Being on the road, particularly in a city such as New York City, can be dangerous and makes you particularly prone to being involved in a motor vehicle accident involving a taxi cab or directly with cab drivers. This article shall address taxi cab injuries and what to do if you are involved in one.
If you are involved in an similiary type of accident, taxi being active or inactive, whether you’re the passenger of the taxi or were hit by a taxicab driver, you are entitled monetary damages for the pain and suffering you sustained from the taxicab accident.
Different Types of Taxi Cab Accidents
Taxi cab accident. Two types explained. When it comes to taxi cab car accidents and taxi accidents, generally, there are two main types of an accident case, that involve a taxi cab accident. The most common types of taxi cab accidents include:
A. When you are not a passenger of the taxi cab, and are actually hit by a taxi cab
This is the first type. In this kind of taxi or cab accident, you are either
- in another vehicle and get hit by a taxi cab, or
- you are a pedestrian and get hit by a taxi cab.
In these types of accidents, the taxi cab driver is the negligent party and you are the victim or injured party. An example of this would be if you are driving your vehicle, cross the intersection, and a taxi cab driver runs a red light and T-bones right into you.
The other type of accident is when….
B. Hitting another car while being a passenger in a taxi cab.
This is the second type. In this kind of case, you are actually a passenger of the taxi cab driver and either
- the taxi cab driver was negligent and caused the collision
- the accident was caused by another vehicle.
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In both types of cases, it is important to analyze who the negligent party was and who you should sue. As such, consulting an accident taxi lawyer will help you guide through the process.
Most Common Issues with Taxi Cab Accidents
Common issues with these types of cases. When dealing with NYC taxi accident, there are two commons issues that can typically arise.
- Issues in an accident include both drivers being at fault and where the insurers dispute the extent of each driver’s liability. In this type of situation, the injured party or victim is subject to the whim of each negligent driver. Since neither driver wants to admit to liability, this puts the injured party in a precarious predicament, thereby forcing them to have to accept less money than what their injuries may be actually worth.
An example of this is where you are injured and were a passenger in a taxi. Both the taxi driver and the other driver are at fault but the dispute is over how much each driver was actually liable. In such a situation, since most likely neither driver will say that they are the ones liable, unless the passenger is willing to accept less than what their injuries are worth, the case will not be able to be resolved until it goes to a jury trial.
- The second common issue is when there are multiple injured victims and only a single liable party. In that case, the various injury claims may exhaust the available insurance coverage, which means that the injured party may be forced to accept a settlement or award that is less than what their injuries are worth. It’d be as if there were one hundred and and only one entire pizza to eat. Since everybody has to share in the pie, each diner will get a small and smaller piece.
Common Types of Taxi Cab Accidents
A passenger injured in taxi accident. Different types of taxicab accident injuries . If the passenger is injured in a taxi, it is very important to find out just who the negligent party is and who exactly it is you have to sue.
One common type of taxi cab accident is when the taxi cab driver is the negligent party and you are only suing the taxi cab driver individually. In that type of case, you are suing the taxi cab for their negligence in causing the accident. Most of the time, taxi cab drivers are independent contractors and are not employees of the taxi cab company, so you will be unable to pursue any claim against the taxi cab driver.
Another common type of taxi cab accident is when you try to sue both the taxi cab driver, who’s negligence caused the accident, but you also sue the company that the taxi cab driver works for. For instance, even if the taxi cab driver caused the accident due to their negligence, you can sue not only the taxi driver individually, but also the taxi company itself for negligent hiring. If that taxi cab driver, regardless of whether they were an employee or independent contractor, had a history of bad driving and the company hired them anyway, you can sue the taxi cab company for negligent hiring.
Another common type of taxi cab accident is if another driver separate from the taxi cab driver was also negligent, then you can sue that driver as well. This often occurs during multiple car accident
Accordingly, it is important:
- to hire an experienced taxi cab lawyer to analyze the case and find out who may be liable
- seek out the insurance company or insurance companies
- to find out what the amount of the insurance coverage is.
What to Do in a Taxi Cab Accident?
A passenger in car accident? What do you do? Whether you are a passenger in a car accident or a car accident taxi passenger, it is imperative to know what to do and what not to do when involved in a personal injury situation.
Things You Must Do
- Document the entire accident. Even if the police are involved, you should document your version of what happened. Accordingly, make sure you write down everything that happened or that you can remember as soon as you can.
- Take pictures, including pictures of any vehicle damage to all of the vehicles. Also, take pictures of any streaks or marks on the road or any bruises to your body.
- Get the contact information of any witnesses. This includes names, addresses, and phone numbers. You may need them to testify or to give a statement in the future, and too often, there may be witnesses to the accident, but then there is no way to contact the witnesses.
- Seek medical attention right away, even if just for an examination. Too often people will wait to seek medical attention. However, the longer you delay, the less likely the insurance company will consider the treatment as part of your injury.
Things You Don’t or Must Not Do
Just as there are some things you should do, there are some things you should not do.
- Don’t Admit Fault In Accident. Admitting fault in taxi accident will not only decrease the chances that the insurance company will accept the claim, but consequently it will also decrease the chances of being able to claim any money damages.
