Taxi Cab Accidents

Top-Rated Illinois Car Accident Attorneys Representing Victims of Cab Accidents

If you’ve been injured in a taxi cab accident in Illinois, you may wonder who is responsible for your medical bills, lost wages, and other damages. Navigating the legal landscape in a cab-related accident can be complicated, especially when multiple parties are involved, such as the driver, cab company, or even other vehicles. At John J. Malm & Associates, our team of experienced Illinois car accident attorneys will walk you through what you need to know about liability in Illinois taxi accidents and how our Illinois personal injury attorneys can help.

Common Causes of Taxi Accidents

Cab accidents can happen for many reasons, often similar to other vehicle crashes. Some of the most common causes include:

1. Driver Fatigue: Cab drivers often work long hours, which can lead to fatigue and slow reaction times. Fatigue is one of the leading causes of car accidents and is particularly dangerous when drivers are operating in congested urban areas like Chicago.
2. Distracted Driving: Drivers who use phones for navigation or accept rides through dispatch apps may become distracted. Even a few seconds of distraction can lead to serious accidents.
3. Speeding or Reckless Driving: Cab drivers are typically paid by the ride, which may incentivize them to speed or drive aggressively to complete more rides in less time.
4. Poor Vehicle Maintenance: Taxi cabs endure more wear and tear than the average vehicle. Inadequate maintenance—such as failing to replace brakes or tires—can result in accidents.
5. Other Drivers: In many cases, it’s not the cab driver’s fault. Other drivers on the road, including reckless or intoxicated motorists, may cause collisions involving cabs.
6. Weather Conditions: Chicago’s unpredictable weather, including snow, ice, and rain, can make driving hazardous and lead to accidents, especially if drivers fail to adjust their speed and behavior accordingly.

Who is Liable in a Cab Accident?

Determining liability in a cab accident requires an understanding of Illinois law and the unique aspects of the cab industry. Several parties could be held responsible, including:

1. The Cab Driver

If the cab driver’s negligent or reckless behavior caused the accident, they may be personally liable for the injuries and damages. Cab drivers have a duty to operate their vehicles safely, and any breach of that duty—whether by speeding, running a red light, or failing to yield—could make them liable.

2. The Cab Company

In many cases, the cab company that employs the driver can also be held responsible under the legal doctrine of respondeat superior, which holds employers accountable for the actions of their employees while they are working. If the driver was on duty and providing taxi services when the accident occurred, the cab company may be liable for the driver’s actions.

Additionally, cab companies have a responsibility to ensure that their vehicles are well-maintained and that their drivers are adequately trained. If a company fails to maintain its fleet or hires a driver with a history of reckless driving, the company could be found negligent.

3. Third Parties

Sometimes, another driver or even a pedestrian might be responsible for causing a cab accident. In these cases, the third party’s insurance could be liable for covering the damages.

4. Vehicle Manufacturers

If a defective part—such as faulty brakes or steering—causes an accident, the vehicle’s manufacturer or the company responsible for maintaining the fleet could be held liable.

5. Your Uninsured/Underinsured Insurance Carrier

If the taxi cab company does not have valid insurance or your damages exceed the cab’s insurance limits, your uninsured/underinsured motor vehicle insurance carrier, may provide coverage for your car accident claim.

Types of Damages You Can Recover in a Cab Accident

If you are injured in a taxi accident, you may be entitled to various types of compensation. In Illinois, personal injury claims typically include:

1. Medical Expenses: This includes all past, present, and future medical bills related to the accident, such as hospital visits, surgeries, prescription medications, physical therapy, and medical equipment.
2. Lost Wages: If you’re unable to work due to your injuries, you may be able to recover lost wages, including any future loss of earning capacity.
3. Pain and Suffering: In addition to financial losses, you can seek compensation for the physical pain and emotional distress caused by the accident.
4. Disability and Disfigurement: If the accident results in long-term or permanent disability or disfigurement, you may receive additional compensation.
5. Wrongful Death: If a loved one dies in a cab accident, surviving family members may file a wrongful death claim to seek compensation for funeral expenses, loss of companionship, and loss of financial support.

Filing a Claim Against a Cab Driver or Company in Illinois

When filing a personal injury claim after a cab accident, several important steps should be followed:

1. Gather Evidence

Start by gathering as much evidence as possible from the scene of the accident. This can include photographs, witness statements, and police reports. Your attorney may also seek additional evidence, such as cab company maintenance records, driver logs, and dashcam footage if available.

2. Report the Accident

Illinois law requires accidents involving injuries or significant property damage to be reported to the police. Additionally, you should notify your insurance company and the cab company of the accident.

3. Seek Medical Attention

Even if you feel fine immediately after the accident, it’s important to seek medical attention. Some injuries, such as whiplash or internal damage, may not become apparent until later.

4. File a Personal Injury Claim

Your attorney will file a claim on your behalf, either with the cab driver’s insurance company or the cab company’s insurer. It’s important to note that some cab drivers are independent contractors and may carry their own insurance, while others may be covered by the cab company’s commercial policy.

5. Negotiate a Settlement or Go to Court

Most personal injury claims are resolved through settlements, but if the insurance company refuses to offer a fair amount, your attorney may recommend taking the case to court. In this case, they will build a strong argument to prove liability and demonstrate the extent of your damages.

What If You’re a Passenger in the Cab?

If you are injured while riding as a passenger in a cab, you have the same right to compensation as anyone else involved in the accident. The process for filing a claim is similar, but passengers often face fewer obstacles in proving fault, as they are unlikely to be deemed partially responsible for the accident.

The driver, cab company, or another party may be liable for your injuries, and an experienced personal injury attorney can help you determine who should be held accountable and how to pursue a claim.

How Illinois Law Impacts Cab Accident Claims

Comparative Negligence

Illinois follows a modified comparative negligence rule, which means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault attributed to you. However, if you are found to be more than 50% responsible for the accident, you cannot recover any damages.

For example, if you were in a cab that was speeding, but another driver ran a red light and hit the cab, both drivers may share liability. If the court determines that the cab driver was 30% responsible and the other driver was 70% responsible, your compensation would be reduced by 30%.

Statute of Limitations

In Illinois, personal injury claims generally must be filed within two years from the date of the accident. However, if your claim involves a government entity (such as a municipal cab service), you may have only one year to file. Missing the deadline could prevent you from recovering any compensation.

Why You Need an Experienced Illinois Taxi Cab Accident Attorney

Taxi accident claims can be more complicated than regular car accident claims because of the multiple parties involved, commercial insurance policies, and specific industry regulations. The experienced personal injury attorneys at John J. Malm & Associates can help you navigate the complexities of the case, gather evidence, and negotiate with insurance companies to ensure you receive the compensation you deserve.

If you or a loved one has been injured in a cab accident in Illinois, don’t wait to seek legal help. At John J. Malm & Associates, we have extensive experience handling personal injury claims involving cab accidents, and we are dedicated to helping our clients secure the compensation they need to recover. Contact us today for a free consultation, and let us help you navigate the legal process and hold the responsible parties accountable.