Hailing a cab in the Bronx comes with many risks. The same dangers present to drivers of private vehicles exist for taxi passengers. These dangers include the risk of being seriously injured in a crash caused by another person’s carelessness or thoughtless actions.
Navigating the process of getting compensation following a taxi cab accident in New York can be as confusing as getting from the Bronx to Point B is for a first-time tourist. This confusion aggravates you when you need help quickly, but it can also make it more challenging to get the compensation you need when you need it the most.
When you or your loved one have been hurt in a taxi crash, contact a Bronx taxi cab accident lawyer at Ivan Diamond Bronx Personal Injury Attorney for assistance in taking the next steps.
An attorney with years of experience helping injured taxi cab passengers and others hurt in collisions with cabs can help you recover financial damages for the harm you suffered. If necessary, Mr. Diamond can help you file insurance claims and seek compensation through a lawsuit.
You have rights, and a dedicated attorney can help you assert them. Contact Ivan Diamond Bronx Personal Injury Attorney today for your free consultation.
- Frequency of Taxi Cab Accidents in the Bronx
- Causes of New York Taxi Cab Accidents
- Process of Getting Compensated Following a Taxi Injury Crash
- Compensation Available in a Taxi Cab Accident Suit
- Frequently Asked Questions About New York Taxi Cab Accidents
- Contact Ivan Diamond Bronx Personal Injury Attorney Today
Frequency of Taxi Cab Accidents in the Bronx
The picture of the bright yellow taxicab carrying passengers from all walks of life across town is an image synonymous with New York City. About 111,000 trips in NYC yellow cabs occur daily, according to New York City’s Taxi and Limousine Commission. The number is much higher if one considers green taxis and other rideshare services.
According to the New York City Police Department’s (NYCPD) data, there were 264 traffic collisions reported in a recent month throughout New York City that involved a taxi cab, including 50 such collisions in the Bronx.
Assuming these numbers represent an average month, these statistics mean that in any given year, about 600 traffic collisions involving taxi cabs will be reported in the Bronx and over 3,100 such crashes throughout the city.
With 8,467 crashes involving all types of vehicles happening in New York City over the same period, according to NYCPD, taxi cabs represent about 3.1 percent of all traffic collisions reported to the police during a given month. Crashes involving buses, motorcycles, and bicycles each represent a similar percentage of crashes.
Causes of New York Taxi Cab Accidents
A taxi cab crash frequently occurs because one or more individuals fail to exercise reasonable care and concern for your and others’ safety. These careless parties could include the taxi cab company and its employees, other drivers or passengers, or third parties like mechanics.
Knowing who acted carelessly and caused a wreck that injured you is a crucial step in your pursuit of compensation. In New York, a person or entity that causes a crash that leaves you or your loved one hurt can be ordered to pay compensation to you.
Knowing who is responsible for the crash tells you and your New York taxi cab accident lawyer which party you should pursue to recover damages.
Taxi Drivers and Company Supervisors
Your taxi cab driver might engage in negligence and cause a traffic accident when they fail to give their full attention to driving safely.
Inattentive driving can manifest itself in several ways, including if the taxi driver is:
- Talking on their cell phone, using their cell phone to text, or checking social media on their phone while driving
- Impaired by alcohol, illegal drugs, or prescription or over-the-counter medications
- Speeding, whether at your direction or not
- Disobeying New York rules of the road, like the state’s right-of-way laws
- Engaging in conversation with you instead of focusing on the road ahead
- Becoming aggressive with other drivers and traffic
If a taxi company fails to properly supervise the cab driver or address complaints about the driver’s conduct behind the wheel, you can hold it liable, too.
If the taxi company knew a driver had prior wrecks or tickets but allowed the driver to continue to pick up fares and make trips, you might sue the company for your injuries.
Another Driver or Passenger
Perhaps your taxi driver did nothing wrong, and another driver crashed their vehicle into your cab. This driver may have been distracted, impaired, or not paying attention to their surroundings while behind the wheel. When another driver strikes your cab, causing your injuries, that driver is likely the party who will bear the burden of compensating you.
An investigation into the facts of your crash may reveal that a passenger in the other vehicle was also being negligent. The passenger may have engaged in distracting behavior, such as having the driver look at the passenger’s phone or striking the driver while the vehicle is in motion.
You may hold a negligent passenger liable for damages when their conduct contributes to a wreck.
Mechanics and Other Third Parties
Even when one driver or the other behaved carelessly before the accident, it is wise to investigate all possible scenarios. You should still consider the possibility that a third party’s negligence played a role in the crash. A mechanic who improperly performed a repair may have rendered the taxi cab or another vehicle uncontrollable.
Or, the mechanic may have correctly performed a repair but unknowingly used parts, such as brake pads, that were defective. In this case, compensation can and should be sought from the part manufacturer if they did not take appropriate steps to recall the faulty component.