Even if you have already admitted fault, that doesn’t mean your case is over, however. New York is a pure comparative negligence state. A claimant’s negligence will not bar recovery, but the damages recoverable will be reduced in proportion to their negligence. This means that if you admit you were 100% at fault, you increase your chances of receiving nothing. In contrast, if you admit you were 20% at fault, then any recovery may be reduced to 20%.
Even if you really are at fault, let the insurance company or police officer determine that. That’s their job and it is the insurance company’s responsibility to determine that during their investigation. It’s not your responsibility to admit fault, so don’t do it.
- Discuss Your Injuries
It’s often very tempting to tell inform somebody that you’re okay or that you’ll be fine. Don’t do it. Oftentimes, immediately after a collision, the other party or someone will ask if you’re okay and you’re immediate response will be to inform them that you are not injured or to tell the police that you don’t need immediate medical care. Such admissions may hurt your case, so it is best to either admit injuries or to just say nothing or say you’re not sure yet.
- Post About Case or Your Activities On Social Media
It is human instinct to report your traumatic injury to your friends and family by posting about the accident on social media, such as through Facebook. Don’t do it. Posting about your activities subsequent to the accident or about the accident itself could backfire on you. For instance, if you have an accident and the following weekend you’re posting pics of you socializing with your friends at a bar for a birthday party, those photos or posts may be used to show that you were not as injured as you really were.
Accordingly, it is best to consult a taxi attorney to discuss specifically what you should or should not do after your taxi cab accident.
Suing The Taxi Company
Can you sue a taxi company? Your right to compensation for taxi accidents . If you were involved in a personal injury accident involving a taxi and/or were a car accident taxi passenger, you have the right to be compensated for damages for your pain and suffering. As stated earlier, not only can the individual taxi cab driver be sued for their negligence in causing the accident, but the taxi cab company may also be liable too. This can be established by a number of ways.
One way is in which if the company hired the taxi cab driver knowing full well that the taxi cab driver was already unfit to drive to begin with. Perhaps the taxi cab driver was driving on a suspended license, had a DUI, or had an extensive history of accidents or citations. In such a case, you may have a claim against the taxi cab company for negligent hiring.
Another way in which the company may be sued is by agency. If one of the company’s drivers commits a negligent act while in the course of their employment, by default, the company may be liable for the negligent actions of its employee.
Accordingly, only an experienced taxi cab attorney can analyze your case and discuss with you the possibilities of who may be liable for your taxi cab injuries, and whether or not the taxi cab company may be liable.
Gathering Evidence
What evidence is collected for a NYC taxi accident claim? Whether you are a passenger in a car accident or a car accident taxi passenger, a NYC taxi accident is a very serious matter and must be treated as such. In order to prove your damages, your taxi cab lawyer must prove negligence. They can do so by introducing various pieces of evidence. This may include:
- The police report,which may indicate if somebody was negligent if they were ticketed for committing a traffic violation. If a person is ticketed, it makes establishing liability a lot easier because that is indicative that the officer found somebody at-fault.
- Eyewitness testimony and the statements of any witnesses. Again, the more witnesses there are to the accident, the less the accident is questioned regarding liability and who is at fault.
- Surveillance video of accident to establish liability and just what happened.
- Photographs of the vehicles, which may indicate the impact and destruction caused by the collision. Oftentimes, the insurance company may deny a claim stating that the injuries could not be severe because it was a low-impact collision. Photos may help dispute that argument by showing the degree of damage there was to the vehicle(s).
- Medical testimony from your doctor, which will establish your damages. This is particularly important if the victim has a preexisting condition and the injury aggravated his condition. You will need medical testimony to establish that fact.
- Wage information establishing lost wages.
- Medical records establishing any permanent disability and medical treatment. Theoretically, the more medical treatment you receive, the greater the degree your pain and suffering you’ve endured.
Accordingly, an experienced taxi accident lawyer will help develop the evidence necessary to prove liability and damages for pain and suffering.
What is the Cost to Hire a Taxi Cab Attorney?
How much can the taxi accident lawyer cost me?
An accident attorney will work on a contingency fee basis, which means that they only get paid if they win or settle your case. Accordingly, they will get a percentage of whatever money they make for you.
That being said, accident attorneys are a dime a dozen, so choosing the right taxi accident lawyer is a very selective process. Before you hire a law firm, you need to discuss what trial experience they have and whether they have the ability and knowledge to be able to successfully litigate for you. Oftentimes, the insurance company will deny a claim or may offer a smaller amount based upon the fact that they know that the attorney they are up against won’t file the claim in court or have a very bad track record of not being able to convince a jury at trial . Insurance companies sometimes make offers based upon the taxi cab lawyer that they are dealing with. Accordingly, you’ll want to hire an attorney with a successful track record of litigation experience. You’ll want a taxi cab lawyer who is familiar with the litigation process and knows their way around a courtroom.
Please contact the Law Office of Yuriy Moshes for a free consultation and for their contact information. We represent victims of taxi cab injuries in the greater New York City area including all its boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York.
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