A significant proportion of road traffic accident claims involve taxis and minicabs purely and simply because they are on the road more often than non-commercial vehicles. If you’ve been injured in a taxi accident, whether as a taxi driver, a passenger in a taxi accident, another motorist or a pedestrian and the cause of your injury wasn’t your fault you may be eligible to make a taxi accident claim for compensation.
Common Causes Of Taxi Accident Claims
The first thing to mention is that there is a three-year time limit during which you can make a claim for compensation after a taxi accident. When it comes to taxi related incidents there are a number of scenarios which we see on a regular basis in compensation claims:
Collision With A Taxi Where The Third Party Vehicle Driver Is At Fault
While we tend to automatically assume that it is the taxi driver who is at fault when accidents occur, there are numerous occasions where the taxi driver is not at fault. Collisions with other vehicles can lead to RTA claims by the taxi driver and passengers for injuries and trauma as a consequence of the incident. These RTA claims are usually made against the third party driver’s insurance company with all drivers legally obliged to have insurance cover in place.
The situation can become a little more complicated where a taxi driver is injured as a consequence of a third party collision. This can have a material impact upon their working life, create significant financial loss and lead to additional costs such as rental of a new taxi while the original vehicle is repaired.
Road Traffic Collisions Where The Taxi Driver Is Liable
Those who have experienced the hustle and bustle of everyday life in London, as one example, will be well aware of how very busy London roads are. Where there is a collision with a third party vehicle and the taxi driver is liable then the passenger in a taxi accident will be able to claim for compensation from the taxi driver/ taxi firm in the event of injury. There is also the opportunity for the third party vehicle driver (and passengers) to claim compensation where injuries have been incurred and the taxi driver has been found liable.
The situation can become a little more complicated where the taxi driver is self-employed but all taxi drivers are legally obliged to have sufficient insurance cover in place.
Taxi Passenger Injuries As Result Of Not Wearing A Seatbelt
Impact injuries as a consequence of taxi passengers not wearing a seatbelt, which is illegal, can often lead to taxi accident compensation claims. Many people may be surprised to learn that even though this may be seen as the fault of the passenger the taxi driver may be found partially liable due to their driving actions. In this type of situation a court will normally reduce the headline compensation award by anything up to 25% due to “shared liability”.
Taxi Passenger Injury As A Consequence Of Skidding On The Road
While local authorities have a legal obligation in making sure that all roads are safe for vehicles there are occasions where due to wet patches, ice or simply over breaking by the driver, vehicles can skid, causing injury. As far as the passengers in a taxi accident are concerned many will look to pursue a claim against the taxi driver although the court may rule shared liability in the event that the local authority failed to maintain the roads to an appropriate standard. This type of case can sometimes drag on because of the potential for shared liability with third parties fighting their corner.
Pedestrian Hit By A Taxi
In incidents where the taxi driver has been found liable for a road traffic collision, the pedestrian who has been hit should look to make a claim for compensation. Where there has been a death, the family or representatives of the deceased may also be able to claim compensation from the taxi driver. Again, some instances of pedestrians being hit by a taxi are not straightforward and the pedestrian may well be forced to share liability if for example they walked into the road unannounced.
Hit And Run Accidents
Fortunately hit and run accidents involving taxis are few and far between but in the event that drivers, passengers or pedestrians suffer an injury as a consequence of the impact, they can still make a taxi accident claim. The claim would go through the Motor Insurance Bureau which is an industry funded scheme that pays compensation for injuries where the perpetrator is never found. Please refer to this page for more information on hit and run claims.
Uber Related Accident Claims
The issue of taxi related accidents involving Uber drivers is relatively new although there are a number of companies operating similar types of service. There are all kinds of additional aspects to take into consideration with recent court rulings suggesting that Uber is ultimately responsible for accidents involving their drivers – where there is limited or no insurance cover. However, at the moment this is something of a fluid subject with court actions and counter-actions pending which will eventually bring to a conclusion the legal situation.
If you have been involved in an accident involving an Uber driver and require specific advice please don’t hesitate to get in touch with us today.
Common Injuries From Taxi Accidents
While each individual taxi accident compensation claim will be reviewed on its own merits there are a number of common injuries which occur as a result of taxi related accidents. They include:
- Cuts and bruises;
- Broken bones;
What Compensation Can Be Claimed For Following A Taxi Accident?
There are two main types of damages that can be claimed for in taxi accident claims. These are general damages that will include compensation for:
- Pain and suffering;
- Mental trauma;
- Life changing injuries.
We then have what are known as special damages that are for specific financial redress and funding requirements going forward. Special damages take in issues such as:
• Loss of earnings;
• Future loss of earnings;
• Medical expenses;
• Additional transport expenses;
• Future medical expenses;
• Adaptions to the home.
There is no real room for variation in special damages because they are simply a reimbursement of costs paid out to date together with a forecast of future medical requirements and other expenses.
Filing A Taxi Accident Claim
As you will see from above, there are various situations where proving liability for injuries incurred after a taxi accident may take some time involving long legal wrangles. If you have been the victim of an injury caused by a taxi driver or related third-party impact you do not have to prove individual liability in order to pursue a taxi accident claim. An accident claims solicitor can advise you accordingly but you only need to identify the potential parties liable for your injuries to proceed with your action. Once the taxi accident claim has been started, and all defendants given the relevant information and evidence, the share of liability and compensation payment will either be agreed out-of-court or left to the judge.
Obviously, where injuries are incurred it is vital that medical assistance is obtained as soon as possible to avoid potential life-threatening injuries. The medical examination and any treatment will be noted on your medical records, together with the circumstances surrounding the accident, and will prove useful if a compensation claim is started. It is also vital that you make note of the incident with details such as where it happened, when it happened, why it happened and the injuries you suffered. Witness statements will add further strength to your case.
Please get in touch with our solicitors today if you have been injured in an accident involving a taxi cab and we’ll get your taxi accident claim started today.