A Thorough Investigation Yields a Successful Claim
Your taxi cab crash may have happened because of one person’s poor decisions or because several individuals each played a role. In either case, identifying these responsible parties is indispensable to your claim’s success. If you do not uncover all of the parties with legal liability, you risk an incomplete compensation award.
Hiring the services of a taxi cab accident lawyer with a well-documented history of obtaining justice for injury victims is the easiest way to ensure you complete this part of your claim.
Ivan Diamond Bronx Personal Injury Attorney possesses the knowledge and the resources to discover all the causes of your taxi cab accident and all the individuals and companies you can hold responsible.
Process of Getting Compensated Following a Taxi Injury Crash
Once a taxi cab accident happens, and you and your personal injury lawyer uncover the causes of it, your pursuit of compensation begins in earnest. While there are three main ways your case will resolve, these are time-sensitive options.
New York imposes a three-year statute of limitations on taxi cab accident claims. Failing to take action within three years of your accident can harm your ability to receive compensation, even if evidence of negligence and liability is obvious.
It is important to speak to a lawyer soon after your accident if you want a good chance of obtaining compensation.
Insurance Claim
First, you may choose to file an insurance claim against the at-fault party’s or parties’ insurance carrier. A claim simply asserts to the insurance company that their insured customer was at fault in the crash and should therefore pay you compensation. If the insurance company agrees, it will pay you compensation following the terms and conditions of its policy agreement.
Insurance claims can be a speedy way to get some monetary damages relatively quickly. However, the compensation you get through an insurance claim may not be sufficient to address all of your losses fully. You may need to file a lawsuit against those responsible for your injuries in addition to filing an insurance claim.
Another downside of filing an insurance claim is that the process can take some time if the insurance carrier disputes any part of the wreck. If the company believes their driver was not at fault in causing the wreck or you did not sustain as severe of injuries as you claim, they may be less willing to pay you promptly.
You may need to file a lawsuit to obtain a court order directing the insurance company to pay.
Settlement Agreements
Any time before a judge or jury renders a verdict on the merits of your case, you and any other involved party can reach a settlement agreement.
No matter how you word them or when you reach them, these agreements operate to end any claim for compensation you have against the other party in exchange for the other party’s payment to you of a specific value of damages.
You lose your legal right to pursue compensation against a party if you settle with them, so it is always advisable to speak with a New York taxi cab accident lawyer before agreeing to any settlement. Doing this can keep you from agreeing too hastily to an amount that does little to address your needs and losses.
Lawsuit and Trial
Lastly, you can file a formal lawsuit with the courts and pursue compensation through the judicial system. Courts have the authority to order that responsible parties pay you compensation for all your losses and harm, even if such payment exceeds their insurance policy limits.
A lawsuit can also be a more manageable way to obtain appropriate compensation from several responsible parties when multiple people’s carelessness led to the crash.
However, preparing for and presenting your case at trial can take considerable time. The speed with which your case would reach trial would depend on the time needed to get the reports, documents, and witnesses you need to prove your case and the availability of the other party and the court for trial.
It is common for some taxi cab injury cases to take a year or more before they proceed to trial and verdict.
How Your Taxi Cab Accident Lawyer Assists You
These options are not mutually exclusive. For example, you may pursue an insurance claim while also filing a lawsuit against the responsible party for additional compensation you need. Similarly, just because you filed a lawsuit against a party does not preclude you from settling your case with them later.
One of the skills your experienced taxi cab accident lawyer will bring to your situation is the ability to help you manage all of your legal options effectively to achieve your goals best.
Your attorney can help you file an insurance claim while negotiating a settlement and filing a lawsuit. Doing all of these options at once will help maximize the chance you will receive the compensation you need as quickly as possible.
Compensation Available in a Taxi Cab Accident Suit
A successful taxi injury accident lawsuit can allow you to receive compensation for injuries you experienced in the crash. Financial losses, such as medical bills and lost wages, are frequently compensated if the loss is directly related to the collision and your injuries.
A compensation award can also address the emotional and mental harm you sustained. If the trauma of your crash prevents you from engaging in activities as fully and freely as you did before the wreck, you may be entitled to receive financial damages for this loss.
Punitive damages that penalize the at-fault party for their careless conduct are not often available in taxi crash lawsuits, absent evidence that someone’s behavior was especially reprehensible.
Frequently Asked Questions About New York Taxi Cab Accidents
How Taxi Cab Accidents in the Bronx Happen?
An accident involving a taxi can happen in one of two ways:
- The cab in which an individual is riding in as a passenger is struck by another vehicle or the taxi driver accidently strikes another vehicle.
- A taxi cab strikes the motor vehicle that an individual is riding in/on (as a driver or passenger).
What to Do After You Are Involved in a Taxi Cab Accident?
Since New York is a No-Fault state, after a cab accident, your Personal Injury Protection (PIP) car insurance will provide coverage for your injuries. This ensures that you can seek treatment immediately and do not have to wait for someone else’s insurance company to pick up your medical bills, lost wages and/or rehabilitation costs. If you have a personal injury case, all of these issues will be sorted out later.
