Establishing Fault in Taxi Accidents

Finding fault in accidents involving taxis or buses may be less complicated than what many can expect from most vehicle accidents.

Why is that so?

Under the law, drivers and operators of common carriers are expected to exercise care and safety for their passengers. Hence, in establishing liability in a taxi accident, for instance, one does not have to prove that the accident was the driver’s fault, instead one must merely show that the driver failed to live up to his obligation – which is to hold on to the highest standard of care.

Common carriers such as taxis, buses, airlines, trams, and trains (even elevators and escalators in some states) – must maintain "the highest degree of care" and are held to have a special responsibility to their passengers. Hence, they must exercise extra caution in protecting their riders and passengers and maintaining safety at all times during travel.

However easier it would be to prove negligence in taxi accidents, accident victims must necessarily seek the assistance of a lawyer in establishing fault in a case.

As in most vehicle accidents, proving fault in taxi accidents would require knowledge of the statutes governing accidents, which are personal injury laws. In this respect, for an injured victim, having a lawyer to assist him in pursuing a claim would be a big help. In addition, the skills and experience of a lawyer would definitely work to the victim’s advantage, as it would increase his chances of getting a rightful compensation for his claim.

If you happen to get involved in a taxi accident, it would help to know what to do during this initial stage of a potential lawsuit:

* Take down the name and registration number of the taxi you are riding

* Get necessary information from other people involved in the accident such as names, addresses and contact number

* If there are witnesses to the incident, get the same information and ask them if they can provide you with their account of the incident

* If you are injured, ask for medical help immediately

* Take photos or a sketch of the accident

* Obtain a copy of the police accident report

Because taxi accidents are governed by laws on common carriers, a driver’s duty to his passenger begins on the following instances:

* a person puts himself or herself under the carrier’s control or otherwise manifests an intent to board

* the taxicab company or its operator manifests acceptance of the person as a passenger

Generally, taxi drivers have the duty to keep passengers, pedestrians and the public safe from accidents.

And when does this duty of care begins and ends?

The duty of a taxicab to a passenger ends after the passenger has left the taxicab. In most cases, his utmost duty of care remains until the following acts have not been completed:

* when the passenger has safely left the taxicab

* when a passenger is at a relatively safe place

* a passenger is out of the way of other traffic

* a passenger is no longer exposed to risks of the taxicab’s operation

In most cases, a taxicab company can be found liable, if injury is incurred due to the following acts:

* attempting to load in an unsafe place

* starting before the passenger is safely seated

* starting before the passenger is safely aboard

* closing a door on a passenger