Passengers in taxicabs are at just as much risk for an accident as other vehicle passengers. Unfortunately, there are some extra unique challenges that cab passengers may face when they attempt to pursue a taxicab accident claim. The following explores some of these little-known obstacles and explains how you may be able to overcome them in your case.
Cab Drivers Are Held to Higher Safety Standards
Taxicabs are considered “common carrier” vehicles. Because of this, the state of California holds them to a higher standard of safety. Even the smallest amount of negligence could make the driver responsible for the injury of a passenger, pedestrian, or another road user. Drivers and cab companies are also required to maintain their vehicles to ensure safety. Again, any failure to do so could make them liable for the injuries that a passenger experiences.
Drivers May Not Be Employed by the Company
Unlike other “common carrier” drivers, taxicab drivers are not always employed by a specific company. Instead, many are independently contracted and are only affiliated with the company listed on the side of their vehicle. This can create some complexities in pursuing a claim, and victims often struggle to make it through this confusing process.
Lack of “Employment” May Not Excuse the Cab Company from Liability
Taxicab companies may not always employ their drivers, but that does not necessarily excuse them from fault. There may still be circumstances in which they could be considered liable. For example, if a cab company contracts a driver with a history of driving under the influence and a passenger is injured because of driver intoxication, the company could be held liable.
Multiple Parties Could Be Considered Liable
Cab drivers may not be the only negligent party in a taxi cab accident. Other drivers, pedestrians, truck drivers, and other individuals could also be responsible. While this could ultimately increase a victim’s compensation, it can also increase the complexity of the claim.
Not pursuing one or more negligent parties for compensation could reduce the overall payout. As an example, consider an accident in which the cab driver is considered only thirty percent negligent; the victim may receive a settlement, but the settlement would have been far more if they had pursued the party who holds the additional 70 percent of the fault.
Contact Our San Diego Taxicab Accident Lawyers
At Martinez & Schill, LLP, we fight for the rights and best interests of accident victims. Seasoned and experienced, we can handle even the most complex of personal injury cases. Schedule your consultation with our San Diego taxicab accident lawyers to learn more about how we can help with your case. Call 951-200-4630 today.
Source:
http://www.sfgate.com/business/article/SF-jury-finds-Yellow-Cab-liable-for-8M-accident-6352539.php