I took a taxi in the City. When I arrived at my destination, the driver left me off across the street. After I paid the fare, I exited the cab from the driver’s side to cross the street to my destination. When I opened the door, to exit, a car struck me and injured my leg. What are my rights?
No Fault Claim
The first thing you should do is apply for no fault benefits. No fault benefits cover medical expenses and part of your lost wages while you were recovering from injuries. You must apply for no fault benefits within 30 days of your accident.
In your case, the no fault carrier would be the insurance company that covered the vehicle which struck you. Unlike other states, no fault benefits follow the vehicle. Therefore, the carrier insuring the vehicle that struck you will pay for your medical expenses and loss wage benefits.
Liability Against the Driver
Beyond the no fault claim, you would have a claim for personal injuries against the driver that struck you. Drivers have a duty to see what there is to be seen. Drivers have a duty to avoid striking pedestrians under the vehicle and traffic law. Vehicle and Traffic Law § 1146.
However, in your case, you may also be charged with some responsibility for the accident. Depending upon how fast the other driver was operating their car, and how close this car was to the cab when you exited it, you could also be found responsible for the accident.
Vehicle and Traffic Law § 1214. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
In your case, you stated that you exited the cab from the driver side so that you could cross the street to your destination. You also had an obligation under the vehicle in traffic law to see what there was to be seen. You had an obligation to exit the cab “without interfering with the movement of other traffic.”
Liability Against the Cab
You may also have a claim against the cab. This is known as a negligent discharge claim. The cab driver was obligated to let you out on the passenger side of their vehicle. In your accident description, you stated that the cab left you off across the street from your destination. Therefore, the cab driver had an obligation to make sure that you had exited his vehicle from the passenger side and not the driver’s side, which is the side with traffic.
34 RCNY § 4-11 Taxis, Commuter Vans, For-Hire and Certain Diplomatic and Consular Vehicles. (c) Pickup and discharge of passengers by taxis, commuter vans and for-hire vehicles. Operators of taxis, commuter vans and for-hire vehicles may, in the course of the lawful operation of such vehicles, temporarily stop their vehicles to expeditiously pick up or discharge passengers at the curb in areas where standing or parking is prohibited. Taxis, commuter vans and for-hire vehicles, while engaged in picking up or discharging passengers must be within 12 inches of the curb and parallel thereto . . .
Thus, when the cab driver had discharged you onto the street with moving traffic, he had violated this section of the Rules for the City of New York. See also Porcasi v Oji, 220 AD3d 899, 198 NYS3d 371 (2d Dept. 2023).
Besides this specific rule, the cab driver also has a general duty under the common law to ensure the safety of his passengers. As discussed in a prior post, a cab driver is a common carrier and has an obligation to ensure that his passenger is safely discharged from the vehicle.
So you should apply for no fault benefits immediately from the carrier that insured the vehicle that struck you. You may also have claims against the cab that discharged you as well as the other vehicle involved in the accident.
By James Santner, Esq.
If you have been injured in a negligent discharge claim situation, feel free to contact us. Consultations are free and there is no fee unless we win.