Rideshare Accident Attorney in New York350 Fifth Avenue, Suite 6705
New York, NY 10118
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Rideshare Lawyers in New York
What was once the exclusive domain of taxi cab drivers has turned into a popular way to get around town called ridesharing. A rapidly growing number of customers call a rideshare company for transportation from entertainment hot spots such as Times Square to a bustling nightclub operating in Manhattan. Rideshare companies have emerged as a contender for the title of King of private transportation because of several reasons, including a more comfortable ride and a familiarity with the driver representing the rideshare company. However, rideshare drivers have to deal with the same safety issues faced by other drivers, whether it is a taxi cab driver or a commuter heading home from work to a home on Long Island.
Rideshare drivers also have to deal with motor vehicle accidents, as do the passengers they serve across the State of New York.
Filing an insurance claim for an auto crash is often a confusing and frustrating process. Far too many insurance companies deny valid claims for financial assistance or if they approve an insurance claim, the value of the claim is much lower than it should be. Although filing an insurance claim poses several issues, filing one against a rideshare driver or company generates additional issues that require the legal support of one of the experienced rideshare lawyers in New York.
The first issue to settle is which party is legally responsible for paying the costs associated with medical care and property damage. Experienced rideshare lawyers in New York review the legal arrangement made between a driver and a rideshare company to determine which party’s insurance company must pay for damages. If the driver or the driver’s rideshare company committed one or more acts of negligence, a rideshare lawyer in New York gathers and submits the type of persuasive evidence needed to get an insurance claim approved and win a favorable legal judgment by filing a civil lawsuit that seeks monetary damages.
Because of the complex legal issues that arise after a car accident involving a rideshare driver, you should contact one of the highly-rated personal injury attorneys at Morgan and Morgan. Since 1988, Morgan and Morgan has recovered more than $14 billion in monetary damages for clients that filed personal injury lawsuits. Since the advent of rideshare options, Morgan and Morgan has created a separate personal injury team to handle rideshare accident cases. We help clients determine which party’s insurance company should process a claim, as well as conduct a detailed investigation that proves the driver or the rideshare company committed at least one act of negligence.
Schedule a free case evaluation today with one of the rideshare lawyers in New York from Morgan and Morgan.
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What Do I Need to Know About a Rideshare Insurance Claim?
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.
What Are the Most Common Causes of Car Accidents Involving Rideshare Drivers?
The most common causes of rideshare accidents are similar to the common causes of other types of motor vehicle collisions, with one exception.
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.
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.
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.
How Much Time Do I Have to File a Rideshare Accident Lawsuit?
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.
What Types of Compensation Can I Request After a Rideshare Accident?
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, 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.
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.
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.