Taxi accidents in Colleyville raise complex issues of liability. When you or a relative are injured in an accident as a passenger, you could potentially have a valid personal injury claim to recover financial compensation.
The increased use of rideshare services and accidents involving multiple negligent parties can also complicate liability for personal injury claims, which is why it could be helpful to work with one of our car accident lawyers. Call today to learn more.
Taxi Drivers Are Held to a Higher Standard of Care
To bring a successful personal injury claim for negligence, the injured party must establish that the allegedly at-fault party owed them a duty of care. Taxi drivers fall under the state’s definition of a common carrier, which includes businesses that provide transportation services for money. Public bus drivers, school bus drivers, and rideshare providers also fall under the umbrella of common carriers.
State law stipulates that common carriers owe passengers a heightened degree of care to competently operate vehicles in a very cautious and prudent manner, according to Slentz v. American Airlines, Inc., 817 S.W.2d 366 (Tex.App.1991).
This standard is higher than the reasonable person standard for normal drivers, which means that it is generally easier to show that a taxi driver had a duty of care. If the driver had this responsibility, the plaintiff must also show that they breached that duty of care.
Additionally, the plaintiff must prove that the breach directly caused their harm, the damages were a predictable result of the breach, and the injuries resulted from the incident. Damages can include economic losses, such as lost salary or hospital costs, and noneconomic, like pain and suffering and loss of consortium with a spouse.
Claims Against a Company
In addition to the driver, a Colleyville crash victim could potentially have claims against a taxi company or vehicle manufacturer. For example, the injured party could bring a negligence claim against the taxi company if they failed to perform maintenance on a vehicle or properly screen driver backgrounds. A vehicle manufacturer could potentially have liability if the accident was due to a defective component.
For a free legal consultation, call (817) 775-5364
Rideshare Companies Do Not Have Vicarious Liability
The increased use of rideshare services in Colleyville can present complex issues of liability similar to taxi crashes due to limits on vicarious liability. The state prohibits rideshare companies from having this liability unless they were grossly negligent and failed to follow hiring protocol. The company is still liable under the new laws if a plaintiff shows they were negligent by failing to prevent an unlicensed or disqualified driver from operating on their network.
While rideshare companies have limited liability for accidents involving their drivers, an attorney could help identify if an injured victim has a potential claim for gross negligence against the company.
A plaintiff can also bring a direct claim against the rideshare driver. The state considers these drivers independent contractors rather than common carriers but must still operate the vehicle with a reasonable standard of care.
Colleyville Taxi Accident Lawyer Near Me (817) 775-5364
What if a Plaintiff Was Negligent?
The state’s modified comparative negligence doctrine can limit monetary recovery if a plaintiff’s negligence contributed to the cab crash in Colleyville. If a court rules the plaintiff is over 50 percent responsible, it can completely prohibit the recovery of damages, according to Texas Civil Practices & Remedies Code § 33.001. If a plaintiff is under the threshold, the court will reduce their damages in proportion to their percentage of fault in causing the crash.
A passenger injured in an accident with a rideshare driver could potentially have to pursue personal injury claims against the rideshare driver and another at-fault motorist if a court rules that more than one party’s negligence led to the accident. Tex. Civ. Prac. & Rem. Code § 33.013 provides that the court can hold multiple defendants jointly and severally liable.
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Reach Out to an Attorney in Colleyville About Taxi Crash Injuries
When you or a loved one are injured in taxi accidents in Colleyville you should contact a lawyer as soon as possible. The state has a two-year statute of limitations from the date of the accident that can completely prohibit your claim if you delay.
Luckily, we could help you understand your legal rights when a crash involves multiple negligent drivers or companies. Call today to schedule a consultation with one of our attorneys.
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