Written by The Barnes Firm, reviewed by Richard Barnes
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Rich Barnes
President
The streets of New York City are never still, with heavy traffic and a continuous stream of taxis. Unfortunately, far too many locals and tourists are injured in accidents while riding in taxis. Being involved in an accident can be overwhelming, from medical treatment to financial strains to complex insurance claims. Seeking legal representation can help protect your rights and recover compensation.
At The Barnes Firm, our experienced New York taxi accident lawyers are committed to building a strong case on your behalf to help you get the compensation you deserve.
With the hustle and bustle of New York City streets, accidents involving taxis are quite common. Getting fair compensation starts with choosing the right attorney to help protect your rights. Our experienced New York attorneys will guide you through every step of the legal process, helping you get the best possible outcome for your case. Our lawyers are experienced in handling taxi accidents, including insurance policies, liability disputes, and observance of regulations.
A New York taxi accident lawyer can help you navigate complex legal procedures and maximize compensation. The attorney will investigate the accident, gather crucial evidence, and build a strong case on your behalf. Lawyers negotiate with insurance companies for a fair settlement, file a lawsuit when necessary, and represent you in court. Part of the legal representation is also making sure that all the paperwork gets filed correctly and on time.
The lawyers work with medical professionals to determine the extent of your injuries and what it will take for you to recover from them. They identify all responsible parties, including the taxi driver, another driver, or the taxi company. An attorney will stand up for your rights against the insurance company’s unfair tactics, providing the strong legal representation critical in depositions and courtrooms.
With an experienced attorney by your side, you’ll have the support needed to help obtain the compensation you deserve, allowing you to focus on your recovery.
As a passenger, you can claim compensation for your injuries and losses sustained in the accident in a taxi. Whether the taxi driver was at fault or another party caused the crash, you may be eligible for damages such as medical expenses, lost wages, pain and suffering, emotional distress, rehabilitation costs, permanent disability or disfigurement, and loss of enjoyment of life.
After a taxi accident, it is wise to take the following steps to protect your rights and strengthen your claim:
“Alex Bouganim is the managing attorney at the Manhattan Office of The Barnes Firm. As managing attorney, Alex is responsible for overseeing all of the cases in the Manhattan Office. In addition to focusing his practice on general negligence cases, including car accidents, slip/trip and falls, and wrongful death cases, Alex is the Co-Chair of the firm’s construction site accident department. “
Most taxi accidents within New York City are brought about by reckless or aggressive driving, distracted driving, and speeding. In addition, the poor maintenance of vehicles, driver fatigue due to long hours of driving, and adverse weather conditions contribute to accidents. Other taxi drivers do not yield to pedestrians or bicyclists, make improper lane changes or U-turns, or even operate their vehicles under the influence of drugs or alcohol. Knowing what caused an accident is important in determining liability and seeking compensation.
Taxi drivers can experience long hours that cause fatigue. The pressure to make more rounds to get high fares sometimes leads to improper driving, which includes tailgating, beating the red lights, and using illegal turns.
Severe injuries that can result from a taxi accident include whiplash, neck injury, broken bones or fractures, and traumatic brain injury.
Additionally, psychological trauma related to PTSD might affect victims well after the incident. Apart from injury, burns from the fire of a vehicle or even from airbag deployment may occur. The severity of injuries depends on factors such as speed, impact force, and seatbelt usage.
Depending on the severity, recovery from these kinds of injuries can take weeks, months, or years. Some may require additional physical therapy, surgery, or specialty treatment to return certain types of mobility and functionality.
These include medical expenses such as hospitalization, surgery, medication, and rehabilitation. The other major components are lost income from lost days of work, future medical expenses, and diminished earning capacity. Victims may also claim reimbursement for necessary out-of-pocket expenses when injuries affect their lives because they need to hire caregivers or home assistance.
Transportation expenses, such as travel to medical appointments and emergency services, are also included in claims. Because these costs accumulate so rapidly, victims should not hesitate to seek full and fair compensation that will help their recovery process.
Non-economic damages compensate for pain and suffering, emotional distress, and a degraded quality of life. These damages are subjective by nature and vary quite a bit from case to case. They take into account the mental and emotional impact caused by an accident—anxiety, depression, loss of enjoyment of life, and one’s inability to participate in activities previously taken as part of daily living.
According to New York Civil Practice Law & Rules Section 1600, compensation for non-economic damages is recoverable for injuries proven as caused by a negligent act of another. This award may include the severity of the injury and the length of time suffering occurred, among others, with expert testimony in support.
Punitive damages constitute a distinct category typically awarded when the liable party has acted recklessly, with intent, or negligently. In contrast to economic and non-economic damages, designed to compensate the victim for their losses, punitive damages are intended to penalize the party at fault and act as a deterrent against the recurrence of similar conduct. Such awards are typically conferred in instances of extreme negligence, exemplified by scenarios such as a taxi driver operating a vehicle while under the influence of alcohol or a corporation being aware of the failure to perform essential vehicle maintenance, which subsequently results in accidents.
In New York City, taxis must possess insurance that meets specific minimum coverage requirements. These include liability insurance, personal injury protection (PIP), and coverage for uninsured or underinsured motorists. These policies offer coverage designed to assist in paying medical expenses, lost income, and other damages incurred by accident victims.
To secure the utmost compensation following a taxi accident, the victim must document all medical treatments received, retain receipts for incurred expenses and lost wages, and seek legal counsel to facilitate negotiations with the insurance company. The victim must also refrain from engaging in precipitous settlements that may result in the devaluation of claims.
Furthermore, if the taxi driver possesses inadequate insurance coverage or is uninsured, victims may seek compensation through their uninsured/underinsured motorist policy. An attorney will pursue compensation for recovery, which may encompass a claim against the transportation company or other liable entities.
In New York, the existing regulation mandates that individuals who have incurred injuries in taxi accidents are permitted to file personal injury litigation within a period of three years from the date of the incident. When the claim is directed against a governmental entity, such as a city-operated public transportation system, the period for filing is 6 months. It is important to engage an attorney at the earliest opportunity in order to comply with all legal deadlines.
If the taxi driver acted negligently, they may be liable for speeding, running a red light, and distracted or impaired driving.
If another driver caused the accident, they may be liable.
Taxi companies may be liable in situations where they fail to provide proper training to their drivers and do not conduct background checks or service their vehicles.
Mechanical failures such as bad brakes, tire failure, or engine trouble may lead to a liability case against the maintenance company or manufacturer.
If you’ve been injured in a taxi accident in New York City, a New York taxi accident lawyer can guide you through the legal process and help you secure the compensation you deserve. At The Barnes Firm, our experienced attorneys will protect your rights, negotiate with insurance companies, and help you get the best result possible. Contact us today for a free consultation.
Call us at (800) 800-0000 for a free consultation.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
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The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.
Compensation varies based on factors such as the severity of injuries, medical expenses, lost income, and pain and suffering. An attorney can provide a more accurate estimate based on case specifics.
Yes, New York adheres to the comparative negligence rule; therefore, victims can recover their damages even when they are partially at fault, though compensation may be reduced proportionally.
Taxi accidents are normal in New York City, where there is a high traffic volume, aggressive driving, and always congested roads. Every year, thousands of crashes involving a taxi are reported.
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