Q: My husband was hit by a cab driver in a crosswalk at a shopping center after the cab ran a stop sign. He was cited with a moving violation and having unrestrained children in the car. The driver has 11 moving violations and is employeed by a private taxi company in the western suburbs. Due to the accident, my husband had surgery and will always have pain in his shoulder. What type of claim do we have?
--Tracy, Riverside, IL
Attorney Cliff Horwitz:
Your husband clearly has a claim for negligence against the operator of the cab. Further he has a claim against the cab company if that was the employer of the cab driver. You also need to look at your own underinsured (UIM) motorist coverage in the event the defendant doesn't have sufficient insurance coverage. If you can keep the cab company in the case, you won't need UIM coverage since there will be sufficient assets available.
Do not give any tape-recorded statements to the carrier.
Get a great trial lawyer.
As to the ticket, unless the cab driver pleads guilty, the ticket will not be admissible in your court case. However, the 11 prior moving violations may be relevant. It may demonstrate that the cab company did a poor job hiring the driver and that they were therefore negligent. This would have to be investigated.
Finally, the cab company will attempt to claim that the cab driver is not their employee and will attempt to escape liability. They'll do anything to escape liability.