personal Injury Protection (PIP) coverage. When someone sustains injuries in a vehicle accident, they must submit a claim to their own insurer first. PIP insurance pays a portion of medical bills, lost wages, and other accident-related injury expenses regardless of fault. This is why it is often referred to as "No-Fault" coverage.

Currently, 12 states have PIP statutory requirements:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

Each state's PIP statute varies, with injury-based or monetary thresholds determining the right to make a negligence claim against the at-fault party's insurer. Injury thresholds typically include serious injuries such as brain or spine injuries, while monetary thresholds require a specified dollar amount in losses before a liability claim can be made outside of PIP coverage.

State Laws Determine Injury Compensation

Working with a taxi accident attorney can help you understand the types of compensation you may recover for your injuries and the evidence required to prove your damages. Typically, a claim against the negligent driver's insurance company seeks compensation for medical and recovery costs, lost income, and general damages such as pain and suffering. In some cases, a judge or jury may award punitive damages if the wrongdoer's actions were malicious or egregious.

Taxi Insurance Liability Requirements Vary by State

Each jurisdiction establishes its own guidelines for taxi drivers' financial responsibility. In many areas, the municipality determines the required amount of liability insurance that taxi drivers must carry.

Here are examples of taxicab insurance requirements in several cities:

  • New York City: $100,000 per person, $300,000 per accident, $200,000 PIP, and $10,000 property damage
  • Los Angeles: Minimum insurance for 1-7 passengers: $100,000 per person, $300,000 per accident, and $1,000,000 property damage
  • Chicago: Combined single limit: $350,000
  • Philadelphia: Minimum limits (based on vehicle class): $15,000 per person, $30,000 per accident, and $5,000 property damage

While these limits may cover the costs of most injuries, they may not be sufficient to compensate injured taxi passengers in cases of serious or catastrophic injuries. In some instances, even the minimum limits may not cover out-of-pocket costs and general damages for minor injuries.

Being involved in a taxi accident can be a traumatic experience, but it is important to remain calm and take appropriate steps to protect yourself and your legal rights.

What to do as a passenger

If you are a passenger in a taxi that is involved in an accident, the first step is to seek medical attention for any injuries. You should also obtain the contact information of the taxi driver, as well as any other drivers involved in the accident, and take note of the taxi company and license plate number. It is also recommended to take photos of the accident scene and any damage to the vehicles involved, if possible. You should report the accident to the taxi company and your own insurance company as soon as possible.

What to do as a taxi driver

If you are a taxi driver involved in an accident, you should first ensure the safety of yourself and any passengers. You should then exchange contact information with any other drivers involved in the accident and take note of their license plate numbers. It is recommended to take photos of the accident scene and any damage to the vehicles involved, if possible. You should report the accident to the taxi company and your own insurance company as soon as possible.

What to do if you are hit by a taxi

If you are hit by a taxi as a pedestrian, cyclist, or driver of another vehicle, the first step is to seek medical attention for any injuries. You should then obtain the contact information of the taxi driver, as well as any witnesses to the accident. It is also recommended to take photos of the accident scene and any damage to the vehicles involved, if possible. You should report the accident to your own insurance company and consider consulting with a personal injury lawyer who can help you understand your legal rights and pursue any legal remedies available to you.

In any case, it is important to take the accident seriously and seek appropriate medical attention and legal advice. By following these steps, you can better protect yourself and your rights after a taxi accident.

Rideshare vehicles, such as those used by Uber or Lyft, are not considered taxis. Many cities and states apply different standards and regulations to taxi and rideshare drivers. With the increasing popularity of rideshare services, it's important for consumers to understand these differences.

Taxicabs:

  • In most jurisdictions, taxis are common carriers subject to established regulations and laws.
  • Larger cities often have competitive taxi licensing systems that restrict the number of companies operating in the area.
  • Taxis charge fares based on approved rates, which may include additional charges for congestion or overnight travel.
  • Taxi boards or commissions establish licensing and conduct guidelines in many cities.

Rideshares:

  • Many states use the term "Transportation Network Companies" (TNCs) to differentiate between taxis and rideshare services.
  • Rideshare fees are usually determined after the ride is complete, and pricing can vary between cities. Surge pricing and additional fees may apply under certain conditions.
  • Uber and Lyft have specific driver and vehicle requirements that vary. They conduct remote evaluations and typically require drivers to be of legal age, provide necessary documentation, and undergo a criminal background check.
  • Uber and Lyft provide insurance coverage based on the driver's app status, offering different levels of liability coverage depending on whether the driver is waiting for a ride request or actively transporting a passenger. Personal auto insurance policies typically exclude coverage for accidents involving rideshare activities, although drivers can request endorsements for additional coverage.

If you're involved in a rideshare accident, the regulations and insurance coverage differ from those of taxi accidents. It's essential to consult with an attorney experienced in handling rideshare accident cases.

How Much Does A Taxi Accident Attorney Charge?

Most personal injury lawyers typically offer free initial consultations and operate on a contingency fee basis, meaning you only pay if they win your case. The attorney's fee is usually a percentage of the settlement or award.

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