Rideshare Accident Lawyers in Buffalo, NY
The continued popularity of rideshare companies like Uber and Lyft has had a considerable impact on the way people travel worldwide and here in western New York State. Although convenient, it’s important to remember that rideshare drivers can also be involved in a collision like any other driver. One study reveals that there’s been a 3% uptick in crash fatalities since the arrival of rideshare services in our country—leaving victims and their loved ones dealing with complex legal cases. As a rideshare passenger, you may be hurt, worried, and unsure of what to do next after an accident. If you or a loved one were injured in a rideshare accident, our dedicated legal team at Hiller Comerford Injury & Disability Law can help.
I Was a Passenger in a Rideshare Accident. What Now?
Even if you’re not the driver, you still should call 911 after the accident. In New York, it’s illegal not to report a traffic accident.
Plus, even if you don’t feel like you got hurt, you should still seek medical attention. Right after an accident, your body releases adrenaline, which can mask some of the pain from injuries you received.
After calling 911, take these steps to protect yourself:
- Report the accident to the local police.
- Exchange information—such as license plate numbers, insurance, and contact information—with everyone involved.
- Take photos or a video of the scene, if you’re able to.
- Once the police and emergency medical services arrive, pay close attention to any information that you see and hear.
- Get copies of your EMS and hospital treatment reports.
- Ask for a copy of the police report or find out how to request one online.
- Get follow-up medical care, as directed by the first responders.
- Contact an accident lawyer in New York.
If you were in a rideshare accident, you might be able to claim damages for any injuries you received and property damage you incurred.
Who Is Responsible for a Rideshare Accident in New York?
Rideshare laws can be complicated, and legislation is still catching up to technology. New statutes and changes to existing ones happen all the time, so it’s essential to have experienced rideshare accident lawyers representing you.
Rideshare drivers are classified into three categories, and their liability after an accident depends on their classification:
- Off-duty and not logged into the app
- Logged in and waiting for a fare
- Logged in and actively transporting a passenger
Responsibility for an accident is based on negligence. Determining the responsible party will depend on establishing whether their actions caused the accident or if they could have prevented the accident. Some common forms of personal negligence that lead to a collision are:
- Operating a phone while driving, including using the rideshare app
- Violating posted speed limits
- Driving under the influence of alcohol or drugs
- Failing to obey traffic signage, like running a red light or stop sign
When you hire rideshare accident lawyers in New York, it’s essential to give them all of the information you remember about your driver’s actions, including if you saw them engage in negligent activity or if the other driver was engaged in negligent activity.
Can I Sue the Rideshare Company After My Accident?
Holding rideshare companies directly responsible for your accident and any damages can be tricky, as any rideshare accident lawyer can tell you. This is because of how rideshare companies classify their drivers. They aren’t direct employees but rather independent contractors.
If the driver isn’t logged into the rideshare app, they’re considered on their own time, and their personal auto insurance policy will cover any damages.
However, if the driver is logged into the app and is awaiting their fare or actively transporting a customer—that is a different scenario. At that point, your rideshare accident lawyer may list the company as a defendant in the lawsuit, in addition to the driver and possibly the other party involved in the collision.
In order for your western New York rideshare accident lawyers to sue the rideshare company, they’ll have to claim the company itself was negligent. This typically is established in how the company screens, trains, and supervises its drivers.
For example, if the rideshare company didn’t do due diligence when hiring and approved drivers with a DUI on their record, the company could be considered negligent.
Insurance Complexities After a Rideshare Accident
Dealing with insurance complexities after rideshare accidents can be confusing. As we mentioned, coverage depends on whether the driver was actively using the app at the time of the crash. Also, rideshare companies like Uber and Lyft provide different levels of insurance coverage based on the driver’s status. For example:
- If the driver was offline or had not yet accepted a ride request, their personal auto insurance applies.
- When the driver is online and waiting for a ride request, the rideshare company’s limited coverage may come into play.
- Once a ride is accepted and the driver is in motion and actively transporting a passenger, the company’s full coverage should be in effect.
When insurers dispute liability, these distinctions can make the process confusing. Even when a rideshare company’s insurance is supposed to cover your damages, you can’t take for granted that it will. They may try to deny your claim by arguing that their driver was not at fault. In some cases, accident victims may have to rely on their own personal injury protection (PIP) insurance, which covers medical expenses regardless of fault under New York law. However, PIP coverage is often limited. This can leave rideshare accident victims with overwhelming financial burden.
Put simply, don’t try to handle these complexities on your own. Working with the experienced rideshare accident lawyers at Hiller Comerford Injury & Disability Law will give you a chance at the full compensation you deserve.
