Taxi Accident Lawyer in New York

New York Taxi Accident Attorneys With Decades of Personal Injury Experience

A yellow cab accident can injure more than the taxi driver. Passengers may be thrown against the partition or interior of the vehicle, pedestrians and cyclists may be struck in an intersection, and occupants of another vehicle may suffer serious impact injuries.

Taxi accident claims also involve evidence that is not normally available in a private car crash. Depending on the vehicle and operator, the case may involve trip records, pickup and drop-off information, shift data, GPS records, technology-system data, inspection history, maintenance records, medallion information, and commercial insurance policies.

Spar & Bernstein has represented injured New Yorkers for more than 50 years. The firm reports more than $100 million recovered in personal injury matters and handles claims involving injured passengers, pedestrians, cyclists, and drivers.

Our attorneys investigate the complete taxi operation rather than limiting the claim to the person behind the wheel. We determine who owned the vehicle, who controlled or maintained it, which business insured it, whether the driver was working within a commercial arrangement, and whether another driver or outside party contributed to the crash.

We handle taxi accidents involving:

• Injured yellow cab passengers
• Pedestrians struck by taxis
• Cyclists injured by moving taxis or opened taxi doors
• Occupants of other vehicles
• Taxi drivers injured by another motorist
• Intersection and crosswalk collisions
• Rear-end and sideswipe accidents
• Unsafe pickup and drop-off maneuvers
• Dooring accidents
• Hit-and-run crashes
• Defective or poorly maintained taxis
• Uninsured and underinsured motorists
• Fatal taxicab accidents

How We Help After a Taxi Accident

Spar & Bernstein handles taxi accident claims from the initial investigation through insurance negotiations, litigation, and trial.

1. Immediate Case Review and Accident Investigation

Our attorneys begin by reviewing:

• The police crash report
• The accident location
• Photographs and video
• Statements from drivers and witnesses
• Vehicle damage
• Traffic signals and signs
• The injured person’s medical records
• Whether the injured person was a passenger, pedestrian, cyclist, taxi driver, or occupant of another vehicle
• Whether another commercial or government vehicle was involved

We also identify the taxi’s medallion number, license plate, TLC driver information, registered owner, insurance carrier, and any fleet or agent connected with its operation.

2. Preserving Taxi-Specific Electronic Evidence

The attached outline emphasizes securing TLC dispatch information, GPS data, and available in-vehicle footage before it is lost.

Depending on the taxi and the circumstances, our attorneys may seek:

• TPEP trip records
• Pickup and drop-off times
• Pickup and drop-off locations
• Trip distance
• Shift records
• GPS or breadcrumb data
• Meter information
• Passenger count data
• Dispatch information
• In-vehicle or dashcam footage, when available
• Electronic communications
• Maintenance and inspection records
• Driver-hour records

TLC’s yellow and green taxi datasets include pickup and drop-off times and locations, trip distance, fares, payment information, and driver-reported passenger counts. TLC technology providers also collect specified trip and shift records, including breadcrumb files for yellow taxis.

Our firm can send preservation demands instructing the relevant driver, owner, agent, operator, insurer, and technology provider to retain potentially important records.

3. Taking Over Communication and Paperwork

Commercial insurance adjusters may contact an injured passenger or pedestrian shortly after the crash. They may request a statement, medical authorization, or quick settlement before the full extent of the injuries is known.

Spar & Bernstein handles communication with:

• The taxi driver
• The taxi’s liability insurer
• The vehicle owner
• The medallion owner
• A taxi agent or fleet operator
• Property damage insurers
• No-fault insurance carriers
• Other involved motorists
• Corporate defense attorneys
• Investigators
• Government agencies, when applicable

We also prepare insurance applications, evidence requests, court documents, and other required legal paperwork.

4. Untangling Ownership and Operational Relationships

The person driving a yellow cab may not own the vehicle, the medallion, or the business responsible for maintaining and insuring it.

