Determining who is responsible for a passenger injury in a taxicab will always depend on the specifics of the accident. However, one thing remains the same: The passenger is never at fault unless the passenger was acting out or distracting the driver in some way, explains Manhattan injury lawyer Richard Holzberg.
An attorney at Ernest Holzberg & Associates, Holzberg says that whoever is at fault in the accident—whether that is the taxicab driver or the driver of another vehicle—is always the person who is responsible for paying for the pain and suffering of any injured taxicab passengers. For the most part, a taxicab accident is looked at in much of the same way as any other vehicular accident, with the only exception being that the passenger will never be liable for damages.
Holzberg goes on to explain that taxicab drivers in New York City are required to obtain no fault coverage, which means that their insurance companies will cover the lost wages and medical expenses of any passengers involved in taxicab accidents.
Taxicab drivers are required by New York state law to have at least a $100,000 minimum liability insurance policy. This is much different from individual drivers in the state, who are only required to have a $25,000 minimum policy.
Although a lawsuit could be necessary to get full compensation for the injuries sustained during a taxicab accident, Holzberg says that in most cases, a passenger’s medical bills will be paid in full through the taxicab’s no-fault insurance policy. In most cases, these insurance companies will pay for an injured person’s medical bills and lost wages up to a certain amount. For any damages beyond that, it may be necessary to get in contact with a personal injury lawyer.
As in every personal injury case, Holzberg says it is important to get a lawyer involved sooner rather than later. It is important for the injured person or his attorney to figure out who is at fault, talk to witnesses, and do an early investigation before evidence begins to disappear. Of course, none of this should be done until after the injured person has received attention at a nearby hospital or medical facility.
If possible, the victim should talk to any witnesses who were at the scene and take down their names and phone numbers. According to Holzberg, a police report should also get filed. In fact, if possible, the victim should speak with the officer at the scene to get his side of the story heard as well.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
