New York City is famous for its yellow taxicabs that clog the streets. In fact many people who live in the city do not have a car because they rely on the public transportation system or choose to take a taxi. The New York City Taxi and Limousine Commission estimates that taxis make approximately 485,000 trips a day throughout the five boroughs. Surprisingly, there are a relatively low number of accidents from taxi cab drivers. However, despite the low-rate of accidents, when they do happen there tends to be a great deal of personal injuries.
If you were hit by a Taxi and were seriously injured as a result, or if someone you love passed away in an accident, you may be able to recover financial compensation for your losses. The Brooklyn car accident attorneys of Sullivan & Galleshaw may be able to help. We have more than 16 years of experience representing accident victims and their families in a wide variety of wrongful death and personal injury cases, and are committed to providing aggressive representation for our clients. We will guide you through each and every step of the legal process, help you understand and exercise your rights, and fight hard for the best outcome possible. Whether you were on foot, on your bicycle, or traveling by car when the accident occurred, we want to hear about what happened. To set up a free and confidential case evaluation, call our law offices today at (718) 843-0300.
Taxi Cab Accidents and Serious Injuries
Anytime there is a car accident there is the potential that there is going to be a great deal of damage. This is because cars are large objects that are usually traveling at a high speed. Even an accident occurring at 20 miles per hour can cause severe injuries. This is even more apparent when a taxi cab driver strikes a pedestrian. Anytime that there is a collision between two objects there is a certain amount of physics that is involved that will often time explain the serious injuries. While the types and severity of injuries will vary from accident to accident common injuries include:
- Head trauma
- Neck trauma and whiplash
- Brain damage
- Spinal cord injury
- Broken bones
- Back injury
Is the Taxi Cab Driver Liable?
Generally, taxi cab drivers are liable for injuries that they cause either to passengers, pedestrians, bicyclists, or other drivers. However, as you can probably imagine many taxicab drivers will try to avoid liability by claiming that they were not responsible for the accident. It is common for a taxi-driver to state that the pedestrian ran out in front of their car, or that the other car ran a red light. However, it’s not unusual for taxicab drivers to deny responsibility, claiming a pedestrian walked out in front of the cab on a red light or a driver ran through an intersection. That is why if you have been involved in an accident with a taxi cab you should consider hiring an experienced attorney who will fight for your rights.
Taxi Cab Passenger Injury Claims
If you have been involved in a taxi cab accident and have been injured you may want to know if you will be able to recover some money from your accident, or if the taxicab drivers are required to carry insurance. New York City’s Taxi and Limousine Commission requires that all yellow taxi cabs and all licensed car services carry a minimum of between $100,000.00and $300,000.00 in liability insurance coverage. Anytime a person is injured by a taxi cab or if they are in a taxi and are injured they will be able to recover up to a maximum of $300,000.00 from insurance. Because of the amount of people in the city, it is not unusual for a taxicab to have multiple passengers in their vehicle. Depending on the size of the vehicle, if it is a car or a van, a taxicab could realistically have between one and seven people in the vehicle. If all of the people are injured then they will have to share the maximum $300,000.00.
It is also important to understand and be aware that private, unlicensed gypsy cabs do not have to carry the same amount of insurance as a licensed Taxi Cab and because they are unlicensed they are only required to carry the minimum motor vehicle liability coverage of between $25,000.00 and $50,000.00. Therefore, a person who is injured by one of these private or unlicensed taxis would only to be able to recover a maximum between $25,000 and $50,000.
What Types of Damages Are Typically Available?
As a no-fault state, an individual must meet New York’s threshold for a serious injury if they wish to be entitled to collect damages beyond the no-fault benefits. In general, no-fault insurances provides coverage for short-term immediate needs medical expenses and economic losses in exchange for a heightened burden for additional damages when a serious injury occurs. As per §5102(d) of the New York State Insurance Law, there are eight defined standards for serious injury. These include:
- A personal injury that results in death
- Dismemberment or significant disfigurement
- A bone fracture
- Loss of an unborn fetus
- Permanent loss of an organ, bodily function, or bodily system.
- Significant or consequential limitation of bodily organ
- An injury of a non-permanent nature preventing the injured individual fromperforming substantially all of the acts which constitute such person’s usual daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
While some of these standards are clearly defined, in others there is some room for interpretation. An experienced New York taxicab accident attorney can help you show that your injuries fit within one of these serious injury standards thus entitling you to potentially greater damages.
Get the Help of a New York Personal Injury Attorney
If you have been in a car accident that resulted in catastrophic injuries or the death of a loved one, the experienced auto accident attorneys of Sullivan & Galleshaw can fight for you. To schedule your free and confidential legal consultation, call 718-843-0300 or contact us online.