You’ve just received a text message from your friend asking whether you’re coming to the party. You’re sitting in the backseat of a cab with a cab driver that you’ve noticed seems to be paying a little too much attention to his phone. Disregarding this, you look down to reply to your friend. Suddenly, you hear screeching rubber as the cab lurches. Metal crunches as the world flashes past you in a whirl of color. You’ve come to a stop. You’re in the middle of the intersection and in shock, but still buckled in. You realize what happened: you were in a taxi accident because your cab driver was using his phone when he didn’t realize that a stop sign was ahead. Entering cross-traffic without stopping, the taxi cab took the full force of another car that had the right-of-way.
Unfortunately, accidents like the one described above are more common than we’d like to believe. You place your safety into the hands of the taxi cab driver when you enter the vehicle and expect the driver to be responsible. Whether you’re a passenger in the taxi cab or an unfortunate individual in another vehicle involved in the accident, you may be entitled to compensation for any injuries sustained and losses resulting therefrom.
At Sherman Law Firm, we are devoted to helping those who have been injured be made whole. Through zealous advocacy and exceptional trial skills, we are able effectively and efficiently resolve personal injury cases to ensure that you receive the best outcome possible. If you have been involved in a taxi accident in the Houston metro area, please contact our personal injury lawyer as soon as possible for a free consultation to discuss your available courses of action.
What do I have to prove for a successful taxi accident claim?
If you’ve been injured in a taxi accident and are seeking damages through a personal injury lawsuit, then the four elements of negligence must be proven. When proving each element, the burden of proof is “by a preponderance of the evidence,” which is a lower burden of proof than criminal law’s “beyond a reasonable doubt.” In establishing each element by a preponderance of the evidence, you must prove that it is more likely than note. The four elements which must all be proven to bring a successful claim resulting from a taxi accident are:
- The taxi driver owed you a duty of care;
- The taxi driver breached that duty of care;
- The taxi driver’s breach of his or her duty of care was the proximate cause of your injured; and,
- The injuries you sustained resulted in real and actual damages
Establishing all four elements of negligence requires a skilled attorney. At Sherman Law Firm, we have successfully represented the people of the greater Houston area pursue personal injury claims relying upon establishing negligence. Through diligent review of each case and every facet, as well as our ability to fluently integrate third-parties such as expert witnesses, we ensure that you interests are represented at the highest possible level.
How will I be compensated?
If you have been injured in a taxi accident, you may be entitled to compensation for your losses. The losses that you suffer because of the accident are known in law as “damages.” When pursuing damages, the first three elements of negligence present significant hurdles. Nonetheless, the fourth element is equally important. If you were involved in a taxi accident but somehow did not suffer any injury, then you are not entitled to damages. In establishing damages, the following categories are most common:
- Out-of-pocket medical expenses
- Lost wages
- Lost earning capacity
- Property damages
- Pain and suffering
Out-of-pocket medical expenses include any medical expenses that you incur as a direct result of the taxi accident. For example, if you are injured in the taxi accident and require immediate medical attention costing $3,000, you may be able to claim those medical expenses as damages.
Lost wages include any wages that are foregone because of the taxi accident. If you’re injured in a taxi accident and are unable to return to work for a week, or are forced to receive lower pay because of a short-term inability to perform certain work, then you may be able to claim that lost money as damages.
Lost earning capacity is a long-term version of lost wages. If you are injured in a taxi accident and are unable to continue work in your profession or cannot further your income because of the injury, then that loss may be compensable as lost earning capacity.
Any personal property damaged in the taxi accident may be claimed as damages. If you were a passenger and damaged your phone in the accident, then the damage to your phone may be claimed as personal property damages.
Pain and suffering includes physical and emotional stress that is not financial in nature. Pain and suffering damages is an exceptionally complex area of law that requires a skilled attorney experienced in quantifying and establishing pain and suffering damages. At Sherman Law Firm, we are well-versed in successfully establishing negligence and proving the above-listed damages – even the most difficult pain and suffering.
Contact Our Houston Taxi Accident Attorney
If you have been injured in a taxi accident, you may be entitled to compensation. It wasn’t your choice to be injured in a taxi accident, but it is your choice for whether you should suffer the full cost of your injuries. At Sherman Law Firm, we help local Houston residents who have been injured by others claim the compensation that they deserve. If you have been injured in a taxi accident in the greater Houston area, please contact our office today for a free consultation.