Steven A. Bagen | December 27, 2024 | Car Accidents

Taxi cab at night

Being involved in a taxicab accident can be life-altering. Whether you were the cab’s passenger, a driver in another vehicle, or even a pedestrian, the road to recovery can feel daunting. Medical bills pile up, your injuries may prevent you from working, and navigating the insurance claim process on your own often adds stress. It’s natural to wonder, “How can a lawyer help after a taxicab accident?”

Hiring a qualified car accident lawyer can make managing this difficult situation significantly easier. From proving liability to gathering essential evidence, a lawyer’s involvement can be the key to securing the compensation you need and deserve.

 

Key Takeaways

  • Multiple parties may share liability in a taxicab accident, including the taxi driver, the cab company, other motorists, or even government entities.
  • Taxi companies may be held liable for their drivers’ actions, especially if the driver was on duty and the company failed to maintain the vehicle, or hire, train and supervise taxi drivers properly. 
  • Important evidence, such as video surveillance, dashcam footage, digital photos and videos, and witness recollections, can be lost if not collected and secured promptly.
  • Accident victims may be eligible to claim a wide range of damages, including medical expenses, lost wages, future care needs, property damage, and pain and suffering.
  • A personal injury lawyer can investigate the accident, gather critical evidence, and build a strong case to support your compensation claim.
  • Legal representation protects your rights against insurance companies, helping you avoid common tactics used to undervalue or deny claims.

Table of contents

Determining Liability in a Taxicab Accident

One of the most critical steps in any personal injury case is determining who is responsible for the accident. For taxicab accidents, liability isn’t always straightforward, as multiple parties could bear some degree of fault. Here’s how a lawyer can handle this:

Identifying All Liable Parties

A taxicab driver may seem like the most obvious party at fault, but that’s not always the case. Liability can extend to:

  • The taxi company, if poorly maintained vehicles or negligent employee supervision contributed to the incident.
  • Another driver who caused the collision with the cab.
  • Even municipalities, in cases where road hazards or improper signage were a significant factor.

A lawyer with experience in car accident cases will investigate every possibility to ensure that no liable party is overlooked.

Applying Florida’s Comparative Negligence Laws

Most states use a form of comparative negligence, a rule that allows an injured person to recover damages from a negligent party, even if the injured person was partially at fault for the accident. 

For example, until March 2023, Florida followed a pure comparative negligence rule, meaning the injured party could recover damages regardless of the percentage of fault they shared. 

However, the state now uses a modified comparative fault system, which bars recovery for an injured party who is found to be 51% or more at fault for the accident. Compensation is then reduced by that percentage of fault. 

For example, if you’re a pedestrian crossing outside a marked crosswalk and a taxicab driver runs a red light and hits you, an investigation may assign 15% fault to you for jaywalking. 

A lawyer can work to reduce that percentage by presenting evidence, like surveillance footage showing that the cab driver was speeding or distracted, helping you secure the maximum compensation possible under Florida law.

Is the Taxi Company Liable? Or Just the Driver?

Proving liability requires a thorough understanding of laws, including traffic regulations and employer liability principles such as respondeat superior. This legal concept means that employers (in this case, the taxi company) may be held responsible for their employee’s negligence when the employee (the taxi driver) was acting within the scope of employment when the accident occurred.

Gathering and Preserving Critical Evidence

Building a strong case starts with compiling the right evidence. Unfortunately, key information can vanish quickly after an accident. Hiring a lawyer early ensures essential evidence is gathered and preserved, including:

  • Accident Scene Documentation
    Photographs of vehicle damage, injuries, and road conditions taken shortly after the accident are powerful pieces of evidence. Lawyers often work with investigators to collect these visuals if you’re unable to do so yourself.
  • Witness Statements
    Eyewitness perspectives can be critical in establishing fault. A lawyer will identify, interview, and secure statements from witnesses while their recollections are still fresh.
  • Police and Traffic Reports
    Police reports are often pivotal for proving liability. Lawyers can obtain these reports quickly and ensure they’re used effectively in your claim.
  • Expert Testimony
    If fault is disputed, accident reconstruction experts can help clarify how the collision occurred. Your lawyer will coordinate with these professionals to strengthen your case.
  • Medical Records
    Clear documentation of your injuries is vital in any personal injury case. Your lawyer will help organize medical evidence, ensuring it aligns with claims for damages.

