They may not be as commonly used these days as modern rideshare apps like Uber and Lyft, but traditional taxi services still operate and carry thousands of passengers each year through the city of Wilmington. Unfortunately, cab drivers can be irresponsible behind the wheel just like any other type of driver, and that sometimes leads to preventable traffic collisions with devastating and even life-threatening consequences.
Filing a civil suit over a taxi accident in Wilmington works similarly to other types of car crash litigation in some ways and very differently in others, especially if the taxi driver was an “employee” of the taxi company rather than an independent contractor. The support of a skilled car accident lawyer from Doroshow, Pasquale, Krawitz, and Bhaya can make a huge difference in how effectively you can navigate around legal roadblocks during your claim and what amount of restitution you ultimately receive.
Who Is Legally Liable for a Taxicab Crash in Wilmington?
Taxi drivers and companies operating in Delaware are required to carry special insurance designed to protect their vehicles and employees as well as the paying customers they are carrying from place to place. In practice, this means the financial recovery process following a taxi wreck in Wilmington usually begins—and often ends as well—with a claim filed against the taxi driver’s individual car insurance policy and/or the taxi company’s insurance policy.
If insurance does not cover all losses stemming from a serious wreck, it may be possible to file suit directly against the taxi driver for their own “negligent” behavior—which could be anything from an overt violation of traffic law to a momentary lapse in concentration behind the wheel—contributing to causing the wreck. Additionally, if the driver is classified legally as an “employee” of the taxi company they work for, that taxi company may hold “vicarious liability” for their employee’s misconduct, which could allow for much greater financial recovery than a claim against a single cab driver could.
Getting Paid Fairly Within Filing Deadlines
A lawsuit or settlement based on a Wilmington taxi accident can demand compensation for both economic and non-economic consequences of the wreck that insurance has not already covered, including both past and future losses—relative to when the litigation process actually begins—such as:
- Expected long-term medical expenses
- Lost working and earning capacity
- Other costs associated with long-term disability for things like wheelchairs and home modifications
- Physical discomfort and pain
- Emotional anguish
- Lost overall enjoyment/quality of life
No matter how serious someone’s injuries are, though, they typically have two years at most under Delaware Code Title 10, § 8119 to file suit against the party or parties at fault for causing them, or else they will likely be “time-barred” from ever recovering civilly for that particular injury.
Get Help From a Wilmington Attorney With a Taxi Accident Claim
Taking a cab operated by a professional driver should in theory be safer than driving yourself around in your own personal or rented vehicle. In practice, though, taxi drivers get involved in traffic collisions more often than you might expect, and they are often the ones to blame for causing those crashes to begin with.
If you were hurt recently under circumstances like this, the legal team at Doroshow, Pasquale, Krawitz, and Bhaya is ready to help you take proactive legal action. Call today to discuss your legal options following a taxi accident in Wilmington.