Our attorneys investigate:

• Who held title to the taxi
• Who registered the vehicle
• Who owned the medallion
• Who leased the cab to the driver
• Whether a licensed taxi agent managed the operation
• Who maintained and inspected the vehicle
• Whether the driver was an employee, contractor, lessee, or permissive operator
• Which insurance policies covered the vehicle and business

New York Vehicle and Traffic Law §388 generally makes a vehicle owner liable for injuries caused by the negligence of a person operating the vehicle with the owner’s permission. The presence of a medallion owner, taxi agent, or fleet company requires a separate factual analysis of vehicle ownership, agency, employment, control, maintenance duties, and independent negligence.

5. Conducting an Independent Crash Investigation

The police report may not capture every factor that caused the accident. Our legal team may:

• Visit and photograph the scene
• Locate traffic and surveillance cameras
• Interview witnesses
• Review traffic-signal timing
• Inspect the taxi and other vehicles
• Examine points of impact and damage
• Review cellphone and driver records
• Obtain trip and shift information
• Investigate earlier complaints or collisions
• Review vehicle inspection and maintenance records
• Examine whether fatigue or excessive hours contributed
• Determine whether the taxi stopped in an unsafe location
• Investigate whether an opened passenger door caused the accident

TLC limits taxi and for-hire drivers to 10 hours of passenger time in a 24-hour period and 60 hours during a calendar week. TLC calculates these hours from trip records received through its taxi and for-hire vehicle systems.

6. Identifying Every Potentially Responsible Party

Potential defendants may include:

• The taxi driver
• The titled or registered vehicle owner
• Another negligent motorist
• A taxi fleet or operating company
• A licensed taxi agent
• A medallion owner, depending on its ownership, control, and conduct
• The driver’s employer
• A maintenance or repair company
• A vehicle or parts manufacturer
• A government entity responsible for a dangerous roadway
• A construction contractor
• A passenger who opened a door unsafely

We pursue every party supported by the evidence instead of assuming the driver is the only available defendant.

7. Locating Every Available Insurance Policy

TLC-licensed taxis must maintain commercial insurance that complies with TLC and New York requirements. Current TLC materials for medallion taxis reference bodily injury coverage of $100,000 per person and $300,000 per occurrence for vehicles seating one to seven passengers, together with required personal injury protection coverage. The exact coverage must be confirmed from the policy and TLC insurance records for the particular vehicle.

Other available coverage may include:

• The taxi’s liability policy
• No-fault or personal injury protection benefits
• Insurance covering another negligent vehicle
• Supplemental uninsured or underinsured motorist coverage
• Employer or fleet commercial insurance
• Product liability insurance
• Government or contractor coverage
• Health or disability benefits

8. Calculating Full and Long-Term Damages

Our attorneys calculate the complete impact of the accident, including:

• Ambulance and emergency care
• Hospitalization
• Surgery
• Specialist treatment
• Diagnostic testing
• Physical and occupational therapy
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Permanent impairment
• Scarring and disfigurement
• Pain and suffering
• Psychological trauma
• Home-care needs
• Loss of independence
• Reduced enjoyment of life

Medical and financial experts may be used in cases involving traumatic brain injuries, spinal damage, paralysis, amputations, multiple fractures, or other permanent conditions.

9. Negotiating Aggressively and Preparing for Trial

A commercial insurer may offer a quick payment before the injured person knows whether surgery, rehabilitation, or long-term care will be necessary.

Spar & Bernstein builds each case using objective evidence, medical documentation, wage records, commercial records, and expert analysis. We negotiate for the full value of the claim and are prepared to pursue the case in court when the responsible parties refuse to make a fair offer.

Common Causes of NYC Taxi Accidents

Taxi crashes may result from driver negligence, unsafe commercial practices, equipment failures, or the conduct of another road user.

Common causes include:

• Speeding
• Aggressive driving
• Attempting to beat a traffic signal
• Unsafe left turns
• Failure to yield in a crosswalk
• Abrupt lane changes
• Cutting across several lanes
• Sudden stops to pick up or discharge passengers
• Double-parking
• Blocking bike lanes
• Distracted driving
• Looking at a meter, dispatch system, or navigation device
• Cellphone use
• Driver fatigue
• Following too closely
• Rear-end collisions
• Failure to check blind spots
• Dooring cyclists or scooter riders
• Unsafe passenger drop-off locations
• Driving while impaired
• Defective brakes, tires, steering, or lights
• Inadequate taxi maintenance
• Dangerous roads and construction zones
• Negligence by another motorist

The outline specifically identifies speeding, abrupt pickup and drop-off maneuvers, dispatch or GPS distraction, dooring, fatigue, and poor fleet maintenance as recurring areas of investigation.

