Taxi Accidents: Who Is At Fault?

Taxi is a public transportation service which is mostly popular in many urban areas. And unlike some common carriers, this vehicle provides people with privacy during their travel.

Because of the growing number of taxis, these have become an iconic symbol in the cityscape.

Meanwhile, road accidents involving taxis continue to rise due to driver negligence and recklessness. Another reason why taxi drivers are often involved in accidents is that some of them are notoriously known for violating road safety rules by cutting in traffic and beating the red light just to get faster to their destination.

To avoid accidents, the state law is very lenient when it comes to giving professional driver’s license to common carriers including buses, ships, and taxis.

When it comes to safety traffic rules, drivers of common carriers are also required to follow stricter rules compared to other people who are driving private cars.

According to California state law, common carrier drivers are prohibited from using cell phones, either texting or calling, while there are passengers inside the vehicle.

Who is to Blame?

Because a taxi is considered as a common carrier, the law requires operators and drivers to practice due diligence and provide safety for the passengers. This means that when an accident happens, taxi operators and drivers are usually held liable.

In Contract of Carriage, there is presumption that when a passenger rides in a common carrier, there is a special contract between him and the operator which obligates the latter to provide safety travel.

Meanwhile, this presumption does not cover special cases such as:

1. The passenger’s act has caused the accident.
2. Unexpected events which are beyond the control of everyone (earthquake, landslide)
3. Defective goods
4. Other drivers have caused the accident
5. The pedestrian did not follow traffic rules which resulted to the accident.

In a court proceeding and investigation, liable parties may be:

1. Operators of common carriers – they are required by the law to ensure the safety of their passengers. This means that they should only hire qualified taxi drivers and make sure the vehicles are well-maintained and in good condition.
2. Taxi drivers – it is their responsibility to provide safety to their passengers and should follow traffic rules to make the road safe for everyone.
3. City government – it has the responsibility to maintain the roads in good condition and provide traffic warnings and other signs.
4. Other driver – the law requires them to follow traffic rules for the safety of other people.
5. Pedestrians – they should follow pedestrian rules such as crossing in a specially designated place for them.
6. Passengers – they should not obstruct the attention of the person behind the wheel.

When there are Los Angeles Taxi Accidents, follow this procedure:

• Get relevant information including the name of the involved parties including the witnesses (with their contact details and address) and license number of the vehicles.
• If possible, take a picture of the wreckage.

By: Nemilou Despuez

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