By collecting and reviewing evidence thoroughly, a lawyer works to ensure your claim is as solid as possible.

Demonstrating Your Damages

Securing fair compensation requires proving not only who was at fault but also the extent of the harm you’ve suffered. This process involves more than just tallying up medical bills. Lawyers account for all your damages, including those that may not be immediately apparent.

Medical Expenses

Hiring a lawyer ensures that both the short- and long-term costs of your care are included in your claim:

  • Initial treatments like ER visits, surgery, and imaging tests.
  • Rehabilitation costs for physical therapy or occupational therapy.
  • Future care needs, especially if you’ve suffered severe injuries such as spinal cord damage or traumatic brain injuries.

Lost Income

Many accident victims face significant challenges returning to work. Whether your injuries caused temporary unemployment or permanently reduced your earning capacity, a lawyer quantifies these losses and includes them in your claim.

Pain and Suffering

Some damages, like physical pain, emotional distress, and the overall disruption to your life, don’t come with receipts. These intangible damages are harder to calculate but just as real. Lawyers rely on legal precedents and experience to appropriately value such losses and advocate for fair compensation.

Property Damage

Although your focus may be on medical and emotional recovery, the costs associated with repairing or replacing damaged property, such as vehicles, also deserve attention. A lawyer ensures these expenses are included in your claim.

Future Financial Needs

A skilled car accident lawyer anticipates future needs based on the specifics of your accident. From ongoing medical treatments to modifications needed for your home or car due to lasting injuries, they ensure the settlement demand covers more than just what’s immediate.

Fighting for Full Compensation After a Taxicab Accident

Securing full compensation following a taxicab accident can be a challenge. Insurance companies often aim to pay as little as possible, relying on quick settlements to avoid larger payouts. Fortunately, having legal representation ensures someone is actively fighting for the total value of what you deserve.

Negotiating From a Position of Strength

One of a lawyer’s most crucial roles is handling negotiations with insurance companies on your behalf. While insurers often make initial offers that barely scratch the surface of what you’re entitled to, a lawyer brings experience and knowledge to overturn these lowball offers.

  • Assessing the Value of Your Claim
    Lawyers will calculate the true cost of your damages by considering both economic losses (like medical bills and lost wages) and non-economic ones (like pain and suffering) and ensuring no costs are overlooked.
  • Building a Strong Case
    When your claim is backed by solid evidence such as medical records, expert testimony, and accident reconstruction reports, it leaves little room for insurers to dispute your demands.
  • Confident Representation
    Insurance companies often take cases more seriously when a qualified attorney is involved. They recognize that lawyers will not settle for less, which often leads to quicker and fairer resolutions.

If the insurance company refuses to offer a fair settlement, a lawyer won’t hesitate to take your case to court, ensuring no avenue for justice is left unexplored.

Protecting Your Rights Against Insurance Tactics

Insurance companies don’t have your best interests in mind. Adjusters are trained to minimize payouts, and they may use several tactics to undermine your claim. Having a lawyer greatly reduces the risk of falling victim to these strategies.

  • Fielding Insurance Adjuster Calls
    A lawyer will handle all communication with adjusters to ensure you don’t inadvertently say anything that could hurt your case.
  • Preventing Lowball Offers
    Many adjusters initially offer settlements that cover only a fraction of an accident victim’s expenses. Lawyers understand the true value of claims and won’t settle for less than what you deserve.
  • Understanding Policy Limits
    Without legal guidance, you may struggle to determine how much coverage is actually available under the responsible party’s insurance policy.

