Visitor Question

Hit taxi cab while reversing in my driveway…

Submitted By: Mark (Des Moines, Iowa)

A cab pulled up into my driveway (unbeknownst to me and for no reason) while I was plowing snow. I had just pushed snow about twenty feet and began backing up about five feet when I struck the front of the cab, who was now occupying the very space I had just moved out of.

My yellow emergency light was on and it was obvious to anyone other than the cabbie that I was plowing, which involves a succession of forward pushes followed by a reverse move. Am I at fault? He was in back of me in my driveway. Any perspective you can give would be appreciated.

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 Mark,

From the facts you present it appears the cabbie is wholly liable. You were on your own property when the collision occurred. Furthermore, you had a right to expect a cab driver wouldn’t be entering your driveway.

The cabbie certainly wasn’t an invitee or a licensee. An “invitee” normally refers to a business or company who the property owner has invited onto his property. A “licensee” refers to a person, and not a company, who the property owner invites onto his or her property. The cabbie appears to be neither.

Fortunately, no one appears to have been injured in the collision. Your interests would be best served by asking the cab driver for his insurance information. If he won’t voluntarily give it to you, then contact the cab company and tell the supervisor about the collision.

This, of course, presumes you sustained property damage to your plow. If you didn’t sustain property damage, then you have little to worry about. The cabbie’s supervisor will likely turn the matter over the taxi company’s insurance company, and they will investigate the matter.

Once they finish their investigation, it is likely you will never hear from them again.

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: February 7, 2014

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