Is a Cab Driver Liable in Case of an Accident?
#AskCoryRubin
In major cities throughout Ontario, a large segment of the population relies on taxi cabs each day. As an example, there are more than 5,000 taxis driven by more than 10,000 licensed cab drivers in Toronto, and an estimated 60,000people in the city make use of them each day. Taxis are a convenient way to get around, but cab drivers are as at risk to be involved in a collision with another vehicle as is any driver. When accidents occur, injured passengers could be left wondering about their compensation rights for the injuries they suffer.
Licensing requirements for cab drivers
A taxi is a vehicle for hire. Local municipal governments regulate the licensing of cab drivers. Someone who wishes to drive a taxi in Toronto, for instance, must be licensed by the city. The requirements for obtaining a licence to drive a cab in Toronto include the following:
- Possession of a valid Province of Ontario Class G or higher driver’s licence
- Must be at least 18 years of age
- Submission of a three-year driving record abstract
- Criminal record check
- Photo identification in the form of a driver’s licence or passport
Cab driver licences in Toronto are now called vehicle for hire licences.
Types of cab driver accidents
Drivers of taxi cabs are subject to the same rules of the road as are other motorists, including:
- Maintaining control over their vehicles
- Keeping a lookout for other vehicles, pedestrians or hazards
- Obeying all traffic laws, including speed limits
Taxi accidents usually happen because someone, either the cab driver or another motorist, acted negligently in operating his or her vehicle. For instance, failing to come to a halt at a stop sign or red traffic light would be a violation of a driver’s obligation to obey traffic laws. Anyone injured because of this could file a claim for compensation against the negligent party.
It is possible for a cab driver to do everything properly and still be involved in an accident caused by another motorist. If a passenger in a cab is injured due to the negligence of someone other than the taxi driver, then the claim for compensation would be against the negligent party. In a situation in which a motorist ignores a stop sign and crashes into the side of a taxi at an intersection, a passenger injured in the cab could sue the driver who caused the crash. However, the cab driver might also be liable if it can be proven the taxi was speeding and was unable to avoid the collision. Both the cab driver and the other motorist could be sued by the injured passenger.
What to do following an accident in a cab
If you are injured while riding in a taxi, you should immediately notify the police. This will document the collision and facts about how it happened immediately and also serve to prove your presence in the vehicle and the injuries you suffered.
Assuming your injuries do not prevent you from doing so, try to obtain the names and contact information for any witnesses to the accident. If you have been injured, seek medical attention immediately, and provide copies of all medical bills to your lawyer along with lost wages and other damages you might have incurred because of the accident and the injuries you suffered.
An experienced personal injury lawyer can help
The knowledgeable and skilled personal injury lawyers at Diamond and Diamond have years of experience handling compensation claims for passengers and drivers injured in motor vehicle collisions. Contact our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.