NEW YORK RIDESHARE ACCIDENT ATTORNEY

Filing a rideshare claim differs from the process of filing a standard insurance claim against another driver’s insurance company. For example, filing an insurance claim after an accident involving an Uber driver requires you to file a PIP claim and a claim against the driver’s or Uber’s insurance company. During a free case evaluation, one of the rideshare lawyers in New York from Morgan and Morgan reviews the contract between Uber and the Uber driver. The contract might include information concerning what happens after an accident in which you were the passenger, as well as describes which party assumes legal liability for an Uber driver striking you while you crossed a street at a traffic light.

Several states have enacted laws that regulate the insurance companies that cover Uber-related claims. Nonetheless, state laws have not simplified the insurance claim process for accidents involving an Uber driver. For example, if an Uber driver struck you while under the influence at an intersection, does the driver assume liability for driving under the influence, or does Uber shoulder the blame for not properly screening the driver for drug and/or alcohol consumption issues? Is Uber responsible for hiring a driver who has accumulated a lengthy list of traffic infractions?

Because of the complexity of filing an insurance claim against Uber or one of its drivers, contacting a New York rideshare lawyer should be the first item on your to-do list after a car accident.

The most common causes of rideshare accidents are similar to the common causes of other types of motor vehicle collisions, with one exception.

Reckless Driving

Like taxi cab drivers, rideshare drivers try to move passengers from point A to point B as fast as possible. This means some rideshare drivers cut corners when it comes to following traffic laws. Speeding is the most common type of reckless driving and on busy streets like the ones found in New York City, speeding can cause a collision that leaves at least one victim in serious condition. Passing other vehicles in no-passing zones and blowing through red lights and stop signs represent the two other most common types of reckless driving among rideshare drivers.

Distracted Driving

A Smartphone is an essential communication tool for rideshare drivers to pick up customers. From receiving pickup orders and GPS directions to communicating with riders through calls and texts, rideshare drivers spend a considerable amount of time on the phone while operating a motor vehicle. Calling or texting while driving is a dangerous practice even for the most seasoned rideshare drivers. If you got involved in a car accident and a rideshare driver caused the crash because of distracted driving, one of the highly-rated rideshare lawyers in New York from Morgan and Morgan can help you prove negligence caused your injuries.

Driving Under the Influence

Rideshare drivers are like other drivers in that they might succumb to the temptation to use drugs and/or consume alcohol while operating a motor vehicle. The temptation becomes much stronger when a rideshare driver picks up a group of customers that have brought along drugs and/or alcohol. Driving under the influence of drugs and/or alcohol impairs judgment, which means a rideshare driver makes poor choices when operating a motor vehicle. Drugs and alcohol also considerably slow down reaction times, which can be a serious issue when you are riding in bumper-to-bumper traffic.

Inexperience

When you contact a rideshare company to schedule a ride, you expect the driver picking you up not only to have plenty of experience operating a motor vehicle but also plenty of experience transporting passengers. Unfortunately, some rideshare drivers have not compiled the operating experience required to drive safely. Some of the acts committed by inexperienced rideshare drivers are picking up fares in no-parking zones, failing to follow the correct protocols at airports, and failing to yield when they clearly have the responsibility to yield a lane for another driver.

As with other types of personal injury cases, you have a limited amount of time to file a civil lawsuit that seeks monetary damages. Most states have established the statute of limitations for filing a personal injury lawsuit between two and four years. A few states have set a deadline as long as six years and as short as one year. New York gives plaintiffs three years to file a civil lawsuit that seeks monetary damages against a rideshare driver or company. The day of the rideshare accident is the day when the clock starts ticking on the filing of a personal injury lawsuit.

Although three years gives you enough time to file a persuasive civil lawsuit, one of the rideshare lawyers in New York from Morgan and Morgan will encourage you to take swift action for two reasons. First, you are responsible for paying the bills associated with the auto crash. This means you must take care of costly medical bills out-of-pocket until you receive approval for an insurance claim or win a favorable legal judgment that awards you monetary damages. Second, your personal injury attorney wants to interview witnesses as soon as possible after a rideshare accident. Witness accounts tend to be much more accurate the closer they are given to the date of a personal injury incident.

If you do not meet the deadline for filing a personal injury lawsuit in New York, the court clerk processing your claim will dismiss it.

If you file a civil lawsuit against a rideshare driver or company, the primary goal of the attorney handling your case from Morgan and Morgan is to get you just compensation for your injuries.

Economic Damages

Economic damages, which also go by the term special compensatory damages, cover the tangible costs associated with a rideshare accident. Medical bills, such as diagnostic tests, treatment programs, and physical therapy sessions, typically represent the largest percentage of economic damages. You might qualify to receive compensation to cover the costs of prescription medications and the use of an assistive device. Damage to your vehicle, as well as electronics like a tablet or laptop, also falls under the category of economic damages. If you missed work to recover from injuries, you have the right to request compensation for lost wages.

Non-Economic Damages

Getting involved in a car accident can leave behind lingering mental and emotional scars. You might develop a fear of getting into your vehicle or develop anxiety the next time you decide to use a rideshare service. Non-economic damages, which do not come with a price tag, cover mental and emotional distress issues. Rideshare lawyers in New York calculate a fair value for non-economic damages by using a formula that factors in the value of economic damages.

Punitive Damages

If a rideshare driver or company committed one or more acts of negligence, the personal injury attorney assigned to your case by Morgan and Morgan will request the awarding of punitive damages. This type of compensation penalizes a rideshare driver or company for causing you harm. For example, you should ask for punitive damages from a rideshare company that did a poor job of vetting the driver who got you involved in a collision. Punitive damages deter the defendant from committing another similar act of negligence in the future.

Learn more about getting the compensation you deserve by scheduling a free case evaluation with one of the rideshare lawyers in New York from Morgan and Morgan.