Who Can File a Claim After a Taxi Accident?

Taxi Passengers

A passenger generally has little or no control over how a taxi collision occurs. A passenger may have a claim against the taxi driver, the taxi owner, another negligent driver, or several parties.

Passengers should not assume they must determine which driver caused the accident before seeking legal help. The attorneys can pursue the evidence and insurance policies connected with every potentially responsible vehicle.

Pedestrians

A pedestrian may be injured when a taxi:

• Fails to yield in a crosswalk
• Makes an unsafe turn
• Runs a traffic signal
• Backs up without checking
• Mounts a sidewalk
• Pulls rapidly toward the curb
• Opens or permits a passenger door to open into the pedestrian’s path

A pedestrian struck by a taxi may generally seek no-fault benefits from the taxi’s insurer while also pursuing a liability claim when the injuries satisfy applicable legal requirements.

Cyclists and E-Bike or Scooter Riders

Cyclists and riders may be injured by:

• A taxi entering a bike lane
• An unsafe turn across the rider’s path
• A sudden pickup or drop-off maneuver
• A passenger or driver opening a taxi door
• A taxi stopping in a protected lane
• Failure to yield at an intersection

These claims may require surveillance footage, passenger information, trip data, and evidence showing where the taxi stopped.

Occupants of Another Vehicle

Drivers and passengers in another vehicle may pursue claims when a taxi caused or contributed to the crash. Their no-fault benefits will ordinarily come through the insurance covering the vehicle they occupied, while a bodily injury claim may be asserted against the negligent taxi parties.

Taxi Drivers

A taxi driver injured by another motorist may have a claim against that driver and vehicle owner. Depending on the working relationship and circumstances, workers’ compensation, disability benefits, no-fault insurance, and other coverage may also require review.

The Complex Web of Taxi Liability

A taxi claim is not always a simple lawsuit against the individual driver. The taxi industry may involve separate entities responsible for the vehicle, medallion, management, maintenance, leasing, and insurance.

The Taxi Driver

The driver may be liable for negligent operation, including speeding, distracted driving, unsafe turning, failure to yield, fatigue, or violating traffic rules.

The Vehicle Owner

Under New York Vehicle and Traffic Law §388, a person or business that owns the taxi may be vicariously responsible for the negligence of a permissive driver.

The Medallion Owner

A medallion authorizes a designated vehicle to operate as a taxicab. Medallion ownership does not necessarily answer every civil-liability question by itself. Attorneys must determine whether the medallion owner also owned, registered, controlled, insured, managed, or maintained the vehicle, or otherwise engaged in conduct supporting liability. TLC’s certification process formally attaches a vehicle to a medallion and requires insurance documentation.

Taxi Agents and Fleet Operators

An agent or fleet operator may manage vehicles, leases, drivers, maintenance, records, or insurance. Liability may arise from ownership, an employment or agency relationship, negligent maintenance, negligent entrustment, or independent operational failures.

Maintenance and Repair Companies

A repair provider may be responsible if negligent brake, tire, steering, lighting, or mechanical work contributed to the crash.

Other Drivers and Vehicle Owners

Another motorist may share or bear primary responsibility. Taxi cases may involve multiple defendants whose conduct combined to cause the collision.

Taxi Insurance and No-Fault Benefits

New York’s no-fault system may pay qualifying medical expenses, lost earnings, and other basic economic losses without first requiring proof of who caused the collision.

Under current New York law, basic economic loss generally includes up to $50,000 per person for covered medical expenses, portions of lost earnings, and certain other necessary expenses.

The correct no-fault insurer usually depends on the injured person’s role:

• A taxi passenger generally files with the taxi’s no-fault insurer.
• A pedestrian or cyclist generally files with the insurer of the vehicle that struck them.
• An occupant of another vehicle ordinarily files through the insurance covering that vehicle.
• Special procedures may apply when the vehicle was uninsured or unidentified.

