Can I Sue Uber or Lyft for Injury in New York City?
In big cities like New York City, taxis and cabs are not just popular modes of transportation; they have become enmeshed within the city’s culture. Cabs and taxis are everywhere, and the image of a yellow taxi has become synonymous with the City of New York. As important as cabs and ridesharing services are, they are not immune from legal action after an accident. Uber and Lyft are private ridesharing companies that have flourished and expanded throughout the city. If you are in an accident with an Uber or Lyft driver, you could file a legal claim for compensation.
After a car accident, you could sue the driver of your vehicle in addition to filing a claim with Uber’s and Lyft’s insurance provider. However, how your lawsuit plays out and who you can sue may vary from case to case. Your case might vary depending on whether you were a passenger, another driver, or a pedestrian involved in an accident with an Uber or Lyft vehicle. Exactly whom you sue and how will depend on whether the driver was off the clock during the accident.
After an accident with a driver for Uber or Lyft, you have several legal options for your lawsuit. If possible, you should hold the ridesharing companies responsible for their drivers’ actions. Our New York City Uber and Lyft accident lawyers can help you file your claim and prepare your case. Call The Carrion Law Firm at (718) 841-0083 to schedule a free legal consultation. Our legal team is here to help you in any way they can.
Filing a Lawsuit Against Uber or Lyft for Injuries from a Car Accident in New York City
Car accidents are dangerous, frightening, and expensive. At best, car accident victims have to pay expensive repair bills while recovering from aches and pains from the accident. At worst, car accident victims could be debilitatingly injured or even killed, and their vehicles totaled. If you were the victim of a car accident, you could sue the people responsible for compensation for your expenses and suffering. Big companies like Lyft and Uber might seem untouchable, but they are not exempt from responsibility.
You can, of course, sue the driver of the Lyft or Uber vehicle. It is possible that you were in another vehicle and were struck by the Lyft or Uber driver. You might also have been a pedestrian when you were hit. Alternatively, you might have been a customer of the driver and been inside the Uber or Lyft vehicle when the accident happened.
Making your claim may be tricky. Uber and Lyft drivers work for a larger ridesharing company while using their personal vehicles to do their jobs. The line between the personal and professional behavior of the driver is blurred. There is also a big question regarding insurance. Lyft and Uber both require drivers to carry and pay for their own insurance, but the companies will supplement that insurance under specific circumstances.
Should I Sue My Driver or the Rideshare Company in New York City?
Just because you want to sue someone does not necessarily mean you can. After an accident with a cab driver, you can usually sue file a legal claim against the driver. If that driver was on duty at the time of the accident, the company they work for may also be held responsible for their drivers’ actions. Drivers for Uber and Lyft are generally not considered “employees,” making it difficult, if not impossible, to sue Uber and Lyft after an accident. However, you can usually sue the driver directly. Whether your driver was on duty at the time of the accident may also determine whether Uber or Lyft’s insurance should cover your injuries.
Uber and Lyft are unique because drivers use their own cars and cell phones and decide when and where they want to work. To stop working, a driver only needs to turn off the Uber or Lyft app on their phone. When this happens, Uber and Lyft are taken out of the equation and are unlikely to cover an accident. The driver is off duty once the app is turned off, and Uber or Lyft’s insurance will not cover an accident. For help with your case, call our Brooklyn Uber and Lyft accident lawyers.
How Do I Make a Claim Against Uber or Lyft after a Car Accident in New York City?
If you want to also sue Uber or Lyft for your injuries, you will likely end up suing their insurance rather than the companies themselves. You will need to prove the driver was on duty and their phone was on with the driving app open and active. If that is the case, then the rideshare company’s insurance should cover the accident.
Making an insurance claim requires proving that there was an accident and that you suffered damages. Most car accident cases are based on theories of “negligence.” At least in a legal sense, negligence encompasses four crucial elements: duty, breach, causation, and damages. You will have to prove that the defendant had a legal duty to drive safely, that they breached that duty, that the breach is the cause of the accident, and that you suffered real injuries. Our New York City Lyft and Uber accident attorneys can help you gather the necessary evidence and prepare your claims.
Call Our New York City Uber and Lyft Accident Attorneys
If you have been injured in a car accident involving a driver for Lyft or Uber, you can file a claim against the driver and possibly against the company’s insurance. Our New York City Uber and Lyft accident attorneys will help you every step of the way. Call The Carrion Law Firm at (718) 841-0083 to schedule a free legal consultation.