Who can I sue for my Bronx taxi crash injuries?
It depends on the facts and circumstances of your crash. Generally speaking, any person, individual, or entity whose unreasonably dangerous decisions or actions caused the taxi accident that injured you may have a legal liability to you for damages. Depending on the circumstances, that could include the cab driver, a cab company, an automotive manufacturer, the driver of some other vehicle, and even the City of New York.
Keep in mind, too, that in some circumstances, you may not have a claim against anyone (if, for example, you suffered only minor injuries that are covered by your own personal injury protection auto insurance).
The best way to determine who has legal liability for your injuries is to contact an experienced Bronx taxi accident injury lawyer for a free consultation.
How much money can I get for my Bronx taxi accident injuries?
There’s no guarantee that you can recover money for your Bronx taxi accident injuries. Every case is different.
If you have a successful claim, the amount you might get generally depends on two factors: how bad your injuries are, and who has a legal liability to you for them.
The severity of your injuries matters because it influences the amount of compensation you can seek.
In a Bronx taxi accident case, an injured victim can usually seek compensation for:
- Medical and non-medical expenses;
- Lost wages/income; and
- Pain and suffering.
Obviously, the worse your injuries, the greater each of these categories of damages is likely to be. Serious injuries like traumatic brain injury or spinal cord damage tend to have the highest amounts of damages associated with them, although that is only a general rule and there are lots of exceptions.
The identity of the person, company, or entity that has legal liability for your injuries matters because that will determine the financial resources available to pay your claim. Taxi drivers, for example, must carry for-hire insurance that covers injuries in an accident caused by the cab driver. The amount of money you can realistically hope to recover may depend on the limits of that, or any other, insurance policy that covers your injuries.
Ask a skilled Bronx taxi accident injury lawyer to evaluate how much money you may have the ability to recover as damages for your injuries.
How long does it take to get paid after a Bronx taxi accident?
There is no guarantee you will get paid, but if you do, the amount of time it takes for that to happen can vary widely. A skilled Bronx taxi accident injury lawyer may resolve some claims in a matter of weeks. It may take a year or more for the same lawyer to get a favorable result in a different case.
The factors that influence how long it takes for a successful accident injury claim to result in payment are mostly out of your control.
They include:
- The severity of your injuries and how long it takes to get a clear picture of your chances for recovery;
- The amount of money at stake;
- The degree of dispute about who has legal liability and how much money they should pay; and
- The number of parties involved in the dispute.
One factor that you do control, however, is the timing of when you talk to an experienced Bronx taxi accident injury lawyer. The sooner you consult with a lawyer about your accident and injuries, the sooner the lawyer can begin working to achieve the best possible outcome for your situation.
How should I handle my medical bills in the meantime?
Serious injuries from a Bronx taxi accident can leave you with high medical bills, even after your insurance pays for some of them. For now, these bills are your responsibility, even though someone else has a legal liability to you for your injuries. If that doesn’t seem fair, you’re right. It isn’t.
The good news is that doctors, hospitals, and other medical billers understand that sometimes their patients get hurt through no fault of their own. These providers will often work with patients to delay payment until the patient has resolved a legal claim for damages against the party at-fault for their injuries.
Speak with an experienced Bronx taxi cab accident injury lawyer right away if you feel pressured to pay medical expenses that you should have had in the first place. Lawyers can often help communicate with medical billers to work out arrangements until your claim has been resolved.
Do I really need a Bronx taxi accident lawyer?
Yes, you really need a lawyer. You cannot hope to obtain the full amount of compensation you deserve for your Bronx taxi accident injuries without one.
The actions a lawyer takes for a Bronx cab crash victim vary depending on the circumstances.
However, generally speaking, they include tasks that crash victims cannot (and should never try to) handle on their own, such as:
- Investigating the accident to determine how it happened and who was at fault;
- Planning a legal strategy to obtain compensation from the parties with legal liability;
- Executing that strategy, which often includes filing a lawsuit in Bronx court;
- Negotiating a settlement, if possible, with defense lawyers and insurance companies; and
- Going to trial to seek an award from a Bronx jury, if that is what it takes to get an accident victim paid appropriate compensation.
Cab accidents in the Bronx can get legally and factually complicated. Trust only an experienced Bronx taxi accident injury lawyer who understands taxi regulations and knows the way around courthouses in the Bronx, with your injury claim.
To learn more about your legal rights after suffering injuries in a Bronx taxi cab accident, contact an experienced attorney at the Ivan Diamond Bronx Personal Injury Attorney today for a free case evaluation.
Contact Ivan Diamond Bronx Personal Injury Attorney Today
Time is not on your side after a taxi wreck. If you find yourself injured or a loved one is hurt after such an event, contact us at Ivan Diamond Bronx Personal Injury Attorney for help at (718) 588-2000. With years of experience handling tough and complicated injury claims, a personal injury Law Firm in Bronx can help you sort out the facts of your case and pursue just compensation.
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January 2020