How Will My Lawyer Prove Negligence?
Proving negligence in a rideshare accident requires a thorough investigation and strong evidence. Here are some of the most important pieces of evidence to build a compelling case for your claim.
- The police report provides an official account of the accident, details about the drivers involved, any citations issued, and the responding officer’s observations. This document can be a critical step to establishing fault.
- Photos and videos from the scenealso play a crucial role in proving negligence. Capturing vehicle damage, skid marks, traffic signals, road conditions, and injuries can help demonstrate what happened and who was at fault. If there were any surveillance cameras or dashcams nearby, your lawyer might obtain that footage as well.
- Data from the rideshare appcan be invaluable. This information may include timestamps showing whether the driver was actively on a trip, GPS tracking data, and ride status updates. This data can help confirm whether the rideshare company’s insurance applies and whether the driver was acting recklessly.
- Witness testimonyfrom passengers, pedestrians, or other drivers can further support your claim. The perspective of unbiased witnesses on how the accident occurred can go a long way toward bolstering your case. This can be especially useful if the rideshare driver or their insurer disputes liability.
- Expert testimonyfrom accident reconstruction specialists, medical professionals, or industry experts can be tremendously helpful. An experienced law firm can help provide access to these experts to analyze crash dynamics, explain injury severity, or provide insight into how negligence contributed to the accident.
By compiling and presenting this evidence, your rideshare accident lawyer will work to prove the other party’s negligence and fight for the compensation you deserve.
What Compensation Can I Receive?
The kind of compensation and how much you’ll receive after an accident depends on a few things. In New York, rideshare accident lawyers may seek damages in three categories:
- Economic: Economic damages are those that can be directly established monetarily. These can include your medical bills, the cost of repairing or replacing your car, and wages you didn’t earn because you missed work due to the accident.
- Non-Economic: Non-economic damages compensate for the physical pain, emotional trauma, and mental anguish you experienced after the accident. If your injuries caused you to have a diminished quality of life or disfigurement, you could receive non-economic damages for that, too.
- Punitive: Punitive damages may be assessed against the rideshare company if your lawyers find that the company was negligent in its hiring or supervisory procedures. Punitive damages are intended to deter companies from engaging in negligent practices again.
Your lawyer will explain how much they’ll seek on your behalf and how they arrived at the amounts for each category. Generally, if the car accident was severe, or if your quality of life dramatically changed, you’ll have damages in higher amounts than you would if you simply had a bruise or a fender bender.
How Long Do I Have to File a Claim After My Rideshare Accident in New York?
Another reason to consult with a rideshare accident lawyer right away is that there’s a short time frame in which you can file a claim against the other driver, your rideshare driver, or the rideshare company. This is called the statute of limitations. If you miss that deadline, the court will likely dismiss your case.
In New York, the statute of limitations for a rideshare accident claim is three years from the date of the accident.
Uber Injury Lawyer Answers: Can You Sue Uber for Car Crash Injuries?
Millions of individuals use Uber and other rideshare services daily in the United States. While Uber may be a convenient travel option for some, especially those in crowded urban areas, ridesharing is not risk-free. Uber’s own statistics reveal that between 2019 and 2020, 91 Uber-related crashes resulted in 101 fatalities. New York’s no-fault insurance structure means that in the event of a crash, each driver’s insurance company will pay the claims of its insured. There are situations where you could pursue compensation against the at-fault party and their insurance company. However, this does not mean Uber is likely to be responsible for your damages. Please continue reading as our Uber injury lawyer explains.
Overview of Uber’s Insurance and How It Operates
Uber requires its drivers to carry insurance coverage that meets the minimum insurance requirements for their state. The personal policies of Uber drivers cover them while they are not logged into the app and are not accepting riders.
When the driver logs into the app, Uber’s insurance covers the driver in the event of a car accident. The benefits available to pay any claims will depend on whether the driver logs in and has accepted a fare or is merely logged in and available for fares.
In either event, Uber’s insurance is primarily responsible for paying claims, and the driver’s personal insurance would be secondary.
Bringing a Car Crash Lawsuit in New York
If you suffer a severe injury in a car crash, as the law defines that term, you may be able to bring a claim against the at-fault party’s insurance or against the party directly. A lawsuit of this nature can provide additional, more complete compensation when you have exhausted the benefits of your personal policy.
Generally, when an at-fault driver was working and engaged in their employment at the time of the wreck, that driver’s employer is also liable. If you did not bring suit against the employer, the employer would indemnify their employee.
