Rideshare Accident Lawyer

In the bustling streets of New York City, rideshare services like Uber and Lyft have become integral to daily transportation. However, the convenience of these services comes with risks, and accidents can happen. If you’ve been involved in a rideshare accident, whether as a passenger, a rideshare driver, or a third party, you need a knowledgeable Lyft or Uber accident lawyer who understands the complexities of rideshare accident claims.

At Sakkas, Cahn & Weiss, LLP, we have experience in representing individuals affected by rideshare accidents, ensuring they receive the compensation they deserve. Contact us today for a FREE consultation.

What Constitutes a Rideshare Accident in New York?

Rideshare Accident Lawyer

In New York, a rideshare accident involves an incident where a vehicle operated under a rideshare platform, such as Uber or Lyft, is involved in a traffic accident. These accidents can vary widely in circumstance and severity, affecting passengers, rideshare drivers, other drivers, pedestrians, or cyclists. Here’s what constitutes a rideshare accident in New York and the specifics that often come into play:

Definition of a Rideshare Accident

A rideshare accident occurs when:

An accident involves at least one vehicle being operated as part of a rideshare service. This can occur while the driver is en route to pick up a passenger, during a passenger trip, or even immediately after a passenger has been dropped off, as long as the driver is logged into the rideshare app.

The accident results in damage or injury. This includes physical injuries to any party involved, as well as any damage to vehicles or property.

Common Scenarios of Rideshare Accidents

Collisions Between Rideshare and Private Vehicles: This happens when a rideshare vehicle collides with a private car, motorcycle, or truck.
Accidents Involving Pedestrians or Cyclists: These accidents occur when a rideshare vehicle hits a pedestrian or cyclist, which can be particularly dangerous in urban areas like New York City.
Single-Vehicle Accidents: Rideshare drivers may also be involved in single-vehicle accidents due to factors like poor road conditions, adverse weather, or driver error.
Multi-Vehicle Pile-Ups: Rideshare vehicles can be involved in complex accidents involving multiple vehicles, often leading to complicated legal and insurance claims.

Key Legal Considerations

Determination of Fault: Establishing who is at fault in a rideshare accident can be complex. It involves the rideshare driver, other drivers, and sometimes other parties like vehicle manufacturers or the city for poor road maintenance.
Insurance Coverage Issues: Rideshare companies provide insurance for their drivers, but the coverage depends on the driver’s status at the time of the accident. Understanding these layers of coverage is crucial for addressing compensation.
Multiple Parties Involved: Rideshare accidents often involve several parties, which can complicate claims as multiple insurance companies may be involved.

Insurance Coverage During Rideshare Operations

Rideshare insurance coverage in New York is generally divided into periods:

Period 1: When the driver is logged into the rideshare app but has not yet accepted a ride request. Coverage is typically limited.
Period 2: From the time a ride request is accepted until the driver picks up the passenger, with higher liability coverage.
Period 3: From passenger pickup to drop-off, providing the highest coverage, including liability, uninsured motorist, and possibly collision and comprehensive coverage.

How a New York Rideshare Accident Lawyer Can Help

Rideshare accidents in New York City present unique legal challenges that require knowledgeable and experienced legal representation. At Sakkas, Cahn & Weiss, LLP, our dedicated team of rideshare Uber and Lyft accident lawyers understands the intricacies of rideshare law, insurance issues, and liability disputes. Here’s how we can help if you’ve been involved in a rideshare accident:

Comprehensive Case Evaluation

Initial Consultation: We start by offering a free consultation to understand the details of your accident and assess your legal options.
Determining Liability: Our team will investigate who is at fault, including the rideshare driver, the company, other involved drivers, or even city agencies responsible for road conditions.

Experience in Rideshare Regulations and Insurance Issues

Navigating Insurance Policies: We are proficient in dealing with the complex insurance frameworks that cover rideshare drivers and their passengers, ensuring you navigate these successfully.
Understanding of Rideshare Law: Our rideshare accident lawyers stay updated on the evolving laws and regulations that affect rideshare services in New York, providing you with knowledgeable legal guidance.

Aggressive Representation and Negotiation

Dealing with Insurance Companies: We handle all communications with insurance companies, advocating on your behalf to ensure that you receive the full compensation you deserve.
Maximizing Your Compensation: Our team works tirelessly to secure compensation for all your damages, including medical expenses, lost wages, pain and suffering, and more.
Litigation: If necessary, we will take your case to court to fight for your rights and secure the best possible outcome.

Full Legal Support Through the Claims Process

Filing Claims: We manage the entire process of filing claims, from drafting and submitting necessary paperwork to following up with insurance adjusters.
Legal and Procedural Guidance: We guide you through the complex legal and procedural landscape of New York’s traffic accident and personal injury law, keeping you informed at every step.

Personalized and Compassionate Service

Client-Centered Approach: At Sakkas, Cahn & Weiss, LLP, we prioritize your needs and well-being, tailoring our strategies to suit your specific circumstances.
Support Beyond the Courtroom: Understanding the physical and emotional toll of being involved in an accident, we provide support beyond legal representation.

