Any car accident, including those involving taxis, poses a serious risk to the health and well-being of everyone involved. Therefore, anyone riding inside the taxi, in another vehicle, or who was merely a pedestrian injured in an accident caused by a negligent taxi driver can file a lawsuit in Wisconsin.
To succeed with your lawsuit, you must be able to demonstrate that the taxi driver (or their employer) was responsible for causing the accident that injured you. However, you only have a short amount of time to file your lawsuit, so it is important that you act on your potential claim quickly.
Call our committed Milwaukee taxi accident attorneys at Wruck Paupore today at (219) 322-1166 for a free case evaluation.
People injured in an accident involving a negligent taxi driver can file a lawsuit to recover compensation based on their injuries. It does not matter whether you were a passenger in the taxi itself or in another car, riding a bicycle, or simply walking down the street. The duties of all drivers in Wisconsin, even those that drive taxis, extend to anyone with whom they share the road.
To succeed in a taxi accident lawsuit, you will have to show that the taxi driver was negligent, and that this negligence caused your compensable injuries.
A showing that the driver violated the rules of the road is grounds to find negligence. Examples might include speeding, failure to use turn signals, tailgating, texting while driving, or driving under the influence of drugs or alcohol.
You must also show that the negligence was the cause of the accident and your injuries. For instance, if a taxi driver had previously been traveling at an excessive speed but was within the speed limit at the time of the accident, they might have been driving negligently, but their negligence did not necessarily cause the harm.
Finally, to recover damages, you must show that the accident caused you harm for which you should be compensated. You can start establishing evidence of this by seeking medical care immediately after your accident. Even if you are not sure if you suffered an injury in an accident, it is always best to visit your nearest emergency room to receive a thorough assessment to determine any underlying conditions you may be dealing with, such as traumatic brain injuries (TBIs) or internal bleeding.
Not every vehicular collision exhibits clear fault. Unfortunately, many taxi accident injury victims do not pursue their case because they mistakenly believe that they cannot recover damages if they played a part in causing the accident or their own injuries.
Wisconsin uses a modified comparative negligence rule that allows injury victims to recover a proportional amount of damages in their claim respective to the amount of fault they share, so long as they were not more than 50% responsible. The court will take the total amount of damages that the plaintiff deserves and reduce it by the percentage that they determine was attributable to the plaintiff’s own negligence.
For more information about how Wisconsin’s modified comparative negligence rule allows you to still recover damages if you contributed to the accident or your own injuries, reach out to a seasoned Indiana car accident attorney today.
One of the first steps in contemplating a taxi accident injury lawsuit in Wisconsin is determining who to name in the suit. In the case of personal vehicles, injury victims will commonly sue the negligent driver themselves and recover through their insurance provider. However, many taxi drivers are employees of the taxi company, making this step a little more complicated.
If an employee negligently causes injury while working for their employer, the injury victim may sue the employer directly through a legal doctrine known as vicarious liability. Therefore, if the taxi driver that negligently caused the accident was driving their cab at the time of the accident, you may be able to sue the taxi company. This can be more lucrative in certain scenarios, as the company may be more capable of covering higher damage awards.
The taxi does not have to actively be transporting a fare for vicarious liability to take effect. The mere act of looking for a fare means that the taxi driver is working. Even if they are not actively seeking a fare, the cab driver could be considered on a “detour” from their job, which still creates liability for the taxi company.
There are also situations where neither the driver nor the taxi company was at fault for causing the accident. If a vehicular malfunction caused the accident, the car manufacturer who sold the vehicle with the defect might be liable. These cases can be hard to identify without the knowledge and resources available to an experienced South Bend car accident lawyer.
In Wisconsin, the statute of limitations– or the law that indicates the length of time that a case remains viable– for a taxi accident injury lawsuit runs for three years. The clock begins to run on the date when the accident occurred. Any lawsuit that is filed in a Wisconsin court after the statute of limitations has already run out will be discarded, so potential plaintiffs must pay close attention to their deadline.
It is always better to be safe than sorry. Therefore, we urge you to reach out to a Wisconsin taxi accident attorney as soon as possible after you have received medical attention for your injuries. Taking action early on has the added benefit of preserving critical evidence and getting you the compensation you deserve sooner rather than later.
Right now, you can call the dedicated Milwaukee personal injury lawyers at Wruck Paupore today at (219) 322-1166 and get a case assessment for free.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.