With a lawyer representing you, insurance companies are more likely to treat your claim with the seriousness it deserves.

Taking Cases to Court

While most car accident claims are resolved through negotiation, there are times when litigation becomes necessary. This often occurs when fault is disputed or insurance companies refuse to provide appropriate compensation. If your case goes to trial, a lawyer will:

  • Present Compelling Evidence
    From collecting witness statements to securing expert analyses of the accident, your lawyer will shape a narrative that clearly demonstrates negligence and the severity of your injuries.
  • Handle Legal Procedures
    Filing lawsuits, adhering to court deadlines, and meeting procedural requirements are complex processes that your lawyer will oversee with precision.
  • Fight to Minimize Shared Fault
    If there are allegations that you hold partial responsibility for the accident, an attorney will work to establish evidence that reduces your percentage of comparative negligence under Florida law.

With a skilled attorney handling litigation, you can feel confident that every effort is being made to secure the justice you deserve.

The Importance of Taking Action Quickly

Recovering from an accident is a long and consuming process for many accident victims with serious injuries. But time waits for no one, and the more days that pass after a crash, the more difficult it can be to prove your claims. Hire a lawyer quickly to protect your interests. 

Delays can result in lost evidence or missed opportunities to thoroughly investigate the accident. For instance, video surveillance on commercial or public property is usually erased or overwritten after 30 to 90 days, while dashcam video refreshes on a loop when its memory card is full. 

Likewise, witnesses may move away, change names, or simply forget details over time. Evidence from the accident scene, such as skid marks and damaged guardrails, may fade or be repaired before long. 

Additionally, Florida’s statute of limitations gives you two years from the date of an accident to file a personal injury lawsuit, and certain exceptions could shorten that timeframe. In short, waiting too long can cost you the chance to recover the compensation you need.

Frequently Asked Questions About Taxicab Accidents

What steps should I take immediately after a taxicab accident?

First, ensure everyone’s safety and call 911. Seek medical attention even if injuries seem minor; some symptoms can appear later. Document the scene with photos and gather contact details from witnesses and involved drivers. Avoid making statements about fault. Finally, consult a personal injury lawyer promptly to protect your rights and preserve evidence.

Are taxicab accidents handled differently from regular car accidents?

Yes. Taxi accidents often involve commercial insurance policies and employer liability laws. Additionally, cab drivers are held to a higher duty of care as common carriers. These factors can complicate the claims process and make legal representation even more important.

Can I file a claim if I wasn’t wearing a seatbelt during the crash?

Yes, but not wearing a seatbelt may reduce your compensation under Florida’s comparative fault rules. A lawyer can help argue that your injuries were primarily caused by the cab driver’s negligence, not your seatbelt use.

Do I have to give a recorded statement to the insurance company?

No. You’re not legally required to provide a recorded statement to an insurer, and doing so can harm your case. Always speak with an attorney first.

How long do taxi accident claims typically take to resolve?

It depends on case complexity, injury severity, and whether litigation is needed. Some claims settle in months, while others may take over a year.

Take the First Step Toward Justice Today

If you’ve been injured in a taxicab accident, don’t wait any longer to protect your rights and secure compensation for your injuries and losses. With over 40 years of experience, a 99% success rate, and a commitment to Fighting for Florida’s Injured®, Steven A. Bagen & Associates, P.A. can provide the guidance and relentless advocacy you need.

Our team of experienced car accident attorneys is available 24/7 to listen to your story, answer your questions, and fight tirelessly on your behalf. With our no-fee guarantee, you won’t pay anything for our services unless we win your case.

Don’t risk your future. Call (800) 800-2575 or contact us online to schedule your free consultation now. Whether it’s by phone, in person, or through a convenient virtual meeting, we’re ready to stand by your side every step of the way.