Written notice of a no-fault claim generally must be given within 30 days after the accident unless the claimant can establish a clear and reasonable justification for filing late.

No-Fault Benefits Are Not the Same as a Personal Injury Claim

No-fault benefits address qualifying economic losses. A separate negligence claim may seek additional damages, including pain and suffering, future income loss, and economic damages beyond available no-fault benefits.

New York generally requires a covered person to establish a statutory “serious injury” before recovering non-economic damages arising from a covered motor vehicle accident. The statutory categories include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, and specified significant or consequential limitations.

Injuries Unique to Taxi Passengers

Taxi passengers may face interior hazards that affect how an injury occurs.

Partition Injuries

A rear-seat passenger may be thrown forward into a plexiglass partition during a sudden stop or collision. This can cause:

• Facial fractures
• Dental injuries
• Concussions
• Traumatic brain injuries
• Eye injuries
• Neck trauma
• Deep cuts and lacerations
• Shoulder and knee injuries

Seat Belt and Restraint Issues

New York City advises taxi passengers to wear available seat belts. Whether a passenger was restrained may become part of the defense, but it does not automatically determine who caused the collision or eliminate a valid claim. TLC states that passengers in yellow taxis must use seat belts and provides separate child-restraint guidance.

Unsafe Pickup and Drop-Off Injuries

A taxi’s duties may extend to selecting a reasonably safe location for a passenger to enter or leave the vehicle. A passenger may be injured when discharged into moving traffic, beside a dangerous roadway condition, or where the driver’s positioning creates an unreasonable risk.

Common Injuries Caused by Taxi Accidents

Taxi crashes can cause:

• Traumatic brain injuries
• Concussions
• Facial and dental injuries
• Neck and back injuries
• Herniated discs
• Spinal cord damage
• Paralysis
• Shoulder injuries
• Torn ligaments
• Knee injuries
• Hip and pelvic fractures
• Broken arms and legs
• Internal organ damage
• Crush injuries
• Cuts and lacerations
• Scarring and disfigurement
• Psychological trauma
• Post-traumatic stress disorder
• Wrongful death

A passenger may be injured even when the taxi suffers relatively modest exterior damage. The force transmitted to an unprepared passenger, contact with the partition, and the person’s position at impact must all be considered.

Proving Liability in a Taxicab Accident Case

A successful taxi accident claim requires evidence showing:

1. A driver, owner, operator, maintenance company, or another party owed a legal duty.
2. That party failed to act with reasonable care.
3. The failure caused or contributed to the collision.
4. The accident caused measurable injuries and losses.

Evidence may include:

• Police reports
• Traffic-camera footage
• Surveillance video
• Dashcam footage
• Witness testimony
• Vehicle damage
• Taxi trip records
• GPS and breadcrumb data
• Pickup and drop-off information
• Shift and fatigue records
• Driver cellphone records
• TLC licensing records
• Vehicle ownership records
• Medallion and agent records
• Maintenance history
• Inspection records
• Traffic-signal data
• Expert accident reconstruction
• Medical documentation

The Duty Owed to Taxi Passengers

The outline characterizes taxis as common carriers that owe passengers a remarkably high duty of care.

New York, however, no longer applies the former “highest degree of care” standard to common carriers. The Court of Appeals held that common carriers are governed by the traditional standard of reasonable care under all the circumstances. Taxi and transportation operators may still have passenger-specific duties, including using reasonable care when selecting a location for passengers to board or exit.

Using TLC Violations as Evidence

TLC rules may be relevant when the accident involves:

• Excessive passenger-service hours
• Unsafe driving
• Failure to maintain equipment
• Improper pickup or discharge practices
• Failure to retain required records
• Driver licensing problems
• Insurance or inspection violations

A rule violation does not automatically decide the civil case, but it may help establish the applicable safety requirements and whether the driver or operator acted reasonably.

Comparative Negligence in Taxi Accident Cases

Insurance companies may argue that an injured pedestrian, cyclist, or driver shares responsibility for the crash.

For personal injury actions subject to Article 51 of the New York Insurance Law, current CPLR §1411 bars recovery when the claimant’s fault is greater than the combined fault of the defendants. When the claimant’s fault is 50% or less, damages are reduced according to the claimant’s percentage of responsibility.

