Rideshare companies like Uber and Lyft have revolutionized transportation, particularly in bustling urban areas such as Brooklyn, where traditional public transport may fail. These services not only offer a more convenient alternative to buses or trains but also contribute to a reduction in drunk driving incidents.
However, while rideshares can be cost-effective, it’s crucial to consider the risks associated with entrusting your safety to another driver. Many rideshare drivers have backgrounds as taxi or bus drivers, bringing valuable professional driving experience.
Yet, the risk of riding with a stranger remains. With the rising popularity of these services, the increase in vehicle traffic could lead to a higher likelihood of accidents in cities like New York.
You must know your legal options if you or someone close to you has been involved in an accident while using a rideshare service. The CEO Lawyer Personal Injury Law Firm focuses solely on assisting rideshare accident victims.
We are dedicated to holding responsible parties accountable and securing the compensation you deserve. Our team has successfully supported numerous clients in NYC through these challenging times.
How Our Brooklyn Rideshare Accident Attorneys Help You?
Ridesharing has transformed urban mobility, but handling accident claims involving drivers from companies like Uber and Lyft can be complex. You must have skilled Brooklyn personal injury lawyers to ensure you receive the compensation you deserve.
At the CEO Lawyer Personal Injury Law Firm, our reputation in Brooklyn and New York City is built on our commitment to advocating for car accident victims.
We are dedicated to staying informed about legal developments, especially those impacting rideshare accident claims. Our team leverages their extensive knowledge and experience to fight for full compensation for you.
Our services include:
- Answering your urgent legal questions
- Providing clear guidance through the claims process
- Conducting thorough investigations into your rideshare accident
- Collaborating with top accident and injury experts to strengthen your case
- Managing all communications with insurers and opposing parties
- Negotiating forcefully using solid evidence and arguments to achieve a significant settlement
We will represent you in court through our expert trial lawyers if needed. Contact us today for a free consultation.
During this meeting, we’ll assess your case, offer initial legal advice, and discuss your potential legal options.
Our Brooklyn Rideshare Accident Law Firm Fight to Recover Compensation for All of Your Injuries
If you’ve been injured in an Uber accident in Brooklyn, it’s crucial to understand that ridesharing passengers have no special safeguards during a collision. Uber and Lyft drivers operate their vehicles, which are standard passenger cars, leaving you just as vulnerable to injuries as in any other motor vehicle accident.
Injuries from Uber accidents can be severe and include:
- Traumatic brain injuries
- Spinal cord damage
- Whiplash
- Concussions and other head or neck injuries
- Back injuries
- Fractured or broken bones
- Burns
- Soft tissue injuries
- Amputations
- Paralysis
- Catastrophic injuries
- Even wrongful death
If you’ve suffered in an Uber accident, don’t hesitate to contact our Brooklyn personal injury law firm. We offer a complimentary case review, during which you can learn more about your rights and how we can help you fight for the compensation you deserve.
How do Rideshare Accidents Differ From Car Accidents?
Accidents involving ridesharing differ from regular car crashes in a few important respects.
Firstly, rideshare drivers are generally classified as independent contractors rather than employees. This distinction can affect liability issues, making it more complex to determine who is responsible for the accident.
Moreover, rideshare accidents usually involve multiple insurance policies. These include the driver’s auto insurance, the commercial insurance provided by the rideshare company, and potentially the insurance of other involved parties.
Coordinating claims and negotiations between these different insurers can be intricate and require careful handling.
Additionally, rideshare companies typically have detailed protocols for addressing accidents that involve their services. Learning these procedures is important for protecting your rights and ensuring proper case handling.
Since rideshare accidents can be complicated, it’s best to consult a knowledgeable lawyer with experience in this field to ensure your rights are fully upheld during the legal process and that you get just compensation.
Role of the Uber App and Driver Status During the Accident
- Driver App Status at the Time of the Accident: The status of the Uber driver’s app at the time of an accident is crucial in determining liability. Uber’s potential responsibility varies depending on whether the driver is actively engaged with the app, available to accept ride requests, or in the process of fulfilling a ride request.
- Confirmation of Ride Acceptance: Uber’s insurance coverage is typically more comprehensive when a driver confirms a ride request through the Uber app and is en route to pick up or transport a passenger. This coverage usually extends to drivers and passengers, offering protection against accidents.
- Accidents During a Passenger Trip: If an accident occurs while the driver is actively transporting a passenger via a trip arranged through the Uber app, Uber’s insurance is likely to cover costs such as medical expenses and property damage.
- Status with the App Open but Not on a Trip: Situations in which the driver has the Uber app open but hasn’t accepted a ride request or is awaiting a passenger involve a different level of insurance coverage. In these cases, the driver’s insurance may also come into play.
- Uber’s Role and Responsibilities: Uber’s management of its app and driver activities can impact liability determinations. Accident victims must understand how Uber’s policies and insurance arrangements apply to their situations.
How Common Are Uber Accidents in Brooklyn?
Determining the frequency of Uber accidents in Brooklyn each year is challenging. Uber drivers operate as independent contractors using their vehicles, and NYPD crash data typically does not distinguish whether an Uber driver was involved.
Uber’s inaugural safety report revealed that in 2023, Uber drivers covered over 8.2 billion miles. According to this report:
- There were 49 fatalities in accidents involving Uber vehicles throughout the year.
- However, the report, prepared by Uber itself, did not provide details on the number of injuries in these incidents.
The National Highway Traffic Safety Administration (NHTSA) has also monitored trends associated with rideshare services like Uber and Lyft. NHTSA studies indicate that since the advent of these services, fatal accidents have risen by 2% to 4% annually.
This data highlights the growing concern over the safety impacts of ridesharing on public roads.
