One significant problem injured individuals have after a taxicab accident is that most if not all cab drivers are independent contractors. Since they are not employees, the taxi company can’t be held vicariously liable for damages caused by their drivers. Typically, unless the taxi cab driver is a legitimate employee of the taxicab company, the company can’t be held legally responsible for anything the taxi cab driver does.
The Georgia Court of Appeals readdressed this issue in the case of Lopez v. El Palmar Taxi, Inc., 297 Ga. App. 121, (2009). The injured party tried to hold the taxi company that employed a taxi driver as an independent contractor liable for injuries resulting from a taxi collision. They contended that the cab driver was an employee rather than an independent contractor.
Unfortunately for the injured individual, the Court of Appeals disagreed. However, it’s always wise to consult a well-versed Duluth taxi accident attorney to determine whether you can hold a taxicab company liable for the injuries you incurred in a taxicab accident. Although the outcome of the Lopez appeal makes it challenging to hold cab companies liable, it doesn’t inherently absolve them of liability in every case. If you don’t review your case with an attorney, you could be walking away from the compensation you deserve.
