Car crashes of any kind can turn your life upside down by resulting in injuries and other damages, but what happens if you suffered an injury in a car accident in which you were not only a passenger but a paying customer as well? Knowing how to handle your situation and pursue compensation if you suffered an injury in a taxicab accident can be a complicated matter. Working with an experienced Seattle car accident lawyer lets you learn more about your legal options and how to plot a course to seek fair financial compensation.
Continue reading below to learn more about what to do after being injured in a taxi accident, and schedule a consultation with a knowledgeable personal injury attorney to discuss a possible case today.
Overview of Taxicab Accidents
People who suffer an injury in taxicab accidents are confronted with unique challenges to obtaining compensation. Drivers, passengers, and pedestrians who suffer an injury in such accidents can quickly find themselves filing claims against multiple parties covered by different insurance policies. Injured parties are searching for compensation for medical bills, lost income, property damage, and other harm suffered, which requires the skilled insight of highly trained legal professionals. Understanding the complexities of taxicab accidents and the legal process that follows them is important as you begin your pursuit of a fair resolution. Learning how liability in taxicab accidents is a good place to start.
Understanding Liability in Taxicab Accidents
Liability in a taxicab accident can be far more complicated than standard traffic crashes due to the involvement of multiple parties and the intricacies of commercial vehicle laws and regulations. Establishing which party (or parties) are responsible for the accident is the most important factor in deciding who should pay for any injuries or damages. Having an experienced lawyer will provide you with a strong start in the process of determining who was responsible for the accident and how to put together a plan to seek compensation. Knowing the potentially liable parties, the common causes of taxicab accidents, and the legalities involved is vital.
Determining Fault
As with other traffic accidents, determining fault in a taxicab crash is critical to your claim when pursuing compensation. In taxicab accidents, multiple parties can often share liability for the wreck. Some of the potential liable parties in a taxicab accident include:
The taxi driver: Negligence, distracted driving, speeding, and reckless vehicle operation can easily lead to accidents.- The taxicab company: The company that employs a negligent driver and is responsible for maintaining the vehicle may be held accountable.
- Other drivers: Liability can be shared if another vehicle caused or contributed to the collision with the taxicab.
Identifying the responsible party — or parties — will allow you and your taxicab accident attorney to build a strong case that you should be entitled to compensation.
Common Causes of Taxicab Accidents
Like other vehicle accidents, taxicab crashes can be caused by a wide range of circumstances and factors, from driver negligence to weather conditions. Some of the most common causes of taxicab accidents include:
- Speeding: Taxi drivers who exceed the legal speed limit can reduce their reaction time and create dangerous situations on the road.
- Reckless driving: Erratic behavior, failure to adhere to standard vehicle safety rules, and other issues can lead to accidents.
- Distracted driving: Inputting information into a GPS device, talking on a cell phone, texting, and other habits can divert a driver’s attention.
- Driver fatigue: Working long hours behind the wheel can leave drivers susceptible to exhaustion and impair alertness.
- Improper vehicle maintenance: Faulty brakes, worn tires, and other vehicle issues can lead to dangerous accidents.
Understanding these factors and identifying potential causes can help determine who can be held liable for the accident and narrow the focus of your claim.
Taxi Drivers & A Legal Duty of Care
As commercial vehicle operators, taxi drivers are held to a high standard under laws and regulations. A heightened legal duty of care applies to commercial vehicle drivers to ensure the safety of other drivers and passengers. Failure to uphold a legal duty of care owed to other motorists and individuals will leave a taxi driver vulnerable to insurance claims and legal action that result from accidents they cause. If you suffered an injury or sustained other damages in a taxicab accident that you believe was caused by the taxi driver, you can make the argument that the driver breached this legal duty of care.
Pursuing Compensation After a Taxicab Accident
If you have suffered an injury in a taxicab accident, pursuing financial compensation should be your top priority. A successful bid to obtain compensation following an accident can provide you with money to pay medical costs, reimburse you for lost income, and cover the repair or replacement of your vehicle. Working with an experienced lawyer to determine who was at fault for the accident and plan the best course of action to proceed is the best roadmap. Your attorney can provide detailed counsel and in-depth explanations for each step of the legal process.
Types of Damages Available for Compensation
Following a taxicab accident, injured victims may file claims in an attempt to recover different types of damages to compensate them for physical, financial, material, or emotional harm. These damages can be categorized as either economic or non-economic damages. Common types of damages sought after such an accident include:
- Medical expenses: Hospital stays, treatment, surgery, medications, and rehabilitation.
- Lost income: Compensation for income lost due to being unable to work.
- Pain and suffering: Emotional distress stemming from physical injuries and anxiety.
- Property damage: Repair or replacement for damaged vehicles or other property.
- Lost earning capacity: Compensation for injuries that affect income potential.
Your personal injury lawyer will work with you to determine which damages apply to your situation and proceed accordingly.
