Who Is Liable for a Taxi Cab Accident? Taxi cab companies, drivers, and other parties could be liable for a taxi cab accident in Las Vegas. If you suffer injuries and other damages in a taxi accident, you may be able to recover compensation from these parties in a claim or lawsuit.
If you would like to find out what options are available to you following an accident, call George Bochanis Injury Law Offices at 702-388-2005 to schedule a free consultation with a taxi cab accident attorney.
What Are the Responsibilities of Taxi Cab Companies in Nevada?
Taxi companies in Nevada have certain responsibilities under state law to provide a safe means of transportation for customers and keep drivers safe on the road.
The following are some of the responsibilities that these companies have:
Purchasing a Certain Amount of Insurance
Under Nevada law, taxi companies must purchase accident insurance. Specifically, these companies need to carry a minimum of $500,000 to cover all bodily injuries, $250,000 per person to cover bodily injuries, and $50,000 in property damage coverage.
If the company fails to purchase sufficient insurance coverage, the company could be directly responsible for damages resulting from a taxi cab accident. However, the company wouldn’t be liable if another uninsured or underinsured motorist causes the accident.
Hiring Safe Drivers
Taxi companies must also take steps to hire responsible drivers who are likely to practice safe driving habits. Unlike rideshare services like Uber and Lyft, taxi drivers tend to work directly for taxi companies, which is why these companies may be liable for negligent hiring.
Drivers working for taxi companies must undergo medical and background checks before they can become employees. Additionally, they must carry a valid driver’s license at the time of employment and during their service.
Failure to hire drivers with the right protocols could make the taxi company liable if the driver operates a cab in an unsafe manner and causes an accident that results in injuries.
Maintaining Their Vehicles
Additionally, taxi companies in Nevada need to properly maintain their fleets. While rideshare services allow independent contractors to use their own vehicles, taxi companies have their own vehicles, making them responsible for maintenance.
For example, taxi companies need to ensure that vehicles have properly secured parts, and they need to make any necessary repairs or replacements with the help of qualified mechanics.
If a vehicle experiences mechanical failure that results in an injurious accident, the company could be liable for damages.
When Can the Driver Be Held Liable for the Accident?
Although Nevada safety laws keep people safe in many instances, taxi drivers could practice unsafe habits that lead to an accident, making them responsible for damages resulting from an accident.
Generally, a taxi driver could be liable for a taxi accident if he or she engages in negligent behavior that directly contributes to the accident. For example, a driver could engage in distracted or reckless driving, or he or she may exceed the speed limit in an attempt to get to a destination faster. In these instances, drivers would need to cover injuries and other damages resulting from an accident.
Other Parties That May Be Held Liable for a Taxi Cab Accident
In addition to taxi companies and drivers, there are other liable parties in taxi cab accident injury cases.
Some of the other reasons why taxi trips send passengers to the hospital could involve:
The Negligence of Other Drivers
Oftentimes, other drivers on the road may negligently operate their vehicles and cause taxi cab accidents. They may speed, experience road rage, or otherwise engage in unsafe behaviors. In these instances, a taxi company would not cover the damages related to the accident. Instead, you would file a third-party claim or lawsuit against the other driver to recover compensation.
Negligent Vehicle or Parts Manufacturers
Vehicle and parts manufacturers could also be liable for damages if they fail to design or manufacture safe vehicle parts. Design or manufacturing defects could cause a vehicle to malfunction, in which case you may be able to recover compensation from the company behind them.
Negligent Government Entities
Local and state governments may be liable for accidents if they fail to properly maintain roads. For instance, road workers may leave equipment on the road and neglect to put up signage warning drivers of work areas. In other cases, governments may allow the formation of dangerous potholes, cracks, or other conditions that they should have been aware of and addressed, making them responsible for accidents resulting from these hazards.
With the help of an experienced taxi cab accident lawyer, you can identify who was at fault for an accident and determine whether insurance for taxi drivers will help cover the damages, depending on the circumstances.
Compensation for Taxi Cab Accident Injuries
According to the Nevada Department of Transportation, one recent year saw 43,683 vehicle crashes, with 41.6% of the state’s accidents resulting in injuries. In many of these cases, injury victims can file an insurance claim or lawsuit to recover different types of compensation from the parties responsible for various damages.
The following are the different types of damages involved in taxi cab accident injury cases:
Economic Damages
One of the main types of damages associated with accidents is economic or monetary. These damages apply to the specific costs attributed to an accident.
