Each year thousands of passengers, pedestrians, and other motorists suffered serious injuries due to the negligent driving of taxi cab operators. Under Common Carrier laws taxi cab operators owe their passengers as well as other motorists on the road a heightened level of care. This means they must operated their vehicles in such a manner as to significantly reduce the risk of injury to others. Owners and operators of taxi cab companies are liable for the wrongful actions of their employees. As such liability is established when a failure proper operate their vehicle results in significant injury to an individual.
California Car Accident Laws – Negligent Driving
: Most car accident cases including taxi cab accidents
are filed under a negligence cause of action. There are several elements within a negligence based lawsuit which need to be proven.
Partial fault of Driver of Another Car – California Comparative Fault Statutes
- Driver has a duty td drive in a safe and reasonable manner
- The driver failed or breached his duty of care
- The breach of the duty resulted in the accident
- The plaintiff sustained injuries as a result of the accident
: California is a comparative fault state meaning that a plaiting retains the right to recover from an at fault party even if he was partially at fault. For example if the total amount of damages from a car accident is $100,000 and the plaintiff is placed 30% at fault a defendant can still remain liable for the 70% or $70,000 of the damages sustained.
Statute of Limitations for Filing a Taxi Cab Accident Lawsuit
: Car accident claims against private parties (non governmental entities) must be filed within two years from the date of the injury.
Steps to Take Following A Taxi Cab Accident
1. Gather information – name of the drivers involved, pictures of damage to the vehicle, license plate number of the taxi cab and name of the taxi cab company
2. Contact your local police department / law enforcement
3. If injured seek medical assistance
4. DO NOT speak with any insurance adjuster regarding the accident or extent of your injuries, any words or statement made can and will be used against you in any settlement negotiations
5. Contact an car accident attorney and ask for a legal consultation
: To speak to an personal injury attorney regarding the filing of a lawsuit for your injuries contact our law offices toll free at (855)385-2529. All legal consultations are provided free of charge.
Common Carrier Laws and Traffic Acciddent Liability
Uber and Lyft Accident Lawsuits