This rule may affect claims involving:

• A pedestrian allegedly crossing against a signal
• A cyclist allegedly traveling in the wrong direction
• Another driver accused of speeding or failing to yield
• A passenger whose conduct allegedly contributed to an unusual injury

Passengers ordinarily have no role in causing the vehicles to collide, although separate disputes may arise over seat belt use or other injury-related issues.

Compensation You May Be Entitled To

Taxi accident victims may be entitled to substantial compensation depending on the severity of the injuries, available insurance, degree of negligence, and long-term consequences. The outline identifies medical care, lost earning capacity, pain and suffering, psychological harm, out-of-pocket costs, and wrongful death damages as primary areas of recovery.

Compensation may include:

• Current medical expenses
• Future medical treatment
• Ambulance and emergency room costs
• Hospitalization
• Surgery
• Specialist treatment
• Diagnostic testing
• Physical therapy
• Occupational therapy
• Rehabilitation
• Prescription medication
• Medical equipment
• In-home assistance
• Lost wages
• Lost employment benefits
• Reduced earning capacity
• Permanent disability
• Pain and suffering
• Emotional distress
• Post-traumatic stress disorder
• Scarring and disfigurement
• Loss of bodily function
• Loss of enjoyment of life
• Property damage
• Transportation and other out-of-pocket expenses
• Loss of consortium, when applicable
• Wrongful death damages, when applicable

Cases involving traumatic brain injury, paralysis, amputation, permanent spinal damage, or death may require expert calculations of lifetime treatment, future support, and lost earning capacity.

Steps to Take After a Taxi Accident

1. Seek Immediate Medical Attention

Call 911 or obtain prompt medical care. Concussions, spinal damage, internal bleeding, and other serious injuries may not produce immediate symptoms.

2. Call the Police

Ask that officers respond and create an official police crash report.

The police report is prepared by law enforcement. A driver involved in a reportable crash may also be required to submit a separate MV-104 motorist report to the New York DMV.

3. Record the Taxi’s Identifying Information

Photograph or write down:

• The medallion number
• The taxi’s license plate
• The driver’s TLC license information
• The driver’s name
• The vehicle number
• The taxi company or fleet name
• The date, time, pickup location, and destination

Keep the printed or electronic taxi receipt.

4. Remain at the Scene

A passenger should remain until police and emergency personnel arrive whenever it is safe to do so. This helps establish that the passenger was inside the taxi when the accident occurred.

5. Photograph Everything

Document:

• The taxi
• Other vehicles
• License plates
• Vehicle damage
• The interior and partition
• Seat belts
• Road and weather conditions
• Traffic signs and signals
• Skid marks and debris
• Visible injuries
• Nearby surveillance cameras

6. Obtain Witness Information

Collect names, phone numbers, and email addresses from passengers, pedestrians, motorists, cyclists, and others who saw the crash.

7. Do Not Admit Fault

Do not speculate about speed, right-of-way, or who caused the accident. Provide accurate information to police, but avoid agreeing with an insurer’s version of events.

8. Do Not Give a Recorded Insurance Statement

Do not provide a recorded statement to the taxi insurer, fleet representative, or another commercial adjuster without legal advice.

9. File for No-Fault Benefits Promptly

The no-fault notice deadline is generally 30 days. Missing it may jeopardize payment of medical bills and lost earnings.

10. Preserve Electronic Records

Keep:

• Taxi receipts
• Credit card statements
• Ride or payment records
• Photographs
• Videos
• Messages
• Location history
• Medical documents
• Proof of missed work

11. Avoid Early Settlement Offers

Do not sign a release before understanding whether you will need surgery, rehabilitation, or future medical treatment.

12. Contact a Taxi Accident Lawyer Promptly

An attorney can send preservation demands for trip records, GPS data, available footage, maintenance records, driver-hour information, and other commercial evidence.

The outline likewise emphasizes recording the medallion and TLC license information, remaining at the scene, photographing the vehicles, and contacting counsel before electronic evidence is erased.

How Long Do You Have to File a Taxi Accident Claim?

