Rear-end collisions are one of the most common types of accidents involving taxis. In these accidents, a taxi gets hit from behind by another vehicle. But who is at fault and liable for injuries and damages? There are a few key factors that help determine liability in these types of claims.
Determining Fault in Rear-End Taxi Accidents
Fault in a rear-end collision almost always lies with the rear vehicle. This is because drivers have a duty to maintain a safe following distance behind the vehicle in front of them. If they cannot stop in time before hitting the taxi, they are typically considered at fault. However, there are some exceptions:
- Sudden stops by the taxi driver – If the taxi makes a sudden stop without an appropriate signal, some comparative fault may lie with them.
- Hazardous road conditions – Poor visibility, slick roads, or other dangerous conditions could potentially shift some blame to the taxi driver if they did not adjust their driving accordingly.
- Mechanical failure – If something like failed brakes on the rear vehicle contributed to the accident, liability could potentially shift.
In these scenarios, a taxi driver’s potential comparative negligence will be examined. But in most clear-cut rear-end collisions the fault lies with the rear driver.
Establishing the Extent of Damages
Once fault is determined, the next step is calculating damages owed by the liable party. This includes:
- Property damage – Damage to the vehicles involved, including the cost of repairs or totaling. Photos, repair estimates, and insurance claim documentation help establish this.
- Personal injuries – Any medical expenses, lost wages, pain and suffering, or other harms to the taxi driver. Medical records, income docs, and testimony establish injury claims.
- Lost business – Any earnings lost by the taxi driver being unable to work during recovery. Taxi company data helps verify this.
Thorough documentation and evidence gathering is key to proving the full extent of rear-end accident damages.
Pursuing Rightful Compensation
There are a few avenues for pursuing compensation after a taxi rear-end accident:
- Insurance claims – Liability insurance of the at-fault driver should cover damages up to policy limits.
- Lawsuits – If insurance won’t fully cover damages, a personal injury lawsuit may be warranted against the liable driver. An experienced attorney can advise if this is the best course.
- Uninsured/underinsured motorist coverage – If the at-fault driver lacks sufficient insurance, the taxi driver’s own coverage may help cover gaps.
No matter what options are pursued, documentation is key. Police reports, accident photos, medical records, and other evidence bolsters a claim.
Protect Your Rights After a Taxi Rear-End Collision
The effects of rear-end collisions can linger long after the actual accident. Don’t just accept what insurance companies offer – ensure you receive full and fair compensation. Consult with a qualified car accident lawyer to fully understand your rights and legal options. An attorney can handle insurance negotiations and litigation so you can focus on recovery.
If you’ve been involved in a rear-end collision, we can help.
Visit our office at 15 Broad St #800 Boston, MA 02109.
Or call now for a free consultation on (617) 263-0860.