If taking a taxi cab through Dallas, Texas ends in a car accident, you may not know where to turn for financial reimbursement for your medical bills. Unlike a typical car accident claim, you will have more than just the driver of the vehicle to contend with. You may also have the right to file a claim against the taxi company or other parties. Find out who is liable for your taxi cab accidents to better understand your legal rights.
Texas Is a Fault State
Determining liability, or financial responsibility, for an automobile accident starts with understanding the insurance law in your state. Texas, like most states, uses a tort-based insurance law. This means that the party responsible for paying for an auto accident is the one most at fault for causing the wreck.
In a no-fault state, on the other hand, all drivers seek reimbursement from their own insurance providers, regardless of who caused the crash. Texas’s fault law means that you have the right to seek compensation from someone else’s insurance provider rather than your own. However, you or your attorney will need to prove fault using clear and convincing evidence to obtain compensation.
Who Is Responsible When a Taxi Cab Crashes?
A taxi cab accident is unique in that it involves more than just the driver of the cab. It also involves the taxi company. In the taxi industry, drivers are typically classified as employees. This means that the taxi cab company accepts responsibility (vicarious liability) for its drivers and the car accidents that they cause, in most cases.
An investigation will be necessary to determine who or what caused your taxi cab accident. If a taxi driver caused your crash, such as by distracted driving, speeding or violating a traffic law, you can most likely hold the taxi company liable. You may also be able to file a claim against the taxi company if its own mistake caused or contributed to the crash. For example, if the taxi company failed to properly background-check a driver, train a driver or maintain its vehicles and this caused the accident, the company is directly responsible.
If an investigation finds that someone outside of the taxi cab is responsible for causing the crash, you may be able to file a claim against that third party. If another driver broke a roadway rule and crashed into your cab while you were riding as a passenger, for example, you may be able to bring a claim with that driver's auto insurance policy. Other potentially liable parties include an auto part manufacturer and the city or state government, depending on the circumstances.
How to Prove Fault for a Taxi Cab Accident
During an insurance claim or personal injury lawsuit for a taxi cab accident, the burden of proof rests with you – the injured victim. It is your responsibility to prove that what you are claiming is more likely to be true than not true. You or your car accident lawyer will need to collect and present evidence that shows that the defendant committed a careless act or omission, and that this was the direct cause of your taxi cab accident. You can help support your case by taking the following steps:
- Make sure someone calls the police from the scene of the accident.
- Speak to eyewitnesses and collect their information.
- Document the crash by taking photographs and videos at the scene.
- Go to a hospital immediately for medical care.
- Write down the name of the taxi company, the taxi number, the license plate number and the taxi driver's name.
When it comes to time to file an insurance claim, a police report, photographs, copies of your medical bills and eyewitness statements can all serve as evidence to support your case and prove your losses. If you need assistance gathering evidence or fighting for maximum financial compensation for a taxi cab accident in Texas, contact an attorney.