Cab driver is not at fault. He wasn't involved in the accident and has nothing to do with it, thats how the law sees it. He may be a reckless driver or other things ut theres nothing to be done about it.
Say I run into an old lady, and then say I had to swerve a cab. I can't prove it, and theres no reason to take my word for it. Thats how it works here in cali.
I came up on a scooter in the road ahead of the car, the illegal types of underpowered ones. I thought it was a bicycle with no reflectors. Hard to see, until the light his just right. I saw it soon enough to change lanes. I realized an older 280Z had been behind and watched in the rearview as he swrved and lost control of his car and hit a curb hard. The scooter tried to flee so I chased him down and made him return or I threatened to run him off the road and drag him back. We flagged down a cop and they did paperwork. They were gonna just let him go since he wasn't involved in the accident even though they knew his actions caused it. All the driver of the Z could do was sue in small claims court for up to 5k and win since it was witnessed.
However I informed the cops tht he had broken the law by driving an illegal scooter with no lights, no license, no plates, and no insurance. This was enough to get his scooter impounded for 30 days. The fees would be as much as a new scooter so h would nver get it back hopefully.