Causes of Brooklyn Rideshare Accidents
The popularity of rideshare services like Uber and Lyft in Brooklyn can be attributed to several factors. Owning a car in the city can be impractical due to high insurance rates and costly parking.
Despite their convenience, rideshare drivers face numerous challenges that can lead to accidents:
- Dangerous Pick-ups and Drop-offs: Accidents can occur when rideshare vehicles pick up or drop off passengers at intersections or other high-risk locations.
- Distracted Driving: Searching for passengers can divert a driver’s attention from the road, increasing the risk of accidents.
- Navigation Distractions: Using GPS devices or smartphones for navigation can distract rideshare drivers, making it difficult to focus fully on driving.
- Impaired Driving: Some accidents involve rideshare drivers who operate their vehicles under the influence of drugs or alcohol, compromising their ability to drive safely.
- Illegal Maneuvers: Unsafe or illegal U-turns are a common cause of incidents in Brooklyn’s busy streets.
- Speeding: There is a tendency among some rideshare drivers to exceed speed limits to deliver passengers to their destinations quickly, which can lead to serious accidents.
What Types of Damages Are Available to Uber Accident Victims?
Uber and Lyft accident victims may seek compensation for both economic and non-economic damages.
Economic damages cover financial losses such as:
- Medical expenses
- Lost wages
- Future medical costs
- Reduction in future earning potential
- Physical therapy costs
- Expenses for rehabilitative care
- Long-term care costs
Non-economic damages address the more subjective losses, including:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Scarring and disfigurement
- Loss of companionship or consortium
In tragic circumstances where an Uber or Lyft accident results in fatality, legal support is available to file a wrongful death claim to assist the victim’s family during this profoundly challenging period.
Legal Aspects of Uber Accidents
New York’s No-Fault Insurance Laws:
Under Article 51 of the Insurance Law, New York adheres to a no-fault insurance system. This system ensures that accident victims receive compensation through their insurance providers, irrespective of who was at fault.
However, if the injuries surpass the “serious injury threshold” defined in Section 5102(d) of the Insurance Law, victims can pursue claims against the at-fault parties. This may include the Uber driver, the company, or any other involved third parties.
Uber’s Insurance Coverage:
Uber provides different levels of insurance coverage based on the driver’s status within the app at the time of the accident. If the driver is not logged into the Uber app, their auto insurance is the primary coverage.
When the driver is logged into the app but not engaged in a trip, Uber offers limited coverage. Full commercial insurance coverage applies when the driver is actively transporting a passenger.
Negligence Laws in New York:
New York employs a comparative negligence framework as outlined in CPLR Article 14. This approach is particularly relevant in Uber accident cases, where determining fault is crucial.
The comparative negligence system assesses each party’s degree of fault and adjusts compensation based on these percentages, ensuring that liability and damages reflect the actual circumstances of the accident.
Statute of Limitations for Uber Accidents Claims in New York
It’s essential to understand the New York statute of limitations for Uber accident claims, and working with Brooklyn personal injury attorneys who specialize in this area can have a big impact. An attorney could be disadvantaged if they are unaware of the precise deadlines at every phase of the procedure.
Our expert team has extensive knowledge of these critical timeframes, ensuring no detail is overlooked. Their expertise helps prevent delays and guarantees that justice is efficiently pursued on your behalf.
Here are some key deadlines for initiating an Uber accident lawsuit in Brooklyn:
- General Personal Injury Statute: In New York, the statute of limitations for personal injury claims, including those from Uber accidents, is three years from the accident date, as stipulated in CPLR Section 214.
- No-Fault Insurance Deadlines: Under no-fault insurance, claims involving initial medical expenses and lost wages must be filed within 30 days of the incident. Additionally, a written notice must be submitted to the insurer within 90 days, following New York’s No-Fault Law (Insurance Law Section 5103).
- Serious Injury Threshold: To proceed with a personal injury lawsuit against an at-fault party, such as Uber or the driver, the plaintiff must meet the serious injury threshold defined in Insurance Law Section 5102(d). Not meeting this threshold can result in the lawsuit being dismissed.
How Do You Prove Negligence After an Uber Accident in New York?
Proving negligence following an Uber accident in Brooklyn involves demonstrating four key elements:
- Duty of Care: Every driver on the road, including Uber drivers, is legally obligated to act reasonably towards other road users. This means adhering to traffic laws and driving responsibly to avoid harming others.
- Breach of Duty: If an Uber driver fails to uphold this duty of care—such as by running a red light—they are considered to have breached their duty.
- Causation: For Uber drivers’ actions to constitute negligence, the breach of duty must directly cause an accident. For example, if the driver runs a red light and subsequently hits a pedestrian, the breach (running the red light) directly leads to the accident.
- Damages: Finally, there must be actual damages resulting from the accident. This can include physical injuries to the pedestrian, medical expenses, and lost wages due to being unable to work.
Learning these components is important when establishing liability in an Uber accident case in New York. Typically, the victim (or their legal representation) must gather evidence that links the Uber driver’s actions to the accident and the resulting injuries and losses.
Get Free Consultation with Our Brooklyn Rideshare Accident Lawyers!
A car accident can result in severe injuries and overwhelming medical bills. You don’t need to face these challenges by yourself.
Important Note: There is a time limit for filing an Uber accident lawsuit in Brooklyn to secure your compensation. Consult with the CEO Lawyer Personal Injury Law Firm if you’ve suffered injuries in an accident. We’re eager to listen to your story and devise a strategy to help you obtain the compensation you deserve.
Our fastest-expanding team strives to ensure you receive the compensation you deserve for your injuries and losses. Contact us today at (516) 689-1132 for a complimentary evaluation of your case, or fill out our online contact form to explore your legal options.
