I was the driver of a taxi that was involved in a collision. Can I sue the other driver?
By GNGF on January 19th, 2023 in
A good personal injury lawyer will make claims against all responsible parties if you are seriously injured while driving a taxi. This could include claims against the taxi driver, the taxi company, and the other vehicle involved in the accident on a case-by-case basis. Claims may also be made with your insurance company for personal injury protection and uninsured/underinsured motorist protection.
Driving a taxi and getting into an accident can pose a complicated situation. As a taxi driver, while claims can get complex when you are the driver at fault if you were not at fault for the accident, then filing a claim is more straightforward. When the other driver was at fault for your accident while you were driving a taxi—whether you had passengers or not—you will file your claim for damages against the other driver’s insurer, as would any passengers you had in your taxi at the time. If, however, the at-fault driver happens to be uninsured—or if your damages exceed the limits on the driver’s insurance, then you may need to file against your own insurance.
This is assuming that you have uninsured/underinsured motorist coverage on your insurance policy. In the unfortunate event that the other driver is uninsured, and you do not carry uninsured/underinsured motorist coverage on your own insurance, you could potentially file against the taxi company, but this is less likely to be successful. It is important that you have an experienced taxi accident attorney who can determine the at-fault party, then build a claim on your behalf that will fully compensate you for your injuries and damages.
What damages can I recover in a taxi accident case?
These are the elements of damages that the negligent taxi driver and taxi company is required to pay in a taxi accident: all reasonable medical bills, both past and future, lost wages, the lost ability to earn wages in the future, loss of household services, pain and suffering, mental anguish, permanent impairment, and disfigurement. A reasonable settlement should include compensation for all your medical bills and lost wages, a significant sum for pain and suffering, and any other harms and losses.
Of course, your damages will be dependent on the actual facts of your case, as well as who is deemed to be at fault for the taxi accident. If fault is clear and your claim will be against the taxi driver, the taxi company, and/or the taxi maintenance company, then you are entitled to a full settlement for your damages. Medical expenses and lost wages fall under economic damages because they can be easily quantified—that is, there is a specific monetary figure attached to these damages.
Medical expenses can include and are not necessarily limited to costs of ambulance and hospital, surgical and physician expenses, prescription drug costs, the cost of rehabilitative therapies, and any assistive devices you may need as a result of your injuries. If your injuries are expected to require medical treatments for an extended period of time, your attorney will talk with your physician to determine a realistic figure for those future medical expenses.
Lost wages and lost future wages will be determined, based on your age, your job prior to the accident, and the likelihood that you would have advanced in your career. Pain and suffering damages are considered non-economic damages because they are less easy to quantify. Only you know how much physical or mental pain you have suffered as a result of the accident.
Your attorney may ask that you keep a record of how your physical and mental pain has changed your life. If you are unable to do certain things because of your accident, or if the accident has diminished your quality of life, these will be a part of your pain and suffering damages.
How the Harmonson Law Firm in El Paso, TX, & Las Cruces, NM, Can Help
If you have been injured in a taxi accident in El Paso, Las Cruces, or surrounding areas, you may be feeling overwhelmed regarding your injuries, your inability to work, and your financial situation. At the Harmonson Law Firm, we can take this burden from your shoulders, allowing you the time you need to heal while we handle the investigation, gather evidence, build a case on your behalf, then negotiate with the insurer for a full settlement.
While few claims actually end up in court, we are always one hundred percent prepared to go to court when necessary. Attorneys Clark Harmonson and Hadley Huchton have the skill and experience necessary to deal with complex personal injury or medical malpractice claims. What sets Harmonson Law Firm apart is the level of commitment and compassion we have for each of our clients. You receive the highly personalized attention of a dedicated firm when you contact Harmonson Law Firm. Please note that nothing herein is meant as legal advice specifically related to your case.
