A couple vacationing in San Francisco from Ohio was tragically killed shortly after their taxicab left the SFO International Airport on Monday, the San Francisco Examiner reported. The solo-vehicle accident occurred moments before 11:00 a.m. June 14th. According to news reports, the man and woman from Cincinnati, Ohio, Dennis Marshall, 61, and his wife Karen Marshall, 59, had just caught a DeSoto Cab Co. taxi at the airport and were on the Interstate 280 off ramp at Mariposa Street in the Potrero Hill neighborhood, on their way to the Mark Hopkins hotel. Apparently, the brakes on the Dodge Intrepid taxi failed and the vehicle struck a steel and concrete freeway support pillar at about 40 mph, coming to rest against a steel mesh fence.
Three sheriff's deputies were driving an empty jail van behind the taxi cab, which burst into flames after the collision. The deputies helped pull the two passengers out of the burning cab and the driver was able to escape on his own. Karen Marshall died at San Francisco General Hospital shortly after arrival, and her husband died at 4:20 p.m. The driver, Fageh Hassan Behbahani of Daly City, was hospitalized with non-life-threatening injuries and later released.
Cause of the Taxi Cab Accident
The cause of the June 14th taxi accident is under investigation. Law enforcement will no doubt have the Dodge Intrepid inspected to determine exactly what happened. If news reports are accurate and this accident was caused by brake failure, the taxicab company, DeSoto Cab Co., may be liable for this accident, along with the driver and possibly other parties. CBS 5 News reported that the driver of the cab noticed smoke was "pouring out of the front" of the cab before the accident, which may be an indication that he knew there was a problem with the vehicle, but kept driving it. Authorities said Tuesday Fageh Hassan Behbahani is under criminal investigation for not immediately pulling over when he first saw smoke.
Taxi companies are considered "common carriers" and owe passengers a higher duty of care. When taxi drivers are negligent, the taxicab company is also liable. Unlike other taxi companies in San Francisco, DeSoto Cab Co. rents its vehicles to cab drivers on a shift-by-shift basis. Under municipal code, taxi cabs must be inspected at least once a year with valid registration, proof of insurance, and brake certification.
Taxi Cab Accidents and Wrongful Death Liability
While this horrific fatal crash remains under investigation, the families of the two victims killed would be well-advised to contact an experienced San Francisco personal injury attorney as soon as possible. Getting accidents investigated early, while evidence is still fresh, is absolutely critical. An attorney who has represented victims of taxi accidents and is familiar with the city, state and federal laws regulating taxi transportation can help the victims' families protect their legal rights and ultimately hold the parties responsible for this crash financially accountable in a wrongful death claim. Litigation involving taxicab accidents can be complex, and more than one party may be responsible, including the taxi driver, the taxi company, the manufacturer of the taxi, the company responsible for maintaining the taxi, and other parties.
Sources: SF Examiner, Mercury News, CBS 5, SF Appeal, San Francisco Chronicle
The deaths might be attributable to head impact with the partition causing the passengers to lose consciousness and remain in the burning vehicle. Many police officers have died this way.
I have been lobbying to correct the hazards of illegal partitions. The USDOT has already issued some letters of warning to partition makers.
Steven Crowell