Many New York personal injury lawsuits must be commenced within three years of the accident.

Other deadlines may be substantially shorter:

• A no-fault notice is generally due within 30 days.
• A claim against New York City or another public entity may require a Notice of Claim within 90 days.
• A municipal lawsuit may be subject to a deadline of one year and 90 days.
• A wrongful death action is generally subject to a two-year deadline.
• Insurance policies may impose separate notice and cooperation requirements.

Do not rely solely on the three-year statute of limitations. Important insurance and evidence-preservation deadlines may expire much earlier.

Frequently Asked Questions About NYC Taxi Accidents

Can a Taxi Passenger Sue After an Accident?

A passenger may pursue a claim against the driver or parties whose negligence caused the crash.

Potential defendants may include:

• The taxi driver
• The taxi owner
• Another driver
• A fleet or operating company
• A maintenance provider
• A product manufacturer
• A government entity

A passenger does not need to know which driver was at fault before contacting an attorney.

Who Pays a Taxi Passenger’s Medical Bills?

The taxi’s no-fault insurer will generally be the first source of qualifying medical and wage-loss benefits for an injured passenger.

The passenger may also pursue a personal injury claim against the negligent parties when the legal requirements are met.

Is the Medallion Owner Always Liable?

Not necessarily. Liability depends on whether the medallion owner also owned, registered, controlled, maintained, insured, or operated the vehicle, as well as any relevant agency or business relationships.

The vehicle owner may be vicariously liable under VTL §388 for the negligence of a permissive driver.

What If Another Driver Caused the Taxi Accident?

The injured passenger may pursue the other driver and vehicle owner. A claim may also involve the taxi driver if both drivers contributed to the collision.

No-fault benefits will ordinarily still be sought through the taxi’s insurance when the injured person was a taxi passenger.

What If I Was Injured by the Taxi Partition?

A passenger thrown into a partition may have a claim for resulting head, facial, dental, neck, or upper-body injuries.

Photograph the taxi interior and partition, obtain the medallion information, and seek immediate medical treatment.

Can a Pedestrian Struck by a Taxi Receive No-Fault Benefits?

Generally, a pedestrian applies through the insurer of the vehicle that struck them. A separate negligence claim may seek additional damages when applicable.

What If a Taxi Passenger Opened a Door Into a Cyclist?

Liability may involve the passenger who opened the door, the taxi driver, the vehicle owner, or other parties depending on where the taxi stopped, what warnings were given, and the surrounding traffic conditions.

Trip records and passenger-identification evidence should be preserved quickly.

Does a Taxi Owe Passengers a Higher Duty of Care?

New York no longer applies the former “highest degree of care” standard to common carriers. Taxi and transportation operators owe reasonable care under all the circumstances and may have specific duties concerning safe operation, boarding, and discharge.

What If I Was Not Wearing a Seat Belt?

Failure to use an available seat belt does not establish who caused the collision. The insurer may argue that it contributed to the severity of particular injuries, but that issue requires medical and factual evidence.

How Much Is a Taxi Accident Case Worth?

The potential value depends on:

• How the crash occurred
• The responsible parties
• Available insurance
• The severity of the injuries
• Whether surgery is required
• Future medical needs
• Lost earnings
• Permanent impairment
• Pain and suffering
• The injured person’s assigned share of fault

No attorney can responsibly value a claim without reviewing the accident, insurance policies, and medical documentation.

How Much Does a Taxi Accident Lawyer Cost?

Spar & Bernstein handles personal injury cases on a contingency-fee basis. There are no upfront attorney’s fees, and you pay no legal fee unless compensation is recovered. The firm offers free personal injury consultations.

Speak With a New York Taxi Accident Lawyer

A taxi accident can leave a passenger, pedestrian, cyclist, or driver facing medical treatment, lost income, and multiple insurance companies disputing responsibility.

Spar & Bernstein investigates the driver, vehicle owner, taxi operation, electronic trip records, insurance policies, maintenance history, and every other factor that may have contributed to the crash. We preserve evidence, identify all potentially liable parties, calculate the full value of the injuries, and fight against inadequate settlement offers.

Your personal injury consultation is free, and you pay no attorney’s fee unless we recover compensation for you.