Taxi cabs are often aggressive drivers. This is because they are often on a deadline and racing to make money to pay for a fair. Cab drivers are not necessarily owners of the cab they operate. Instead they rent/lease the cab, and pay rent to the operator. As a result this desire to constantly meet quotas and satisfy the cost of operating the cab, taxi cab drivers cause or are involved in a number of accidents. This can include rear ending other drivers or in certain cases hitting a pedestrian. Here, we will discuss the rights of a passenger and automobile who was rear ended by a cab. If you have been injured know your rights.To speak with a taxi cab accident attorney contact our law offices (855)385-2529.
Passenger Rights in Taxi Cab Accidents: Taxi cabs are considered common carriers. To determine whether a carrier i.e. taxi cab, bus company is considered a common carrier, certain factors are considered. According to The California Book of Standard Civil Jury Instructions these factors include, having a business that is involved in the transport of passengers, advertising its services as such and standard fees are charged.
A common carrier owes its passengers the highest duty of care. Any injury sustained by a passenger while in transit, is the responsibility of the common carrier. If you were injured, you have a potential claim against the operator for your injuries.
If the cab you were traveling in was rear ended, you will have a cause of action against both the cab company, and the party responsible for your injuries. In rear end accidents that are deemed the fault of the other party, you will pursue a cause of action against them for injuries. In certain cases at fault drivers may not be carrying insurance, so it is possible to recover from the common carrier insurance.
If you were rear ended by a taxi cab a different set of laws will apply. These types of cases are treated as regular car accident cases. However, in certain situations sufficient insurance may not exist to properly satisfy your claim. In such cases issues of uninsured motorist or underinsured motorist coverage may apply. In either case it is necessary that you make sure that the case is properly handled and that you receive just compensation for your injuries.
Driver Rights in Rear End Accidents: If you were rear ended by a taxi cab the laws are a little different. These cases are generally handled as a standard car accident case. However, the at fault party or the taxi driver may not have sufficient coverage. Depending on how the independent contractor agreement is structured you may not be able to pursue the larger insurance policies. This is of particular importance when considering the degree of injuries. If you have significant injuries then it is important to attach the insurance policy for the at fault driver.
However, being able to actually such policies can be difficult. While the insurance company will provide coverage for a passenger, they will likely not be in place or provide coverage for accidents to pedestrians or other drivers. This will depend on how the insurance agreement is drafted. It is important that this element of your case be evaluated in order to help maximize case value.
Steps to Take After your Accident: If you were involved in an accident you to take certain steps to secure your rights. If you were involved in an accident here are few things you should do.
- Seek immediate medical attention for your injuries. Never attempt to self diagnose yourself as you may be seriously hurt.
- Do not make any statements to insurance companies. This will only hurt your case. Insurance companies will usually take recorded statements to ultimately deny liability on your case. Never make a statement to insurance companies before speaking with a personal injury lawyer.
- Contact a personal injury attorney to discuss your rights.
- Taxi cab accidents can be serious. Often times these cases can become complex . When passengers are not wearing a seat belt and suffer a broken nose or other facial injuries, insurance companies will routinely deny your case. What this means is that they will use certain deficiencies or issues with your case to deny liability or limit liability.
If you were injured contact the Downtown L.A. Law Group for a free, confidential no obligation guarantee. Our cases are handled on a contingency fee basis, which means if we don’t recover you will not owe us any money.