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PostPosted: Sat May 28, 2011 10:37 am 
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Man Injured in Black Cab Crash seeks Compensation

Friday, May 27th, 2011

A man, who was injured in a crash as the passenger of a black cab, is seeking compensation for his injuries.

American John Faulk was travelling in the black taxi cab around London in February last year. The driver lost control of the vehicle and crashed into a central reservation on Bolton Street.

Mr Faulk – who was allegedly not wearing a seatbelt at the time – was thrown forward and smashed into the partition between the driver and the passenger seats. He suffered serious injury, as his face took most of the impact.

The Evening Standard is reporting that he broke his nose and lost teeth, but more worryingly suffered permanent damage to his left eye which has left him with only 30% vision in it. He underwent surgery on this eye and has spent thousands of dollars on private medical treatments.

He is now making a taxi accident compensation claim for £300,000. A writ issued at the High Court names Michael Glassman, the director of Colts Cabs as the defendant in the case. However, he reports to the Standard that he is only the owner of the firm that leased the vehicle.

His legal team stated that the court action has been taken because although insurers Quinn Direct have accepted liability they have refused to pay out. His legal team asserted that the fact Mr Faulk was not wearing a seatbelt did not exonerate the insurers of all responsibility.

Source; http://www.ashleyainsworth.com/news/?p=2475


ALSO



Businessman sues black cab firm over crash that wrecked his face

27 May 2011

An American lobbyist is suing a London taxi firm after a crash in Mayfair left him needing major reconstructive surgery to his face.

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'Terrible pain': John Falk was in a black cab that struck a central reservation in Mayfair

John Falk was on his way to see then shadow defence secretary Liam Fox when the black cab he was in hit a central reservation in Bolton Street last February. A writ filed at the High Court claims the taxi was travelling at such a high speed that he was flung forward and his face smashed into the cab's central partition.

He broke his nose, lost several teeth on the taxi's cash tray and needed emergency surgery to relieve the pressure on his eye. Despite reconstructive surgery to the left side of his face in the US, the father-of-three from Washington DC has lost 70 per cent of the vision in his left eye. He has also suffered problems with his memory and attention span, the writ says.

Mr Falk spent tens of thousands of dollars on private medical treatment and is seeking more than £300,000 in compensation. His solicitor Jenny Kennedy, from Anthony Gold Solicitors, said her client will never regain the sight in his left eye and had suffered "months of terrible pain from the swelling to his optic nerves".

Mr Falk's consultancy firm Firecreek Ltd has lobbied US government officials on subjects including defence and homeland security.

The writ names Michael Glassman, the director of Colts Cabs in Bethnal Green, as the defendant in the claim. Mr Glassman said he had been named mistakenly because he was the owner of the firm that leased the vehicle. He added: "This man has broken the law by not wearing his seat belt."

Ms Kennedy said: "The insurers know he was not wearing a seatbelt but that doesn't take away their responsibility." She said Mr Falk had taken legal action because insurance firm Quinn Direct has refused to pay out despite admitting responsibility. Quinn Direct declined to comment.

Source; http://www.thisislondon.co.uk/standard/ ... is-face.do

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PostPosted: Sat May 28, 2011 10:49 am 
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This will be interesting, purely from the viewpoint of liability!!

Is the cab company owner liable and if so to what extent?

Is the driver liable and if so to what extent?

How much will the passenger's own liability for not wearing a seat belt reduce his eventual payout?

And last, but by no means least; if the passenger is employed in the USA by a US company in a management or higher position, does his contract of employment stipulate that he MUST WEAR A SEAT BELT when travelling in any vehicle?

That last question is included from personal experience since working at Brum Airport. I always tell my passengers to put their seat belts on before I move off.

Most Yanks that I tell have already put them on.

Why?

Because their contract of employment with their US employer states that they must wear seat belts in vehicles at all times.

