Taxi Cab Company Liability for Accidents – Common Carrier LawsUnder California common carrier laws operators of mass transit systems including taxi cab companies owe their passenger a heightened duty of care. There are several elements which must be proven in a personal injury case involving taxi cab accidents
- The at fault party (defendant) has a duty to the injured victim (plaintiff).
- The duty was breached; in other words the defendant failed to reach the level of care provided for under the law.
- The breach of the duty was the cause of the accident.
- The plaintiff suffered some type of harm as a result of the accident.
- Spinal cord injury – nerve damage and paralysis
- Facial injuries – lacerations broken nose and teeth
- Traumatic Brain Injury
- Eye and Ear injury – loss of vision
- Broken bones – hips, ankles, separated shoulder
- Torn ligaments and tendons
- Emotional trauma – PTSD, depression and anxiety disorders following an accident
Filling a Lawsuit and Statute of LimitationsVictims of auto accidents are given a certain period of time following the incident to file a civil case in the court of law. The failure to file a personal injury lawsuit within the statutory limitation set by the law will eliminate a victims right to financial recovery from liable parties. In the state of California the statute of limitations for filing an auto accident lawsuit is 2 years. What if I have not Filed in Time: In certain circumstances courts will allow for a halting or tolling of a statute so that victims can still possess their right to compensation. Some of the most common instances where courts have granted a tolling of a statute of limitations are as follows
- Physical or mental incapacitation of the victim.
- Injured individual was under the age of 18 – minors have two years from the date of their 18th birthday to file a claim.
- Injuries did not present themselves until sometime after the incident.