New York Rideshare Accident Attorneys
Rideshare services such as Uber and Lyft have become an integral part of New York’s transportation network. According to one report by Forbes, “As of December of 2021, the latest month with complete data available, just over 100,000 average daily taxi rides and around 520,000 daily average rides on Uber and Lyft were registered in New York City.” The rise in the number of people using these services has also led to an increase in the number of rideshare accidents.
The Journal of Safety Research estimates that roughly one-third of all rideshare drivers have been involved in a crash on the job. Another study by the University of Chicago Booth School of Business has revealed that the arrival of ride-hailing services has led to a 3 percent increase in traffic fatalities. These accidents can result in severe injuries for survivors and present a number of legal challenges. Our team of New York rideshare accident attorneys at Gersowitz Libo & Korek, P.C. are here to help you through these challenges. We are committed to getting clients fair compensation so that they can focus on healing. You can contact us anytime for a risk-free consultation at (800) 529-9997.
Why Choose a Law Firm That Specializes in Rideshare Accidents?
Rideshare accidents can be uniquely complex. Unlike many other workers, Uber and Lyft drivers are not considered employees. They are categorized as independent contractors, which can complicate legal claims. Who can be held responsible for the accident will depend in large part on whether or not the app was in use. There are a number of advantages to hiring a rideshare law firm over a general personal injury lawyer.
- Experience: Rideshare accident attorneys have a unique understanding of the laws and statutes that govern rideshare collisions.
- Maximizing Compensation: Rideshare accident attorneys understand all of the ways that Uber and Lyft try to minimize payouts. They can use this information to help maximize the compensation that you receive.
- Litigation Experience: If your case does go to trial, a law firm that specializes in rideshare accidents will typically be more prepared to take on Uber and Lyft, both of whom have significant legal teams.
It’s never a good idea to hire an attorney who is getting on-the-job legal training. It’s better to have someone who has been through the process of litigating a rideshare accident claim multiple times. Rideshare accident attorneys are incentivized to help you to the greatest extent possible. By contrast, Uber, Lyft, and their insurance providers only want to help themselves at your expense.
Common Causes of New York Rideshare Accidents
Rideshare accidents can be very complex events. The factors that contribute to any rideshare collision can take place hours, days, or even weeks ahead of time. What follows are just a few of the common causes of rideshare accidents in New York.
- Distracted Driving: Rideshare drivers are constantly getting notifications for new rides and other messages. They are supposed to mount their phones to avoid needing to look down at them. But far too often this does not take place. The cell phones they rely on to work can easily become significant distractions.
- Driver Fatigue: Many people drive for Uber and Lyft after already working a shift at another job. This can lead to rideshare drivers becoming dangerously fatigued.
- Reckless Driving: Rideshare drivers have an incentive to do as many deliveries and trips as possible. They may even be pushed by their own riders to drive faster. This can easily lead them to adopt unsafe driving practices that put everyone in danger.
- Poor Vehicle Maintenance: Uber and Lyft both assume no responsibility for maintaining the vehicles that rideshare drivers use. When rideshare drivers are low on money, they could easily forgo needed maintenance.
- Third-Party Driver Negligence: It is common for rideshare vehicles to be involved in accidents due to the negligence of other drivers. For example, another driver may rear-end a rideshare vehicle.
It is important that all of the circumstances surrounding any rideshare collision are properly understood. Depending on the facts of any case, there could be numerous liable parties for any rideshare collision.
Determining Liability for a Rideshare Accident
Rideshare drivers will typically use their own vehicles. If they cause an accident due to speeding or disobeying some traffic regulation, they can personally be held at fault for a collision. Moreover, Uber and Lyft may bear some responsibility if a driver was actively transporting a passenger when they crashed.
Uber and Lyft both provide liability coverage for all of their drivers. But the extent of the coverage will depend largely on the actions of the driver leading up to the crash. In particular, it matters whether the driver was waiting for a ride or actively transporting a passenger.
A third-party driver could also potentially be liable for a collision involving a rideshare vehicle. However, even if the at-fault driver was uninsured or underinsured, Uber and Lyft both have insurance policies that will typically help cover damages for passengers and other affected parties.
In rare cases, a municipal entity like a city or state agency could be held at fault for a collision involving a rideshare vehicle. For example, a roadway may have been in a dangerous condition that created a hazard and contributed to an accident.
Understanding Uber & Lyft Insurance Policies
Whether or not an accident victim will be able to recover through Uber or Lyft’s insurance policies will depend on the circumstances of the collision. There are three specific periods that help determine the extent of insurance coverage available to injured parties.
- Period 1: During this period, the Uber or Lyft app is turned on, and the driver is waiting for a request. The insurance coverage under period one is much more limited than when a passenger is being transported. Uber and Lyft both offer $50,000 per person for bodily injury. They offer $100,000 per accident. There is another 25,000 offered for property damage.