Examples of these damages include:
- Medical expenses, from ambulance rides and urgent care to ongoing treatment
- Lost income resulting from time taken off from work to recover from injuries
- Lost earning capacity that may result from a worker’s disability
- Property damage, including damage to vehicles and buildings or personal belongings like cell phones
- Modifications made to a home or vehicle to facilitate mobility for disabled individuals
- Rehabilitation and physical therapy costs
Non-Economic Damages
Cases also often involve non-economic damages stemming from injuries. While these aren’t as tangible as economic damages and subsequently harder to calculate in injury cases, it’s still possible for attorneys and courts to identify and quantify them, counting them toward a final settlement.
These damages may include pain and suffering, depression and anxiety, trauma, disfigurement, and loss of consortium (relationship) following an accident.
Other Damages
Taxi accident cases could also involve other types of damages, depending on the nature of the accident and resulting injuries.
If a victim dies after an accident, his or her family may be able to recover wrongful death damages. These can include the above economic and non-economic damages, such as the medial bills and pain and suffering the victim experienced leading up to the death. Additionally, these damages may apply to the costs associated with the person’s death, including burial and funeral expenses, along with lost income and support that the decedent provided.
In rare instances, accident cases could also result in punitive damages. These damages differ from compensatory economic and non-economic damages, with the explicit intent of punishing defendants for particularly negligent behavior. Only the courts can award these damages in cases that go to trial. An example of a case involving punitive damages could involve a taxi driver who engaged in reckless driving while impaired, causing substantial injuries or fatalities.
Steps to Take After a Taxi Cab Accident
Following a taxi cab accident, there are some key steps to take to build a strong case and increase your chances of recovering total compensation from liable parties.
These steps entail:
Contacting Law Enforcement
If an accident results in any injuries or significant property damage, someone involved in the accident must call the police to report it.
The police can record the details of the accident and begin drafting a police report, which may help support a potential claim or lawsuit. When speaking with law enforcement, be as detailed and honest about the accident as possible.
The police will also record witness statements from anyone else who was present at the scene when the accident occurred. These statements may also help support your claim or lawsuit.
Recording Critical Information
If possible, you should also get relevant information about everyone involved in the accident. These details include names, insurance information, contact details, driver’s license numbers, vehicle makes and models, and license plate numbers.
In addition, try to get the contact details of all witnesses involved, as your attorney may be able to reach out to them to recover witness statements for use in your case.
Seeking Immediate Medical Care
Regardless of the extent of injuries sustained, you should seek medical attention from a licensed professional as soon as possible after your accident.
Symptoms that appear minor at first could develop into more serious ones and even indicate a life-threatening condition. Also, the longer you wait to seek medical care, the harder it will be to prove that the accident caused your injuries.
Getting medical care will provide you with a proper diagnosis and treatment plan, which could help you recover from your injuries. In the process, your doctor will generate medical records and bills that could serve as valuable evidence when filing a claim or suit.
If you need to make any changes to your treatment plan, always consult your doctor first. He or she may be able to come up with an alternative path of treatment while continuing to provide documentation connecting the accident with your injury.
Collecting Evidence to Build a Case
If you want to succeed with an accident case, you will need sufficient evidence to prove fault and the nature of the damages sustained.
Specifically, you will need to prove that a party owed you a duty of care, such as a taxi driver responsible for safely transporting you. You must also be able to show that this party breached that duty of care, that this breach led to an accident, and that the accident resulted in various calculable damages.
Some of the most essential pieces of evidence in these cases will include:
- Police reports
- Medical records
- Footage of the accident scene, injuries, and property damage
- Witness statements
- Receipts for repairs or replacements for damaged property
- Journals detailing the pain and suffering experienced after the accident
Consulting With an Injury Attorney
Before filing an insurance claim or a lawsuit, you should consult with an attorney to discuss your case. A taxi cab accident attorney in Las Vegas could review the details of your case in a free consultation. If he or she decides to represent you, the attorney may then walk you through the process of filing a claim or suing a negligent party.
Working with an attorney during the claims process is crucial for increasing the chances of a successful outcome. First, your attorney would be able to identify and calculate all damages involved, including economic, non-economic, and wrongful death damages. He or she can then negotiate with insurance adjusters to seek a favorable outcome, making counteroffers against the insurer’s offers to help recover total compensation.
If a loved one died because of a taxi cab accident, your attorney could also detail the fatal car accident investigation procedure that will take place following the accident.
In the event your case doesn’t settle during initial negotiations, your attorney may take your case to court. If you believe you’re likely to take your case to trial, you should seek a lawyer with trial experience. Throughout the trial process, your attorney can build a compelling initial opening statement, followed by handling the discovery process and the final steps involved in a trial case.
Whether a taxi cab company, a taxi driver, another driver, or another party caused your taxi cab accident, it’s important to work with a reputable attorney to handle your case. Contact us today at George Bochanis Injury Law Offices to schedule a free consultation with one of our attorneys.