Can I Receive Compensation for Enduring Pain and Suffering during Taxi Accidents?Central New York Legal News
When you take a look at the statistics, taxis can sometimes pose a bigger threat to cyclists and pedestrians than to people riding inside the cabs. However, much like any motor vehicle, taxis aren’t 100% safe refuges for passengers (or drivers, for that matter). In the blink of an eye, an innocent passenger can sustain moderate to severe injuries due to the negligence of a cab driver or the interference of another distracted driver.
On that note, is it possible for you, the passenger, to receive compensation for enduring pain and suffering from injuries during a taxi cab accident? Let’s take a closer look and find out.
No-Fault Insurance in New York State
New York belongs to a small cluster of U.S. states that adhere to a No-Fault Law, meaning that no driver is technically responsible for an accident – regardless of who triggered the crash. As a result, both the at-fault driver and the innocent driver have to speak to their insurers about compensation.
So, why does the law put a heavy hand across accidents? Simply put, New York issued the no-fault policy was issued to make sure that insurance companies only pay for overwhelming expenses directly connected to an accident (e.g. overbearing medical expenses) and to speed up the compensation process overall.
In New York State, taxis are covered by the no-fault law.
How Do I Receive Compensation?
So, how can you receive compensation to bypass the No-Fault Law? Simply put, you must have crossed the “serious injury threshold.” In other words, you must have suffered injuries that are severe or potentially life-threatening if you are seeking to sue, in this case, a taxi driver for negligence or other factors that could have inflicted your pain and suffering.
Based on New York Insurance Law Section 5102(d), you must have suffered one or more of the following injuries to circumvent the No-Fault Law:
- Bone fractures (of any sort)
- Loss of a limb (dismembered body part)
- Miscarriage (loss of a baby)
- Permanent loss or impairment of function in a body part (e.g. organ, limb)
- Temporary impairment of a body part or organ (as diagnosed by a doctor)
- Spinal cord injury
- Traumatic brain injury
Personal Injury Lawyers in New York
In the blink of an eye, a simple drive down the road or major highway can turn into a fight for your life or the life of your loved one. Without warning, you and those you care about can become victims of deadly motor vehicle accidents and will have to reap the consequences, which can include hefty medical bills and an overloading cost of vehicle damages. Still, no one should have to suffer through these problems, particularly if the accident was triggered by negligence or malicious intentions.
Although this might be difficult, though, you must remain calm. With the assistance of a lawyer who is experienced with personal injury cases, you can gather viable resources to create a strong case in court.
Here at Gattuso & Ciotoli, our attorneys have more than 50 years of combined legal experience and deliver the some of the most high-quality legal services to victims of a wide variety of accidents in the vicinity of Fayetteville, New York. We value your perspective on your case and your goals for the future and ready to help you receive the justice you deserve. For more information on our four practice areas or your legal matter, contact us at (315) 314-8000 today.