- Period 2: During this period, the rideshare driver is en route to pick up a passenger. Uber and Lyft both offer $1 million worth of liability coverage for injuries and damages sustained to third parties. There is also uninsured and underinsured motorist coverage when an at-fault driver has little to no insurance.
- Period 3: During this period, an Uber or Lyft passenger is in the vehicle and on the way to being dropped off at their destination. Similar to period two, there is $1 million in liability coverage for injured parties. There is also uninsured and underinsured motorist coverage available.
If a rideshare driver has their app turned off and is not working, they will be solely responsible for any car accident that they are involved in. When a rideshare driver is involved in a collision, it is important to determine whether or not the app was turned on and if they were actually working when the crash took place.
Steps to Take After a Rideshare Accident
It can be hard to know where to begin if you’ve been involved in a car accident. There are a number of steps that victims of rideshare accidents should take in order to preserve their health and legal rights.
- Medical Attention: It is always best to seek immediate medical attention after any car accident, even if you feel completely fine. A thorough medical evaluation can help reveal injuries that may not be outwardly obvious and therefore may be overlooked.
- Document the Scene: Accident victims should do the best that they can to document the scene. This will include taking photos of the crash site and collecting contact information from all potential eyewitnesses.
- Contact an Attorney: If you’ve been injured in a rideshare collision, it is always a good idea to seek the guidance of an experienced New York rideshare accident lawyer. You should do this before speaking with insurance companies.
Insurance companies will commonly offer accident victims early settlements in order to avoid larger payouts down the road. But these offers should almost never be accepted without first speaking to an attorney. These offers rarely take into consideration all of the potential medical complications and issues that you may encounter at a later time.
Compensation Available After a Rideshare Collision
Rideshare accidents can be traumatic and leave victims with lifelong injuries. These can impact a person’s ability to go to work and provide for their family. Accident victims are able to seek aid for numerous types of damages.
- Medical Expenses: Accident victims can receive compensation for all of their current and future medical expenses.
- Lost Wages: Accident victims can receive compensation for all of their lost earnings. They can also be compensated if an accident results in a loss of earning potential.
- Pain and Suffering: Accident victims can be compensated for the psychological damage that they suffer. Even relatively minor accidents can result in at least some pain and suffering.
- Property Damages: Accident victims can receive compensation if their vehicle was damaged in a collision.
- Wrongful Death: The family of any person killed in a rideshare accident can receive compensation for that person’s death.
There are no hard and fast rules about how much compensation a person should receive following a rideshare accident. One of the key benefits of having a skilled New York rideshare accident attorney is that they can put your case in the best possible light so that you can receive the most money possible for your injuries.
How a New York Rideshare Accident Lawyer Can Help
If you’ve been injured in a New York rideshare accident, you don’t have to navigate your legal claim by yourself. There are a number of ways that an attorney can help with your case.
- Gather Evidence: An attorney can investigate your accident and gather all of the evidence necessary in order to demonstrate that one or more parties are liable.
- Negotiations: An attorney can negotiate with insurance companies on your behalf so that you can focus on healing.
- Litigation: Most rideshare accident claims settle out of court. But if an insurance provider is not willing to offer a fair settlement, an attorney can file a lawsuit and present your case before a jury.
- Maximizing Compensation: An attorney can help maximize the compensation that you receive through aggressive legal representation.
There is a tremendous piece of mind that can come with having an experienced attorney work on your behalf. They can handle all of the court proceedings and everything related to your case so you can concentrate on living your life.
Why Choose Our Rideshare Law Firm
Gersowitz Libo & Korek, P.C. has decades of experience helping people with personal injury claims all across New York. In fact, they have recovered over $1 billion for their deserving clients. They have a proven track record of being able to help people win rideshare accident claims. There is no case too large or complex for us to handle.
There are absolutely no upfront fees to hire our attorneys. We work entirely off of a contingency fee basis. In other words, we only get paid from the opposing insurance provider after we are able to successfully resolve your case. When you hire our firm, you can rest assured that we will do everything in our power to win on your behalf.
Getting Legal Help for a Rideshare Accident Case
The impact of a rideshare accident can extend far beyond an individual. In many cases, they can jeopardize the financial well-being of entire families. If you or your family’s well-being is at stake, it is essential to work with a law firm that has a proven track record of success. Winning or losing any injury claim often comes down to having skilled legal representation.
Have you or someone you care about been injured in a New York rideshare accident? You may be entitled to financial damages. Our New York rideshare accident law firm can help you. We can pursue a civil claim on your behalf so that you can receive the compensation that you are entitled to under the law. Whether you just have legal questions or are wondering how a New York rideshare accident lawyer can help with your case, we are here for you. You can reach out to us anytime at (800) 529-9997.
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