Visitor Question

Hit by a NYC Cab Driver…

Submitted By: Lisa (New York, NY)

It was raining and dark out side at 9:00 pm. I stopped at the corner of the block preparing to cross and noticed a cab ready to turn and coming in slowly. I crossed quickly thinking he had seen me, but he didn’t and continued to drive, hitting me. I flew off the hood 3 feet away and noticed he was still moving until he finally saw me and stopped.

I felt he failed to yield the right of way. There was a yield sign which he breached.

He remained in the vehicle as a pedestrian saw what happened and came right away to help me. She kept telling me if I was alright and I told her I was. I remember the cab driver was slow to respond to me. He knew I didn’t know what to do but the lady who helped me knew and she kept pressing on him to give me his information.

He slowly gave me his name and didn’t repeat it to ensure I spelled it correctly. She also had to press him to give me his license number and medallion number. I quickly put it all in my phone. I wish I got her information as a witness. When she had gone, he seemed slow to approach me.

I asked him if he had ever hit anyone and he said no. He pleaded with me and told me he had 2 daughters. I felt sorry. He drove away from the scene. I failed to call the police to get a police report because I didn’t know I had to. I never anticipated getting hit by a cab. There also wasn’t any blood or fractures and I could stand up.

The next day, I awoke in shock and I noticed a contusion to my thigh and a few bruises on my legs. It was very difficult to walk. I called a lawyer and he told me I needed to get the police report. I went to my local precinct and the police officers all told me I had to file a police report on sight of the scene.

Both precincts gave me an MV-104 and explained to me to sign it and send it to Albany. I followed through. However, I was confused. I still felt I needed a police report. Lawyers didn’t want to help me as I wasn’t suffering major injuries.

I want to sue the driver personally for liability and damages. Although, I don’t know what he has done to be held responsible (I think he lied and said he never hit me). But I’m assuming he has not accepted responsibility and did not sign an MV-104 for the accident. He is protecting his family and is afraid. Because he may be lying, I will follow through to suing him personally.

What do I need to do to get compensation for this? Any information you can give would be very helpful. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lisa,

Your only injuries appear to be a contusion to your thigh and a few bruises on your legs. From the facts you present, you did not require medical attention and therefore have no medical bills, out-of-pocket expenses, or lost wages stemming from the incident.

The questions remains then, why do you want to sue the cab driver? You say, “I want to sue the driver personally for liability and damages. Although, I don’t know what he has done to be held responsible (I think he lied and said he never hit me). But I’m assuming he has not accepted responsibility.”

Do you want to sue him because you “think” he lied about the incident? What if he did not lie? You really don’t know. Vengeance or a violation of moral principles is not a legal basis for a civil personal injury case.

However, if you did have legitimate costs associated with your injuries, the most important of which would be medical bills, you can certainly pursue the cab driver for payment. If he refuses to cooperate by giving you his insurance information, you can contact his employer. If you still don’t get cooperation, you may have to sue him and/or his employer in small claims court.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 18, 2015

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