Filing a Claim Against the Driver or Taxi Company
People injured in car accidents can file insurance claims against multiple parties, depending on the specifics and which party (or parties) may be determined to be at fault for the crash. In cases involving taxicabs, these potentially liable parties can include the taxi driver and the taxicab company that owns the vehicle and employs the driver. Taxicab companies often carry larger commercial insurance policies with higher coverage limits, opening the door to potentially higher settlement amounts. Filing a claim against the driver and/or taxicab company involves working with your lawyer to gather all available evidence to prove negligence on the part of the responsible party or parties.
Filing Claims Against Third-Party Drivers
In some types of taxicab accidents, a third party may be determined to have been partially or fully at fault for the wreck. Filing a claim against a third-party driver also necessitates proving that negligence on the part of that driver led to the accident. Claims involving third parties can be more complicated, as it adds another insurance company to the situation. Your taxicab accident lawyer will investigate and attempt to use witness testimony and possibly traffic camera footage to build your case against the third party. Negotiations with the third party, the taxicab company, and their insurance providers will benefit from skilled legal representation.
Legal Challenges in Taxicab Accidents
While victims of any type of accident can face obstacles in the way of obtaining compensation, taxicab accidents often present a unique set of complications. Commercial vehicles — including taxis — are subject to different insurance coverage requirements and regulations, resulting in more complex policies. Liability in the situation can also be affected by whether or not the driver of the taxicab involved in the crash was an employee or simply an independent contractor. Taxicab companies and insurance providers may also use aggressive tactics to defend themselves against claims to minimize payouts. Understanding these challenges is important when you start the claims process.
Commercial Insurance Policies
Commercial insurance policies, while similar in some ways to the types of policies carried by other vehicle operators, do differ from personal car insurance coverage policies in specific ways. Commercial policies often carry higher coverage limits, which can potentially give injured parties opportunities to receive more compensation. It is worth noting, however, that commercial policies are often more aggressively defended by insurance companies to prevent such large payouts whenever possible. Filing an accident claim against a commercial policy necessitates skilled preparation and careful navigation. A skilled lawyer can guide you through the complexities and handle negotiations with the taxicab’s insurance company.
Independent Contractors Vs. Employee Drivers
One of the most prominent challenges posed by taxicab accident claims is determining whether the taxi driver was an independent contractor or a full-fledged employee of the taxicab company and navigating how this distinction can affect liability. If the driver was an employee, then the taxicab company may be held vicariously liable, but if the driver is legally classified as an “independent contractor,” the taxicab company may claim it bears no responsibility in the accident, leaving the driver as the only liable party. Your attorney will look into the specifics of how the taxi driver is classified and determine the best course of action.
Common Defenses Used by Taxi Companies & Insurers
Taxicab companies and insurance providers are typically well-versed in defending themselves against accident claims filed by injured parties, a fact that leaves them prepared to offer up several potential defenses to dispute liability in accidents and minimize potential payouts. One simple defense is to argue that the taxi driver did not cause the accident. Another is to attempt to downplay the severity of the injuries suffered by the claimants. Delaying medical treatment or failing to adhere to a physician’s treatment plan can leave the door open to insurers claiming that at least some of the damage is the fault of the plaintiff. Having a personal injury attorney who is used to dealing with these types of defenses is extremely valuable.
Settling a Taxicab Accident Claim Vs. Going to Court
While many taxicab accidents are resolved through out-of-court settlements, every situation is unique and may require different strategies. A settlement allows injury victims to obtain compensation without going through a lengthy and expensive court battle. Settling can be advantageous for this reason, resulting in the injured party receiving a lower amount that can be obtained by winning a trial, but it does avoid the somewhat unpredictable nature of a judge or jury’s decision. In your specific case, your lawyer will examine all the circumstances and evidence to help determine whether your best option is to seek an out-of-court settlement or take your case to trial.
Why You Need an Attorney in a Taxicab Accident Case
Attempting to navigate the complicated legal landscape of a taxicab accident claim without the help of a highly trained attorney is never your best option. An experienced lawyer who has a track record of guiding people through similar situations can help in a variety of ways, including:
- Negotiation: Communicating with insurers and other parties can relieve a heavy burden while protecting your rights.
- Maximizing compensation: You deserve the best opportunity to obtain the highest amount you can get to help recover physically and financially.
- Litigation experience: If your case goes to trial, having a professional attorney who can advocate for you is vital to achieving your desired outcome.
With so much depending on the result of your taxicab accident claim, you owe it to yourself to work with a knowledgeable attorney.
Contact an Experienced Taxicab Accident Lawyer for Help Today
Christopher C. Walton, Seattle Car Accident Lawyer
Being injured in a car accident is always an unpleasant and stressful experience. When you suffer an injury in an accident as a passenger in a taxicab, things only become more confusing and frustrating. By working with a skilled Seattle personal injury attorney with experience in helping victims of taxicab accidents, you can seek the compensation you need to pay your medical bills, cover your lost income, and give you the opportunity to move forward. Don’t make the mistake of attempting to find your way through your taxicab accident claim on your own. Contact a knowledgeable lawyer today to schedule a consultation to discuss your case.