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PostPosted: Sat May 28, 2011 10:51 am 
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Well the law is quite clear on the seat belt legislation
drivers are responsible for ensuring that all persons under the age of 14 wear a seat belt
All persons over 14 are responsible themselves and if they choose to ignore the driver or the signage inside the cabs with regards to wearing a seat belt and they are injured tough


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PostPosted: Sat May 28, 2011 10:53 am 
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skippy41 wrote:
Well the law is quite clear on the seat belt legislation
drivers are responsible for ensuring that all persons under the age of 14 wear a seat belt
All persons over 14 are responsible themselves and if they choose to ignore the driver or the signage inside the cabs with regards to wearing a seat belt and they are injured tough

I don't think it's as simple as that!!

Otherwise lawyers wouldn't make any money!!

:shock: :shock: :shock:

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PostPosted: Sat May 28, 2011 12:17 pm 
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we do now have the corporate responsibilty laws so I would imagine the owners of the vehicle could be held responsible BUT are this persons injuries severe enough for that to come into play my understanding is that those laws are meant to cover more serious breaches of health and safety

usually not wearing a seatbelt reduces any compensation by 50% and in the main it is paid out in circumstances where injuries received force you to give up your proffession or job due to nom longer being capable of it which is probably why the vehicles insurers haven't coughed up although i would have thought some compensation for the eye injury would have been due

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PostPosted: Sat May 28, 2011 4:57 pm 
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Brummie Cabbie wrote:
skippy41 wrote:
Well the law is quite clear on the seat belt legislation
drivers are responsible for ensuring that all persons under the age of 14 wear a seat belt
All persons over 14 are responsible themselves and if they choose to ignore the driver or the signage inside the cabs with regards to wearing a seat belt and they are injured tough

I don't think it's as simple as that!!

Otherwise lawyers wouldn't make any money!!

:shock: :shock: :shock:


It probably is that Simple...its just that lawyers tend to complicate the obvious in order to perpetuate their income... :roll:


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PostPosted: Sat May 28, 2011 8:38 pm 
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The question is would the injuries have occurred if he was wearing a seat belt, and if so would they have had the same severity?

Questions that would be asked is did the driver tell him to put a seat belt on, was there stickers indicating seat belts must be worn, was the driver of the cab at fault by causing the incident that led to the injury?

My guess is the punter will get something, but not £300,000.

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PostPosted: Sun May 29, 2011 5:11 am 
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I used to rent from Michael !

To get over 5mph in Bolton Street would win you an award.

I've lost track off how many people have come off the back seats when some knob on his phone / [edited by admin] / cyclist / bus pulled out with no signal / woman commiting suicide with pram etc etc has appeared in front of my taxi.

All because they won't wear a seatbelt.


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PostPosted: Sun May 29, 2011 5:11 am 
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But I'm glad it was an annoying whining yank.


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PostPosted: Mon May 30, 2011 1:59 am 
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GBC wrote:
But I'm glad it was an annoying whining yank.


I believe that's how the Yanks describe the London taxi drivers :lol:


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PostPosted: Mon May 30, 2011 5:59 am 
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For a nation of people who routinely expect a 25% tip for everything they do, otherwise you're looked upon as a piece of dirt . . . they tip s.f.a when they're here. Not a penny.

So when I'm next over there, I shall apply the same principle.

Tight fisted complainers.


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PostPosted: Mon May 30, 2011 6:37 am 
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GBC wrote:
they tip s.f.a when they're here. Not a penny.

It must be you cos the ones that venture down south I find more than generous. :wink:

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PostPosted: Mon May 30, 2011 8:24 am 
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GBC wrote:
For a nation of people who routinely expect a 25% tip for everything they do, otherwise you're looked upon as a piece of dirt . . . they tip s.f.a when they're here. Not a penny.

So when I'm next over there, I shall apply the same principle.

Tight fisted complainers.


Plenty of yanks here, good tippers too.

It's the English who tend to be the meanest and complain the most..... :roll:

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