Taxi Cab Accident Lawyer in Milwaukee, Wisconsin
Milwaukee, Wisconsin Taxi Cab Accident Attorney
Taxi Cab Drivers perform an important function in today’s economy and modern society. Our government and legislature has recognized the importance of Taxicab companies and weighed that against the importance of protecting the health and safety of the public. As a result, Taxis and Cabs are considered Common Carriers.
Common Carriers are held to a higher standard of care than other drivers. In Wisconsin, while Cab drivers are not required to guarantee the safety of their passengers as this would be impossible, but Cab drivers must exercise the highest degree of care for the safety of their passengers. Wisconsin law defines a Cab Driver’s Highest Degree of Care as the following:
The care required is the highest that can be reasonably exercised by Cab Drivers of vigilance and foresight when acting under the same or similar circumstances, taking into consideration the type of transportation used and the practical operation of its business as a common carrier.
Local Regulation of Taxicab Operations
The Wisconsin legislature has granted authority to the different cities to regulate the operations and licensing of Taxicab companies. Most major cities in Wisconsin have enacted local ordinances governing the licensing and regulation of Taxicab operations. These local ordinances usually require Cab Drivers to go through a licensing process before drivers can operate Taxicabs.
In reaction to these licensing requirements, many Taxicab companies have attempted to get around these strict licensing requirements by making the Cab drivers “independent contractors.” As a result, many Cab drivers own or lease the vehicles and are responsible for providing their own liability insurance for their Taxicabs. The Taxicab company will then claim they are nothing more than dispatchers for the independent contractor Cab drivers, in an attempt to shield the Cab company from liability for Cab drivers negligence.