Taxi Collides with Your Car

I’m Indiana personal injury attorney David Holub.

This video is prompted by a call from a caller who was a passenger in a car that was hit by a tax cab. If a cab driver is at fault, any occupant in the car hit by the taxi could have a claim against both the cab driver and the cab company. Key issues that will come up will be, was the cab driver operating the vehicle within the course and course and scope of his employment.

Why that’s important is if the cab driver is on duty, then certainly he’s in the course and scope of his employment. But if he’s not on duty, he’s just driving somewhere on a personal errand, maybe to get a sandwich at a store, then there may be a argument that he’s that the cab company is not liable for what he does operating the cab. Another issue that might come up is, was the cab driver properly vetted? If he did not, and he wasn’t properly screened, the company still could be liable for what he did if he was at fault.

Another issue that comes up would be, was the cab properly maintained and did some failure of maintenance cause the crash. Responsibility to properly maintain a vehicle usually falls on the cab company that owns the vehicle.

One of the key factors that will be important, and usually is to the benefit of the occupant of the car hit by the cab, whether it be a driver or a passenger, would be that cabs usually are insured under a fleet insurance policy, which means the entire fleet of cabs is under one policy, and usually the cab company policy limits will be a million dollars. So those are key factors that would come up if you’re occupying another car that’s hit by a cab. I hope you found this information helpful.

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