I was a passenger in a motor vehicle that was involved in a collision with a taxi. Who can I sue?
By GNGF on January 19th, 2023 in
If you are a passenger in a car that is hit by a taxi, you may have potential claims against the taxi company, the taxi driver, and the driver of the vehicle in which the passenger was riding, as well as the maintenance company, and the manufacturer of taxi parts. Claims against the taxi company may be more difficult because the drivers are normally independent contractors—but not always. In that case, it is important to learn if the taxi company negligently entrusted its taxi to an incompetent driver. A good personal injury lawyer will determine who to sue to ensure that the passenger’s recovery is maximized after the accident.
There has been much discussion regarding the issue of whether a taxi driver is an independent contractor (like Uber and Lyft drivers) or an employee of a taxi company. While the issue has come before many different courts across the United States, taxi drivers are generally considered independent contractors.
This means that when you have an accident that involves a taxi driver, you may have a claim against the driver, or against the taxi company—or perhaps both. Who you will file your claim with depends on your exact situation. If you are the passenger in a motor vehicle that was involved in a collision with a taxi, then fault must first be established in order to determine who you will file a claim against.
If the driver of the vehicle you are in is at fault for the accident, then you would file a claim against that driver’s insurance. If the taxi driver was at fault, then they may have their own insurance that covers an accident—particularly if they own the taxi, and possibly even if they lease the taxi they drive. Otherwise, the taxi company’s insurance would be who you would file a claim against.
If the driver of the vehicle you are in is found to be at fault, but they have no auto insurance, then you might file against your own insurance—assuming you have uninsured/underinsured motorist coverage. In the event the taxi driver is at fault and the taxi company’s insurance pays for your damages—but your damages exceed their limits—you might also be able to file with your own underinsured motorist coverage to cover damages not covered by the taxi company.
Do I need to hire an attorney for my taxi accident claim?
Perhaps the single most important decision you will make after being hit by a taxi is hiring the right personal injury lawyer. A good injury lawyer is worth his or her weight in gold. A good injury lawyer can discover all potential claims to pursue against the taxi driver, the taxi company, and the other driver who caused or contributed to the accident all with the goal of recovering the most money possible for your injuries.
Because it can be difficult to determine who is liable for your accident when it involves a taxi driver, having an experienced personal injury lawyer is crucial to the outcome of your claim. In addition to the taxi driver and the taxi company, the taxi maintenance company may also bear some liability for your accident if poor maintenance was responsible for the accident. In some cases, a defective part on the taxi is responsible for an accident, meaning the manufacturer of that part could also be held liable. Trying to determine liability on your own is rarely if ever a good idea.
You deserve the time to heal from your injuries while your attorney fights for a full and fair settlement on your behalf. This includes determining who is liable for your accident by thoroughly investigating your accident. Your attorney will obtain police reports and subpoena any video cameras in the area.
He or she will also talk to witnesses, and even obtain the “black box” from the taxi company to determine how fast the taxi driver was driving and if any hard braking was involved. Once liability is determined, your attorney will calculate what your claim is worth, then negotiate a settlement. If the insurance company refuses to pay a fair settlement, your attorney will file a lawsuit on your behalf.
How the Harmonson Law Firm Can Help If You’ve Been Hit By A Taxi
Once you hire the Harmonson Law Firm, we will take all the necessary steps to establish and safeguard your claim. We will help you get the medical treatments you need; we work with physicians, facilities, and therapists to ensure you are treated appropriately. Attorneys Clark Harmonson and Hadley Huchton understand that you are likely feeling stressed and maybe even overwhelmed. We will do everything in our power to alleviate those feelings.
At Harmonson Law Firm, we always go the extra mile for our clients, and we will do the same for you, always treating you with dignity and respect while giving you the personalized service you deserve. If you’ve been injured by being hit by a taxi driver in El Paso or Las Cruces, the Harmonson Law Firm can help. Don’t wait—contact the Harmonson Law Firm today. Please note that nothing herein is meant as legal advice specifically related to your case.