Uber Drivers Are Not Employees of the Company
With all this in mind, it may be surprising to learn that car accident lawsuits rarely succeed against Uber. This lack of success is attributable to the fact that Uber considers its drivers to be independent contractors, not employees.
Unlike an employee, whom the employer can control and direct, employers typically do not exercise control over the day-to-day activities of independent contractors.
New York Lyft Accident Attorney Lists Steps to Take After a Rideshare Crash
In 2018, the Pew Research Center found that the number of Americans using rideshare services reached 36 percent, more than twice the number who reported rideshare use in 2015. Uber and Lyft are two of the biggest names in the rideshare business and account for most rideshare trips taken daily. Hailing a ride on Lyft may be convenient and cost-effective, but it still presents the risk of injury that driving your vehicle presents. And for the conveniences that a Lyft ride offers, it can present unique issues to receiving compensation when a crash does occur. Please keep reading as our Lyft accident attorney explains.
An Overview of How Lyft Insurance Works
Although Lyft considers its drivers to be independent contractors, Lyft does provide insurance coverage for its drivers. Whether this insurance is available to pay claims depends on the status of the Lyft driver at the time of the crash.
Lyft has generous insurance coverage if a car crash occurs while the Lyft driver is on their way to pick up a rider or is actively transporting a rider. The coverage is available if an underinsured or uninsured motorist strikes the Lyft driver. It also applies if the Lyft driver causes the crash.
Lyft’s insurance coverage also extends to any passengers riding in the Lyft vehicle at the time of the accident.
If the Lyft driver has yet to accept a fare, then the insurance coverage that Lyft affords is far less. The driver would need to rely on their insurance coverage and the little that Lyft affords to pay claims, if necessary. This situation can create a potential problem if the Lyft driver is transporting a fare but has yet to accept the ride through the app.
What to Do After a Lyft Accident
Your initial concern following a car wreck should be your health and safety and the safety of others. If you are hurt or suspect others may be injured, call for emergency medical assistance and report the accident to the police.
If it is possible to do so safely, write down or document how the accident occurred. New York is a no-fault insurance state, which means that after a wreck, each driver’s separate insurance will pay the claims of their own insured and any passengers. Each insurance company will pay these claims up to the policy limits of the applicable policy.
However, if these policy benefits are insufficient, you may have the right to pursue additional compensation from the at-fault party. For this reason, it is essential that your Lyft accident attorney know how the accident happened.
What To Do After an Uber Accident
Watch this video by dedicated Buffalo injury attorney Timothy Hiller, Esq. as he explains what to do after being involved in a ride-sharing accident.
If you were involved in an Uber accident, if you’re driving for Uber or Lyft or any other ride-sharing service, and you get in an accident while you’re on duty, you may think that, well, geez, I have to file a worker’s comp claim. I can’t pursue a claim on my own. But that’s actually not true. These are very complex cases, and there are very complex issues of insurance involved.
You need an attorney right from the get-go who’s going to put the right people on notice immediately. Because if you don’t contact an attorney who puts the right people on notice down the line, you may tell the insurance company about it, but they can deny your claim because they weren’t put on notice quickly enough. It’s very important that you hire an attorney who has experience navigating the different types of insurance that cover drivers of ride-sharing services so that the proper notice is given to the insurance companies. Now, if you are a passenger in an Uber or in a Lyft, again, you’re going to need an advocate on your side because now you’re up against one of the biggest companies in America, Uber, and Lyft, and they have very talented insurance adjusters and an army of lawyers. So if you’re going to do that, if you’re going to take that on by yourself, you’re not going to get the best results.
You need somebody who, number one, is willing to stand up to these people. Number two has the experience and talent to do so. At The Law Office of Kenneth Hiller, we have that. We can be in your corner and guide you through that process.
If you or a loved one was injured in New York due to the negligence of another party, you may be entitled to compensation. At Hiller Comerford Injury & Disability Law, PLLC, we have successfully helped thousands of clients protect their rights and maximize their compensation after suffering a personal injury. Contact us today for a free consultation with an experienced personal injury attorney.
Schedule a Free Consultation Today
Seeking damages after a rideshare accident can be complicated and confusing, and New York accident laws may make it challenging to recoup damages from the other driver or the rideshare company.
Plus, the insurance companies for the at-fault parties may deny your claim outright or offer a settlement that doesn’t even cover your medical bills. In this difficult time, you need an attorney who knows the law and can advocate for you.
At Hiller Comerford Injury & Disability Law, PLLC, our skilled rideshare accident lawyers can help. We have years of experience defending the interests of clients just like you who were involved in a rideshare accident. Call us today for a free consultation!
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