Why Choose Sakkas, Cahn & Weiss, LLP?

Choosing the right rideshare accident attorney is crucial after a rideshare accident. Our firm stands out because of our:

Proven Track Record: We have a history of securing favorable settlements and verdicts for our clients in rideshare accidents.
Experience: Our personal injury attorneys have in-depth experience and a deep understanding of both local and state laws that will govern your case.
Commitment to Clients: We are committed to achieving the best outcomes while ensuring the process is as stress-free as possible for our clients.

Common Injuries from a Rideshare Accident

Rideshare accidents can result in a range of injuries, from minor to severe, depending on the specifics of the crash, such as the speed at impact, location within the vehicle, and whether passengers were wearing seat belts. Here’s a look at some common injuries that can occur from a rideshare accident:

Whiplash and Soft Tissue Injuries

Whiplash is one of the most common injuries in car accidents, including rideshares. It occurs when the force of a crash causes the head to snap rapidly back and forth, stretching and tearing the muscles and tendons in the neck.

Soft tissue injuries can also include sprains, strains, or bruises in other parts of the body.
Broken Bones

The impact of a rideshare accident can easily break bones, particularly those more vulnerable in crashes, such as the ribs, wrists, arms, and legs.

Traumatic Brain Injuries (TBIs)

TBIs can range from mild concussions to severe brain damage and occur when the head violently hits an object or from the sheer force of the accident, causing the brain to move within the skull.

Lacerations and Abrasions

Sharp or unsecured objects inside the car can become projectiles in a crash, causing cuts or lacerations. Glass from broken windows can also cause serious cuts.

Internal Injuries

Internal injuries, such as internal bleeding or organ damage, are particularly dangerous because they may not be immediately apparent after the accident.

Spinal Cord Injuries and Paralysis

Damage to the spine can occur from severe impacts, potentially leading to partial or complete paralysis.

Psychological Injuries

Beyond physical injuries, significant mental health issues can arise following an accident, including PTSD, anxiety, depression, and persistent fear of driving or riding in vehicles.

Burns

In rare cases, vehicle fires or explosions can occur during a crash, leading to burns that might be complicated by infections or require extensive treatment, such as skin grafts.

Facial Injuries

Facial injuries can include eye injuries, broken jaws, or serious dental trauma, especially if the face strikes part of the vehicle’s interior during the crash.

Seeking Medical and Legal Help

If involved in a rideshare accident, it’s crucial to seek immediate medical attention even if you feel fine—some injuries, like internal bleeding, might not show symptoms immediately but can be life-threatening. Subsequently, consulting with a rideshare accident lawyer can help you navigate the complexities of insurance claims and potential legal actions to seek compensation for your injuries, lost wages, medical expenses, and pain and suffering.

Who Can Be Held Liable for a Rideshare Accident?

Determining liability in a rideshare accident can be complex due to the multiple parties involved and the layered insurance policies associated with rideshare services like Uber and Lyft. Here are the key parties who might be held liable in a rideshare accident:

Rideshare Driver

The rideshare driver can be held liable if their negligence or violation of traffic laws caused the accident. Common examples of driver negligence include speeding, distracted driving, driving under the influence, or failing to obey traffic signals.

Rideshare Company

Although rideshare drivers are typically independent contractors, the rideshare company may also bear some responsibility under certain circumstances. This could be due to inadequate driver screening, insufficient training, or failing to enforce safe driving practices. The legal theory of “vicarious liability” can sometimes apply, although it’s less straightforward with rideshare companies compared to traditional employment relationships.

Other Drivers

If another driver’s actions contributed to or caused the accident, that driver can also be held liable. This includes scenarios where another motorist cuts off the rideshare driver, drives aggressively, or is otherwise negligent.

Vehicle Manufacturers

If a defect in any of the vehicles involved in the accident contributed to the crash or the severity of the injuries, the manufacturer of that vehicle could be held liable under product liability laws.

Third-Party Contractors

Some rideshare companies outsource certain responsibilities, such as vehicle maintenance or background checks. If an accident is linked to a failure in these areas, the third-party companies involved might be held responsible.

Government Entities

Municipalities or other governmental bodies responsible for road design, maintenance, and signage can sometimes be held liable. If poor road conditions or inadequate signage contributed to the accident, a claim might be made against the responsible government entity.

Property Owners

Property owners near roads might be liable if their actions or failure to act created hazardous conditions that contributed to the accident. An example is a property owner who fails to trim trees that block crucial signage.

Legal Considerations and Steps

Multiple Insurance Policies: Rideshare drivers are covered by their personal car insurance and a supplemental insurance policy from the rideshare company, which kicks in at different times depending on the driver’s status (logged into the app, carrying passengers, etc.).
Comparative Fault: New York follows a comparative fault rule, meaning that if more than one party is at fault, the court will apportion liability and damages according to each party’s degree of fault.
Statute of Limitations: You can file a lawsuit for a limited period, making timely legal consultation critical.

