Accidents involving rideshares are often particularly complex. Several factors must be considered when determining liability, including when and how the driver was working for the rideshare service. If you were injured in an accident involving a rideshare driver, you could be unsure about how to proceed with a personal injury suit, given the many parties involved.
A Hempstead Uber and Lyft ridesharing accident lawyer at Friedman & Simon, L.L.P., will determine who is liable for the accident and help you build a case to pursue compensation.
Contact our office today for a free consultation at (516) 932-0400.
In This Article
- Negligence in a No-Fault State
- Determining Who Is Responsible
- When Uber And Lyft Are Liable
- When the Rideshare Driver Is Liable
- When Distracted Driving Plays a Role
- Friedman & Simon, L.L.P. Will Be with You Throughout the Case
Negligence in a No-Fault State
Depending on the state where you were involved in an accident, the state’s fault laws will determine which insurance provider will be responsible for compensation. New York is a no-fault state, which means that an accident victim will pursue, in most cases, medical expenses and lost earnings caused by the car accident through the auto insurance coverage of the vehicle they were in.
Sometimes, insurance coverage is not enough to compensate an injured party for what they suffered. Depending on the kinds of injuries you experienced, making a claim or filing a personal injury suit to recover damages beyond what no-fault will cover, could be an option, as compensation from such a claim or lawsuit could cover:
- Cost of medical treatments
- Physical therapy expenses
- Lost income due to the accident
- Impaired or diminished quality of life
- Pain and suffering
However, in New York, your injuries must meet a no-fault threshold, meaning an accident’s consequences must be severe enough, pursuant to law, to support pursuing a personal injury claim. A lawyer at Friedman & Simon, L.L.P., will determine if your case qualifies.
Call today to learn more at (516) 932-0400.
For a free legal consultation with a Uber and Lyft Ridesharing Accident lawyer serving Hempstead, call 516-932-0400
Determining Who Is Responsible
Once you decide to pursue a claim, our personal injury attorneys will then assist in determining who to hold liable. In rideshare cases, liability depends on the service, the circumstances of the accident, and the parties involved.
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When Uber And Lyft Are Liable
With Uber and Lyft, drivers are contractors, not employees of the company. While Uber and Lyft provide their drivers with insurance coverage in the event of an accident, that coverage only kicks in under certain conditions.
Pursuing a rideshare company for a personal injury lawsuit will depend on several variables because their role in the situation is limited to the usage of the app. According to the company’s insurance policies, Uber and Lyft offer some liability coverage if the driver is logged into the app and waiting for a customer. Even higher coverage is provided should a driver get into an accident after accepting a ride; this higher coverage amount will be up to $1 million for third-party liability.
If you were injured in a crash in either of these scenarios, your Hempstead Uber and Lyft ridesharing accident lawyer will determine if suing Uber or Lyft is a viable option. Your lawyer will be able to keep you updated on your case, identify liable parties, communicate with all parties for you, gather evidence, determine a value for your case and fight on your behalf to win the best possible case outcome.
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When the Rideshare Driver Is Liable
A rideshare driver is accountable for an accident in a number of scenarios, such as:
- They were not logged into the rideshare app when the accident occurred
- They were logged in but had not accepted a ride
- When a driver is not logged in and using the app, they are like any normal driver on the road. Under these normal conditions, an accident would be addressed through each individual’s private auto insurance. If the driver was logged in but waiting, they will have coverage from Uber or Lyft if their insurance coverage does not apply. In this case, the company coverage is secondary, and the policy only covers a certain amount of damages, such as $50,000 for bodily injury for one person and $100,000 per accident.
Complicating matters further is the fact that some personal insurance policies do not provide coverage for business accidents. If you were injured in a rideshare accident, there is a chance the driver’s auto insurance will not cover your costs because the accident happened in the course of a commercial enterprise. However, if a driver did have a rideshare insurance policy or endorsement, their insurance would cover your expenses.
In some specific injury cases, recovering compensation could require a personal injury lawsuit against the driver. In New York, such personal injury suits after auto accidents are restricted to severe injury cases. A lawyer will speak with you more about whether your injuries meet the threshold for pursuing a lawsuit.
If your case is eligible for such a suit, you have a limited amount of time to file a personal injury claim, according to New York Civil Practice Laws & Rules (CVP) § 214. Your lawyer will explain any relevant filing deadlines that apply to your case. While this statute of limitations is of great significance, so are other deadlines that govern claims and lawsuits. Also very important is the timely capture of evidence such as witness statements and surveillance or dash-cam video. If not promptly obtained, such evidence can become unavailable for a variety of reasons. For all these reasons, it is best to consult with an experienced and dedicated personal injury lawyer as soon as possible after your accident. The sooner you contact us, the greater our ability to build the strongest case possible on your behalf.
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When Distracted Driving Plays a Role
Because rideshare services are conducted through an app, drivers are often looking at their phones. Even though the use of the app is central to the driver’s business, it is also a distraction from the driver’s attention on the road. In rideshares, distractions can take place during the ride or pickup and dropoff of passengers.
Distracted driving includes:
- Looking at the GPS
- Monitoring incoming ride requests
- Talking on the phone
- Looking away from the road to find a customer
In 2018, an estimated 2,841 people were killed in distracted driving crashes, according to the National Highway Traffic Safety Administration (NHTSA). These crashes can particularly impact pedestrians, leading to severe injuries and even wrongful death. If an injury happened to you or wrongful death happened to your loved one, we offer you our deepest heartfelt condolences. One of our lawyers will fight for the compensation you need and the justice your departed loved one deserves.
Friedman & Simon, L.L.P. Will Be with You Throughout the Case
Dealing with insurance companies and third parties can be complicated and time-consuming. Following a rideshare accident, it could be intimidating, especially when you are dealing with the pain and emotional trauma of the injury itself. Go through the process with a lawyer by your side throughout your claim.
Sorting through the factors of liability is only a part of what your Hempstead Uber and Lyft ridesharing accident lawyer will do for you. We will assist you in multiple languages, if necessary. The staff at Friedman & Simon, L.L.P. will keep you updated about your case, identify liable parties, communicate with all parties for you, gather evidence, and determine a value for your case. Then, we will work tirelessly to present the most compelling arguments to the defendant’s insurance carrier and, when necessary, to a judge and jury.
Call our office to set up your free consultation at (516) 932-0400.
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