Tennessee taxi accidents raise complex legal questions for injured passengers
Hailing a cab is one of the easiest, most convenient ways to get around when you do not have access to your own vehicle, particularly in a busy city like Nashville. However, you do not escape the risk of traffic crashes by taking a taxi. The threat remains for all road users, and statistics from theTennessee Department of Safety and Homeland Security reveal the dangers of motor vehicle accidents. Every year, more than 93,000 people are injured in these incidents, leading to significant losses.
Passengers who are injured in taxi collisions have the same rights as victims of other collisions, so you may qualify to recover compensation if you were hurt. A key question for many individuals is whether the cab driver is responsible, and aNashville car accident lawyer can provide a detailed answer. Some background will also help you understand important legal issues and how the process works.
Negligence is the Key
In the legal field, to say someone is responsible for a collision is a reference to liability. Under Tennessee law, the theory of liability that applies to auto crashes is negligence. To qualify for compensation, you must prove that the at-fault motorist caused the accident by failing to exercise reasonable care when driving. As such, the negligent party may be either the taxi driver or another motorist. These individuals breach the legal duty of care by:
- Speeding;
- Running red lights and stop signs;
- Driving while under the influence of alcohol or drugs;
- Failure to yield right of way;
- Texting, talking on the phone, or engaging on social media; and,
- Eating, adjusting the radio, using a GPS, and other non-phone distracted driving.
Challenges in Taxi Crash Cases
When the cab driver is responsible for the taxi accident, you will actually be dealing with an insurance company to recover compensation. Insurers are for-profit businesses, so the initial hurdles start upon filing your claim. The company will look for reasons to deny payment, especially by trying to place the blame on drivers of other vehicles.
Another challenge that arises in taxi crash cases is that there is often an employment relationship between the driver and a taxi company. You may need to pursue the taxi driver’s employer, which requires additional proof beyond the elements of negligence. Vicarious liability applies, so you need evidence showing that the negligent acts of the cab driver occurred within the scope of his or her employment.
With a strategy for addressing pitfalls, you could recover for:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Emotional distress; and,
- Many other types of losses.
Contact a Tennessee Car Accidents Attorney for Additional Details
If you were injured as a passenger in a taxi, you can trust Bednarz Law to overcome challenges and meet important requirements throughout the legal process. For more information, please call 615-256-0100 orvisit us online to set up a no-cost case analysis. After reviewing your situation, a Tennessee taxi accident lawyer will advise you on the details.