Can a Taxi Passenger Pursue a Whiplash Claim?
If you are injured in a traffic accident that was not your fault, you can pursue a compensation claim for your damage. Remember, you do not have to be the person driving the vehicle to take legal action; even if you were a passenger in a taxi, you would be entitled to claim for any wrongfully sustained injury. It is best to speak to an attorney as soon as possible.
Taxi Passenger Whiplash Claims
Incidents of taxi passenger whiplash, unfortunately, happen all too frequently, and we often receive inquiries from injured passengers asking whether or not they can pursue a claim. The simple answer is yes: if you have suffered whiplash in an accident for which someone else is to blame, you will be considered a personal injury victim. It is, therefore, your legal right to recover compensation for the pain, suffering, and loss of finance you have incurred.
Furthermore, it does not matter whether the person at fault was your taxi driver or another road user. It will of course, be necessary to establish which party is liable, as this will determine who you claim against. For example, if your taxi driver was driving erratically or without due care or attention, thereby causing an accident in which you suffer whiplash, your claim will be dealt with by his or her insurer. On the other hand, if another road user is responsible for your injury, you will need to obtain their details. These must include their name, insurance information and contact number. If they fled from the accident scene or do not have a valid insurance policy, you will still be able to make a claim, but it must be handled through attorneys.
However, what happens if you were not wearing a seat belt at the time of the accident? It is not unusual for people to jump into the back of a cab and forget to put their seat belts on. But will you still be able to claim if your failure to wear a seat belt contributed to your whiplash injury? Again, the answer is yes: as a passenger, you cannot be held responsible for the accident, even if you were not wearing a seat belt. Nevertheless, there will be a case of ‘contributory negligence’, meaning your injuries were partly caused by your failure to take the necessary safety precautions. Consequently, the sum of compensation will be considerably less.
Seek Early Legal Assistance
If you have been injured while you were traveling as a passenger in a taxi, you must seek early legal advice. An attorney who specializes in whiplash claims will be able to advise you upon what action to take next. If this involves making a claim, you could receive significant compensation for the physical, emotional and financial damages you have endured.