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Kansas City Accident Injury Attorneys

Should I sue the driver or the cab company if I am in a car accident with a taxi?

It depends. The first thing you should do is to determine who was at fault for the accident. Most car accident cases depends on two factors: who caused the accident (liability), and the extent of a victim’s injuries (damages). If the taxi driver was negligent, you can bring a case against the driver and the cab company.

However, suing for damages is often complicated by the details of your case, including:

  • Driver behavior. Cab companies can be held liable for many of a driver’s actions, such as proper licensing and adhering to drug testing and road skills tests. If the cab company broke any laws in hiring the driver or ignoring regulations in the licensing laws (or ignored maintenance issues in their cabs that led to the crash), they can be held liable. On the other hand, a driver who was speeding or distracted by his cellphone may be held personally liable for the crash since he was not following the company polices.
  • Ride-sharing. Some companies such as Lyft and Uber are actually ride-sharing programs, and do not adhere to standard passenger-vehicle rules. Uber and Lyft drivers are third parties who use their own vehicles to pick up passengers. If a ride-sharing driver caused an accident, other drivers can make a claim against the driver, but if he is not carrying a passenger at the time of the crash, he will probably not be covered by the company’s insurance. Further complicating the issue is that there is currently no car insurance option for ride-sharing, so many drivers do not tell their insurance companies that they perform ride-sharing services.
  • Insurance limits. If your injury costs will not be fully covered by your own provider, you can file a claim against additional providers involved in the accident. The cab company is required to have insurance for accidents, the taxi cab driver should have personal auto insurance, and you can get payment from the insurer of any other driver who contributed to the accident. Each of these insurers will have policy limits, so it is important to total the costs of your accident before settling on an amount.

An accident involving a taxi can quickly turn into a fight. Cab drivers do not only suffer increased insurance premiums if they are found to be at fault for a crash, they could also lose their licenses and their ability to earn a living—making them more likely to deny negligence. To find out how to prove negligence, call us at (888) 348-2616 to speak to an attorney or order our free accident guide, Don't Wreck Your Injury Claim! 10 Rules of the Road to Win Your Accident Case in Kansas & Missouri.

 

James Roswold
James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.

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