In the face of a devastating accident involving an Uber or Lyft, victims may respond by filing claims against negligent drivers to get the compensation they deserve.
Filing lawsuits for Uber or Lyft accidents is not a simple process, and victims must first show their injuries meet New York’s definition of serious injury. This is done via certified medical records, underscoring the importance of getting emergency medical treatment following car crashes. We must also identify who is liable for your injuries, be it the rideshare driver or someone else, like another driver sharing the road. This is possible via accident reconstruction, which relies on evidence from the scene. To preserve evidence, you can photograph it using your phone. We can prepare your lawsuit with the statute of limitations in mind and ensure we file no later than three years from the accident.
For a free and confidential case assessment, call The Carrion Law Firm’s Uber and Lyft accident lawyers at (718) 841-0083.
Filing Lawsuits for Uber and Lyft Accidents in Crown Heights
Before victims may file lawsuits for Uber or Lyft accidents, they must demonstrate that they suffered serious injuries. In addition to aiding on that front, our attorneys can identify who is financially liable for your injuries, preserve relevant evidence, and file your lawsuit on time so you do not miss the window of opportunity to recover compensatory damages.
Proving Serious Injury
New York has a threshold for filing lawsuits for auto accidents. As a no-fault state, it only allows victims to file claims for serious injuries, as defined under I.S.C. Law § 5102(d). Victims need certified medical records to prove this, which is why focusing on your treatment is the most significant thing you can do following an accident with an Uber or Lyft driver.
Various medical records can prove serious injury, including lab results, diagnostic imaging results, X-rays, and surgical reports. Physicians’ notes can provide a timeline of your injuries and document any potential progress you make in your physical recovery.
Injuries that enable victims to sue negligent or reckless rideshare drivers include any that lead to death, dismemberment, significant disfigurement, loss of a fetus, or a fracture.
Injuries that cause the permanent loss of use of a body organ, member, function, or system, the permanent consequential limitation of use of a body organ or member, or the significant limitation of use of a body function or system also qualify victims to sue. These often include internal injuries, for which victims should seek immediate medical attention.
There is also the 90/180-day rule in New York. If you sustained a non-permanent injury, our lawyers can review your medical records and speak with medical experts and physicians to determine if your injuries substantially affected your life for at least 90 of the first 180 days after the accident. If so, you would pass the serious injury threshold and could file a lawsuit.
Your personal injury protection insurance still covers you as a passenger, meaning our lawyers must prove your injuries meet the threshold even if you were injured while riding in a Lyft or Uber.
Identifying the Liable Party
Rideshare companies rarely hire regular employees as drivers, as doing so would make them vicariously liable for drivers’ negligence. Instead, they tend to hire drivers as independent contractors. This protects Uber and Lyft from litigation when car accidents happen in Crown Heights. That said, rideshare companies do maintain third-party liability insurance in the event of accidents, which can provide some compensation for victims.
Because neither Lyft nor Uber may be liable for accident injuries, victims can bring claims against negligent drivers, whoever they may be. When investigating the accident, we will consider the potential liability of all involved drivers. Though the rideshare driver may have been negligent, so might another passenger car driver sharing the road. Exploring these possibilities is important, as it will allow our attorneys to identify the liable party and name them in your compensation claim.
Gathering Evidence
Preserving evidence is paramount after any motor vehicle accident, as it might be at risk of getting cleared away by emergency response personnel in the following hours. Victims can use their phones to take pictures of damage to all involved cars, including their own if they were struck by a negligent Lyft or Uber driver. If you notice any debris or tire marks on the road, photograph that as well.
Calling 911 will alert law enforcement to the scene. Police officers can obtain everyone’s information and note potentially contributing or primary causes of the accident. When officers finish this incident report, we can help you obtain and review it for any pertinent information or inaccuracies.
In the days and weeks after the crash, our Uber and Lyft accident lawyers can interview eyewitnesses, obtain surveillance footage, and determine whether accident reconstruction is necessary in your case. During accident reconstruction, an expert will assess evidence from the scene, witness statements, crash reports, pictures, and other information to pinpoint the accident’s cause. These experts can testify to a jury about their findings if claims go to court.
Filing on Time
To recover any damages, victims must bring their claims on time. C.V.P. Law § 214(5) sets the filing deadline for auto accidents at three years. Any attempts to file past the deadline may be futile, as the court may dismiss your claim, leaving you with no viable path to recovery.
So, while three years seems like ample time, be proactive and initiate your case immediately. The sooner you do this, the more evidence our attorneys may be able to preserve and the more time we may have to anticipate the opposing side’s defense and address any potential issues with your claim before filing it.
Call Our Lawyers in Crown Heights About Your Rideshare Accident
For a free review of your case from The Carrion Law Firm, call our Uber and Lyft accident lawyers at (718) 841-0083.