Taxi Accident Attorneys

The classification of a common carrier in California is an established entity or corporation that promotes itself as a transportation-based company with the purpose of transporting individuals or goods from one location to another with a set standard of fees. Common Carriers include taxi cabs, bus lines (both public and private), railroads, cruise ships, freight companies, escalators, and elevators. In tort law, common carriers have a legal obligation called ‘Duty of Care’ that requires an elevated standard of reasonable care and prevention of foreseeable harm for their passengers.

Rideshare companies like Uber and Lyft are not regulated under the California Common Carrier Laws. These companies fall under a category called a Transportation Network Company (TNC). Identified as a company that provides pre-arranged transportation for compensation through an online-enabled platform to connect users with drivers utilizing their own personal vehicles. Unlike taxi cab drivers, TNC drivers are not held to the ‘higher standard of care’ for their passengers. TNCs are, however, required to adhere to 28 rules and regulations set by the California Public Utilities Commission (CPUC) including the requirement to carry commercial liability insurance.

Because a taxi driver is obligated by law to operate under the highest degree of care and safety, they can be held legally responsible for any injuries or damage caused because of their negligence. Some common negligent behavior that cause taxi accidents are:

• Driver Fatigue
• Aggressive Driving
• Driving in Excess of the posted Speed Limit
• Careless or Dangerous Driving in Traffic
• Unsafe Lane Changes
• Failure to Obey Yield Signs, Stop Signs, and Traffic Lights
• Driving While Intoxicated or Under the Influence of Drugs

If you or someone you love has been the victim in a taxi accident, immediately call the police to report the accident and contact an experienced taxi accident lawyer before speaking to the taxi company’s insurance representatives to safeguard your legal rights and ensure you get the maximum compensation for the following:

• Medical Expenses including Rehabilitation
• Future Medical Expenses and Cost of Life Care
• Loss Wages and Future Loss or Income Reduction
• Pain and Suffering
• Funeral Expenses
• Loss of Consortium (damages suffered by a spouse or family member)
• Punitive Damage (if the defendant displayed an intent to harm or disregard safety)

Taxi drivers make their livelihood on the road, and occasionally, they get into accidents. The taxi driver may be at fault, or the other driver may be liable.

Generally speaking, if you are a taxi passenger during an accident, you do not have to prove liability; that responsibility falls upon the drivers. Therefore, you can usually file a third-party insurance claim or personal injury lawsuit against one or both drivers if you sustain injuries.

What To Do After a Taxi Accident

Even though you might not be involved in proving liability, there are steps you can take following a taxi accident. They may help you if you file a claim.

Gather Names and Contact Information

Get the names, phone numbers and insurance information of everyone involved in the accident, including the taxi driver, other driver and any other passengers. If witnesses are present, write down their names and contact information. If you file a claim, your taxi accident attorney may need to speak with them.

You may wonder if gathering information from so many people is necessary, especially if the accident initially seems minor. However, you may require contact information later for people who can support your claim.

Take Photos

Take as many photos of the accident scene as you can. Capture different angles and try to get pictures of the following:

• Vehicles involved in the accident
• Debris on or near the scene
• Accident location
• Road conditions

You may also want to check the scene for any factors that may be pertinent to an investigation. Are there distractions that may have taken the driver’s attention away from the road? Are the traffic signals in working order? Does anything seem amiss or out of line with what others are reporting?

If you are too injured to take photos, see if a witness will take them for you.

Call the Police

It’s a good idea to call the police following an accident, even a seemingly minor one. A police report is a written, unbiased record of events during and after your accident. The written third-party information can be more effective in a claim than verbal accounts of people trying to recall details weeks or months later.

A police report contains the following information about an accident:

• Time and date
• Location
• Injuries to passengers and drivers
• Witness statements

You can obtain a copy of the police report once the officer files it. An accident attorney can use the information in the report to support your claim.

Call a Taxi Accident Attorney

The aftermath of an accident can be overwhelming. You may have doctor appointments, paperwork to file with the insurance company, or work and family responsibilities — all while dealing with injuries.

An accident attorney can help you with the details. Even if this is your first accident, your attorney has the knowledge and experience gained from many cases.

Your attorney can help you file paperwork on time, interview witnesses, and deal with the insurance company while you focus on taking care of yourself. Accident lawyers know how to get the compensation you deserve to cover lost wages and medical expenses.

Filing a taxi cab accident claim follows the same procedure as filing a claim after any auto accident. The first step is determining who is at fault because you will fill a claim with their insurance provider to request compensation for the damages they caused. If the question of liability becomes too complex, a personal injury attorney can help you understand which legal option will likely produce the best results for you.

Who Is Liable for a Taxi Cab Accident?

There are two common scenarios when determining fault in the aftermath of a typical auto accident involving passenger vehicles. Either one of the drivers is at fault because they violated the law, or both shared responsibility for the accident. When one of the vehicles is a taxi cab, and that driver is at fault, it does not affect your ability to file a claim as the other driver.

Reaching a settlement can become more complex if the taxi has multiple passengers injured during the accident. This is because more injured passengers can exhaust the amount of coverage available through the insurance policy more quickly. However, passengers can file claims with both driver’s insurance policies in cases of shared fault.

What if Both Parties Are At Fault?

Shared fault in a taxi cab accident works relatively the same as in any accident. Whether you were the cab driver or the other driver, the rule of comparative negligence will apply if you are both liable for the accident and the resulting damages. In practice, if you file a claim with the other driver’s insurance provider and are partially responsible for the accident, the compensation you receive will equal the total value of damages minus the amount equal to your percentage of fault. Additionally, there are two types of comparative negligence:

1. Under modified comparative negligence, you must be less responsible for the accident than the other driver. In some states, you can be 50% or less liable, and in others, you must be 49% or less responsible for remaining eligible to recover compensation.
2. Under pure comparative negligence, your percentage of fault does not render you ineligible for compensation unless you are 100% at fault.

States mandate which type of comparative negligence they will follow, and California applies the pure comparative negligence rule. Therefore, you can file a claim for damages if a cab driver hits your vehicle, causing bodily harm and property damage. If the taxi driver behaved recklessly or violated a traffic law, causing the accident, you may file a claim with their personal insurance. However, under certain circumstances, the taxi company could be vicariously liable for damages.

You have 2 years from the date of the taxi-involved accident to file your personal injury cause of action against the at-fault taxi driver and/or taxicab company.

California civil courts will allow a halting of the statute of limitation in some circumstances like:

• Victim’s Incapacitation – either physical or mental.
• A Victim’s Minor Status – until the injured person turns 18 years old.
• A Delayed Injury – an injury that was not immediately apparent after the accident.

You Need an Experienced Taxi Accident Victims Advocate To Protect Your Rights

If you are dealing with injuries resulting from a being struck by a taxi cab as a pedestrian or as a passenger involved in a taxi cab collision, it is very important to take action and contact an experienced, qualified auto accident injury attorney to deal with law enforcement, insurance companies and other parties of interest so you can begin healing and the process of moving forward. Call Johnson Attorneys Group at 1-800-208-3538 for a free case review. Learn more about clients we’ve helped by viewing our case results.

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