Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who is liable when a cab hits a pedestrian in Queens?
Liability can fall on the cab driver, the vehicle owner, the taxi medallion holder, or a fleet company, depending on the employment relationship and who owned the vehicle. Under NY Vehicle and Traffic Law, vehicle owners are vicariously liable for driver negligence. If the cab was a rideshare (Uber or Lyft), the platform may also carry liability under its commercial insurance policy.
Does NY comparative negligence affect my cab accident claim?
New York follows pure comparative negligence (CPLR 1411), meaning you can recover damages even if you were partially at fault -- your award is simply reduced by your percentage of fault. For example, if you were 20% at fault for crossing mid-block, you still recover 80% of your proven damages. This makes it critical to gather evidence early, since fault allocation directly affects your recovery.
What compensation can a pedestrian injured by a cab in Queens recover?
Injured pedestrians can pursue economic damages such as medical bills, lost wages, and future care costs, as well as non-economic damages for pain, suffering, and loss of enjoyment of life. NYC cab owners are required to carry minimum liability insurance under TLC rules, but serious injuries often exceed those minimums. An attorney can identify all available insurance coverage, including underinsured motorist policies.
What should I do right after being hit by a cab in Queens?
Call 911 immediately so police document the crash and the cab driver is identified by medallion or TLC license number. Seek medical care the same day even if you feel fine -- delayed treatment is used by insurers to dispute injuries. Photograph the scene, your injuries, and any witnesses. NY's 3-year statute of limitations (CPLR 214) starts on the crash date, but evidence disappears quickly, so consult a Queens pedestrian accident lawyer as soon as possible.