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Attorney for Taxi Cab Accident
Taxi cabs are woven into the fabric of daily life in New York City. Thousands of yellow cabs, green boro taxis, and for-hire vehicles move through the five boroughs every day, carrying passengers through some of the most congested streets in the country. When a taxi driver speeds, weaves through traffic, runs a light, or becomes distracted, the consequences can be devastating for passengers, pedestrians, cyclists, and occupants of other vehicles.
If you were injured in a taxi cab accident anywhere in New York City, you may be entitled to significant compensation. However, taxi accident claims involve a unique web of insurance rules, Taxi and Limousine Commission (TLC) regulations, and New York's no-fault system. An experienced New York City taxi cab accident attorney can protect your rights, identify every available source of recovery, and pursue the full value of your claim.
Why Taxi Cab Accidents Are Different From Ordinary Car Accidents
A collision involving a taxi is rarely as straightforward as a crash between two private vehicles. Several factors make these cases more complex:
- Multiple potentially liable parties. Depending on the circumstances, responsibility may rest with the taxi driver, the medallion owner, a fleet or leasing company, another motorist, or even a party responsible for a dangerous roadway condition.
- Commercial insurance requirements. Taxis licensed by the New York City Taxi and Limousine Commission must carry commercial insurance policies with higher minimum coverage than most private vehicles. Identifying the correct policy and carrier is essential to maximizing your recovery.
- TLC regulations. Taxi drivers and owners are subject to detailed rules governing licensing, vehicle maintenance, driver conduct, and hours of operation. Violations of these rules can be powerful evidence of negligence.
- Aggressive insurance defense. Taxi insurers and fleet operators handle claims constantly and often move quickly to minimize payouts. Having your own attorney levels the playing field.
Common Causes of Taxi Accidents in New York City
Taxi drivers work long shifts under intense pressure to complete as many fares as possible. In the fast-moving environment of New York City streets, that pressure frequently leads to dangerous driving. Common causes of taxi accidents include:
- Speeding and aggressive driving between fares
- Sudden, unsafe lane changes and weaving through traffic
- Abrupt stops to pick up or discharge passengers
- Running red lights and stop signs
- Distracted driving, including use of dispatch devices, GPS units, and phones
- Driver fatigue caused by extended shifts
- Failure to yield to pedestrians and cyclists in crosswalks and bike lanes
- Poorly maintained brakes, tires, or other vehicle components
- Opening doors into traffic or bike lanes, causing "dooring" injuries
Who Can Bring a Taxi Accident Claim?
Our firm represents anyone injured because of a taxi driver's negligence, including:
- Taxi passengers injured while riding in a cab, whether the taxi driver, another motorist, or both were at fault
- Pedestrians struck by taxis in crosswalks, on sidewalks, or elsewhere
- Cyclists hit by taxis or injured by suddenly opened taxi doors
- Drivers and occupants of other vehicles involved in collisions with taxis
Passengers occupy a particularly strong position in these cases. As a passenger, you almost never share fault for the collision, which means one or more drivers' insurance policies should be responsible for your injuries.
New York's No-Fault Insurance System and Taxi Accidents
New York is a no-fault insurance state. Under Article 51 of the New York Insurance Law, individuals injured in motor vehicle accidents are generally entitled to no-fault benefits, also called Personal Injury Protection (PIP), regardless of who caused the crash. These benefits typically cover up to $50,000 per person for:
- Medically necessary treatment related to the accident
- A portion of lost earnings, subject to statutory limits
- Certain other reasonable and necessary expenses
It is critical to understand that no-fault benefits do not compensate you for pain and suffering. To recover damages for pain and suffering, you must step outside the no-fault system by demonstrating that you sustained a "serious injury" as defined by New York Insurance Law § 5102(d). Serious injuries include, among other categories:
- Fracture
- Significant disfigurement
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days immediately following the accident
Deadlines under the no-fault system are strict. A no-fault application must generally be filed with the appropriate insurer within 30 days of the accident. Missing this deadline can jeopardize your benefits, which is one of many reasons to consult an attorney promptly.
Compensation Available in a New York Taxi Accident Case
If your injuries meet the serious injury threshold, you may pursue a claim or lawsuit against the at-fault parties for damages that go well beyond no-fault benefits, including:
- Past and future medical expenses not covered by no-fault
- Past and future lost wages and diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability, scarring, and disfigurement
- In fatal accidents, wrongful death damages for surviving family members
New York follows a pure comparative negligence rule under CPLR 1411. Even if you were partially at fault for the accident, you may still recover damages, reduced in proportion to your share of fault.
What to Do After a Taxi Cab Accident in New York City
The steps you take immediately after a taxi accident can significantly affect the strength of your claim:
- Call 911 and report the accident. A police report creates an official record of the crash.
- Seek medical attention right away. Some serious injuries are not immediately apparent, and prompt treatment creates documentation linking your injuries to the accident.
- Record the taxi's information. Note the medallion number, license plate, driver's name, and TLC license number if possible.
- Gather evidence at the scene. Photograph the vehicles, the roadway, traffic signals, and your visible injuries, and collect contact information from witnesses.
- Do not give recorded statements to insurers. Adjusters may use your words to minimize or deny your claim.
- Contact a taxi accident attorney promptly. Early involvement allows your lawyer to preserve evidence, meet no-fault deadlines, and manage all communications with insurers.
How Long Do You Have to File a Taxi Accident Lawsuit in New York?
In most cases, a personal injury lawsuit arising from a taxi accident must be filed within three years of the date of the accident under CPLR 214. Wrongful death claims must generally be filed within two years of the date of death. Shorter deadlines and special notice requirements can apply in certain circumstances, including claims involving public entities, so it is important to speak with an attorney as soon as possible after your accident.
How Our New York City Taxi Accident Attorneys Can Help
When you retain our firm, we handle every aspect of your claim so you can focus on healing. Our attorneys will:
- Conduct a thorough investigation, including obtaining police reports, TLC records, surveillance footage, and witness statements
- Identify every liable party and every applicable insurance policy
- File your no-fault application and manage benefit disputes
- Work with medical experts to document the full extent of your injuries and establish that they meet the serious injury threshold
- Negotiate aggressively with insurers and, when necessary, take your case to trial
Speak With a New York City Taxi Cab Accident Lawyer Today
Taxi accident victims often face mounting medical bills, lost income, and pressure from insurance companies to settle quickly for far less than their claims are worth. You do not have to face this process alone. Our New York City taxi cab accident attorneys offer free, no-obligation consultations, and we handle cases on a contingency fee basis, meaning you pay no attorney's fees unless we recover compensation for you.
Time limits apply to every taxi accident claim, and critical evidence can disappear quickly. Contact our office today to schedule your free consultation and learn how we can help you pursue the compensation you deserve.
You can contact us by phone at 212-233-1233 or by email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