Due to the complexity of determining liability in rideshare accidents involving multiple potential defendants and insurance coverages, consulting with an experienced rideshare accident lawyer is crucial. We can help navigate these complexities, advocate on your behalf, and ensure that all potential sources of compensation are explored.

Compensation You May Be Entitled To

If you’re involved in a rideshare accident in New York, you may be entitled to various forms of compensation, depending on the case’s specifics, the extent of your injuries, and who is found liable. Understanding what you might be eligible to receive can help you navigate the aftermath of an accident effectively. Here’s an overview of the types of compensation typically available:

Medical Expenses

This covers all medical treatments related to injuries sustained in the accident, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care you may need due to your injuries.

Lost Wages and Lost Earning Capacity

Compensation for Lost Wages: If you’re unable to work while you recover, you can be compensated for lost wages.
Loss of Earning Capacity: If your injuries impact your ability to work in the future, you may also be compensated for the loss of earning potential.

Pain and Suffering

Compensation for pain and suffering includes the physical pain and emotional distress you endure as a result of the accident. This also covers any long-term psychological impacts, such as anxiety, depression, or PTSD.

Property Damage

If your personal property, such as your vehicle, was damaged or destroyed in the accident, you could receive compensation to repair or replace it.

Punitive Damages

In cases where the defendant’s behavior is found to be particularly reckless or egregious, punitive damages may be awarded as a way to punish the wrongdoer and deter similar future conduct.

Wrongful Death

Funeral and Burial Costs: If the rideshare accident results in a fatality, the family of the deceased can seek compensation for funeral and burial expenses.
Loss of Income and Support: Compensation may also include the loss of financial contributions that the deceased would have provided, as well as compensation for loss of companionship and support.

Rehabilitation Costs

Physical and Occupational Therapy: If injuries require rehabilitation, these costs can be included in the compensation.
Adaptive Devices and Home Modifications: If injuries result in a disability that requires adaptive devices or modifications to your home, these costs may also be covered.

Hurt in a Rideshare Accident? Let Us Help!

Don’t face the aftermath of a rideshare accident alone. Contact Sakkas, Cahn & Weiss, LLP for legal assistance. Our dedicated rideshare accident lawyers will ensure you get the full compensation you deserve. Schedule your free consultation today—start your journey to recovery with us by your side. Call now!

New York Rideshare Accident Lawyer FAQs

Navigating the aftermath of a rideshare accident can be complex. Here are some frequently asked questions to help you understand your rights and the legal options available if you’re involved in a rideshare accident in New York.

What should I do immediately after a rideshare accident?

Ensure Safety: Check for injuries and call 911 if medical attention is needed.
Report the Accident: Inform the police so there is an official report.
Document the Scene: Take photos of the accident site, the vehicles involved, and any visible injuries. Gather contact information from witnesses and other drivers.
Seek Medical Attention: Visit a doctor for a full evaluation, even if you feel fine. Some injuries are not immediately apparent.
Contact a Personal Injury Lawyer: Consult with a rideshare accident lawyer to discuss your case and understand your legal options.

How is a rideshare accident claim different from other auto accident claims?

Rideshare accident claims can be more complex due to the involvement of multiple insurance carriers and the unique legal status of rideshare drivers, who are generally considered independent contractors rather than employees. This affects how liability is determined and which insurance policies are applicable.

Who can be held liable in a rideshare accident?

Liability can fall on various parties, including:

The Rideshare Driver: If their negligence caused the accident.
The Rideshare Company: Under certain conditions, if the driver was logged into the app and engaged in a ride.
Other Drivers: If another motorist’s actions contributed to the accident.
Vehicle Manufacturers: If a vehicle defect played a role in the accident.
Government Entities: If poor road conditions or inadequate signage contributed to the crash.

What types of compensation can I receive from a rideshare accident claim?

You may be eligible for:

Medical Expenses: Covering current and future medical treatments.
Lost Wages: Compensation for wages lost during recovery.
Pain and Suffering: For physical pain and emotional trauma.
Property Damage: For repairs or replacement of your vehicle.
Punitive Damages: In cases of egregious negligence or misconduct.

How long do I have to file a rideshare accident claim in New York?

The statute of limitations for personal injury claims in New York is generally three years from the accident date. However, it’s crucial to consult a car accident lawyer as soon as possible to ensure evidence is preserved and your claim is filed on time.

Should I talk to the insurance company after a rideshare accident?

Be cautious when dealing with insurance adjusters. Speaking with a rideshare accident lawyer before giving any statements or accepting a settlement offer is advisable. Insurance companies often try to minimize payouts, and an experienced injury lawyer can negotiate to ensure you receive fair compensation.

If you have been involved in a rideshare accident, contact Sakkas, Cahn & Weiss, LLP today. Our experienced New York rideshare accident lawyers are ready to help you secure the compensation you deserve. Schedule your free consultation now and protect your rights with legal guidance.