In larger cities, traffic accidents involving taxis aren’t that uncommon. Still, they can happen anywhere, and every year across the nation thousands of pedestrians, passengers, and drivers suffer serious injury as a result of cab driver negligence. Most states have Common Carrier laws that obligate cab drivers to operate their vehicles in such a way as to significantly reduce the risk of injury to others. This means that cab companies are liable for the actions of their employees. So, yes, you can sue the cab company if you get in an accident.
When a Cab Hits Your Vehicle
If a cab hits the vehicle you’re driving, you have a standard two-car accident case on your hands. As is standard in all such claims, you will have to prove that there was negligence on the part of the cab driver, that she was at least in part at fault for the accident, and that you incurred compensable damages. If you can prove the cab driver was negligent, you can likely win your claim or case. The only real difference here is that you won’t be dealing with the individual cab driver, but rather with the cab company. And with big insurance companies on the side of the cab company, a qualified attorney becomes nearly indispensable.
When You Are a Passenger in a Cab
The other most likely cab-accident scenario is that in which you are riding as a passenger in the cab. If you are injured a passenger in a cab that was involved in an accident, you have a standard passenger car accident injury claim or case. Generally, it’s easier for passengers to win a claim or case because they don’t have to prove liability. In a two-car accident in which one of them is a cab, almost certainly one of the drivers will be shown to have been negligent. As a passenger, in that case, you just have to file a third-party insurance claim against one or both of the drivers and then let them battle out the liability/negligence issue.
Filing a Cab-Accident Personal Injury Claim
Most of the time, a cab-accident claim will proceed like any other claim. If you were the driver of a car in an accident with a cab, you simply file a third-party insurance claim or bring a personal injury lawsuit. If you were a passenger in a cab involved in an accident, you will file claims with all the drivers’ insurers (unless one of them was obviously not negligent).
If, however, the accident occurred in a no-fault insurance state, you will likely need to file a Personal Injury Protection or no-fault claim to receive compensation for medical expenses and lost wages under your own coverage. If you were a passenger in a car involved in an accident with a cab, then you will need to file a claim against the insurer of the car in which you were riding.
Cab-Accident Claim Difficulties
The two main problems you may run up against in cab-accident claims are:
- Two-car accident in which both drivers may be at fault or negligent – In this situation, a claim or case can be arduous and lengthy because both insurers will dispute vigorously the amount of negligence.
- Multiple passenger injury claims – These claims (and cases), owing to the huge amount of damages for which compensation is sought, can exhaust the amount of available insurance coverage.
Personal injury claims and cases where a cab is involved can seem fairly simple and straightforward on the surface. But they can quickly become complex and hard fought. So, yes, you can indeed sue the cab company if you get in an accident, but you’d better have an experienced attorney in your corner. Contact a member of the Trusted Lawyers Network to discuss your claim or case.