Hit By a Taxi in New York City: How Can I Prove Liability?
New York City Collisions with Taxi Cabs Can Result in Serious Personal Injuries and Even Death
New York City has approximately 13,587 yellow taxis roaming its busy streets. These taxis weave in and out of traffic, speed down side streets, and even hop curbs to get around other vehicles and pedestrians. While many of these taxi drivers are some of the most skilled drivers in the City, unfortunately many of these taxi drivers are also some of the riskiest and most aggressive drivers.
As a result, this frequently can result in very serious accidents with pedestrians crossing the street or on the side of the road. Taxi cab accidents with pedestrians cause very serious personal injuries or wrongful deaths because pedestrians do not have the benefit of airbags, helmets, side curtains, seatbelts, or even the metal shell of a vehicle around them. Any contact by a speeding taxi cab will cause damage to a person’s body, even at a low speed. If you or a loved one were hit by a New York City taxi cab, call SAMUEL & STEIN for a free consultation by dialing (646) 681-4193 to learn how we can help protect your rights to compensation.
Winning a New York City Taxi Cab Collision Case
Generally, there are two main ways to win a taxi cab collision case as a pedestrian. The first and most common is under a cause of action for common law negligence. The second way is by and through the statutory law under the doctrine of negligence per se.
Victims of taxi cab crashes can use both methods to win a case, only one, or a combination.
Under the Common Law
For instance, under the New York common law, or judge-made law, a driver of a motor vehicle owes a duty to use reasonable care under the circumstances in the use or operation of his or her vehicle. This includes avoiding collisions with other vehicles or people. When a driver breaches this duty and causes damages to another person, the driver will be found negligent and may be liable for such damages.
Under the Statutory Law
Additionally, under the New York statutory law, or Legislatively-made law, a vehicle must yield to the right of way to a pedestrian in a crosswalk by stopping or slowing to avoid a collision under New York Vehicle and Traffic Law s 1151. Even outside of a crosswalk, a motor vehicle must avoid colliding with a pedestrian. Further, under New York Vehicle and Traffic Law s 1212, a motorist must avoid driving recklessly in a manner which “unreasonably endangers users of the public highway.”
If a motorist violates either of these statutes and causes personal injuries to a pedestrian, he or she will be found to be negligent per se, or automatically negligent, for the crash and any injuries proximately caused by the crash.
Hit by a Taxi Cab? Call Our Taxi Cab Collision Lawyers at SAMUEL & STEIN
If you or a loved one have been injured in a New York City taxi cab collision, call The Law Office of SAMUEL & STEIN for a FREE consultation by dialing (646) 681-4193 or use the Evaluate Now contact box. If we accept your case, we will conduct a free and thorough investigation into your accident and injuries to protect your rights to compensation. While we cannot guarantee a similar outcome to a prior result, we can guarantee that we will work hard for you and your family in your time of need.