Flatbush Uber and Lyft Accident Lawyer
Ridesharing services like Lyft and Uber have become nearly as common as yellow taxis in New York City. With so many Uber and Lyft drivers on the road, accidents involving these vehicles are becoming more common.
Uber and Lyft accidents might result from various causes, including traffic violations, distracted driving, and alcohol. After an accident, you can file an insurance claim through your own no-fault insurance policy. In New York, you are barred from filing a lawsuit for your car accident injuries unless you have a “serious injury” as defined by law. If you can sue, you can name the driver responsible for the crash and other drivers who contributed to the crash. Uber and Lyft are usually shielded from liability since drivers are independent contractors, not employees.
Our Flatbush Uber and Lyft accident lawyers can help you get the most compensation possible from the person or people responsible for your accident and injuries. For a free review of your case, call The Carrion Law Firm at (718) 841-0083.
How Flatbush Uber and Lyft Accidents Often Happen
Accidents involving Uber and Lyft vehicles tend to occur under the same or similar circumstances as most other car accidents. The big difference is that Uber and Lyft drivers are responsible for passengers who might be injured in a crash. Our Flatbush Uber and Lyft accident attorneys can help you determine what caused your crash and what evidence we might need to prove your case.
Traffic violations are very common, and sometimes they do not lead to anything bad. However, many people end up in bad accidents because of traffic violations they or someone else committed. Running lights, ignoring signs, speeding, and failing to signal are all traffic violations that could cause an accident with an Uber or Lyft vehicle.
Distracted driving is a big problem for all drivers, including those driving for Uber and Lyft. In fact, Uber and Lyft drivers rely on their cell phones to do their job, as ridesharing services use apps to work. Perhaps the Uber or Lyft driver in your case was focused on their phone when they caused the accident.
When people get behind the wheel, they must be fit to drive. Unfortunately, many people drink alcohol before getting in the car, and their intoxication leads to severe injuries. Many Uber and Lyft drivers work late at night and often pick up people from bars, clubs, or other places where alcohol is served. It is not unusual for some drivers to drink while driving, which is highly illegal and might cause a very bad crash.
Possible Legal Action for a Flatbush Uber or Lyft Accident
Uber and Lyft accidents can leave victims with severe injuries, expensive damages, and no way to pay for everything. As such, many injured victims need to take legal action against the people who caused the crash so they can cover their damages. Our Flatbush Uber and Lyft accident attorneys can help you get started so that you can get back on your feet.
New York is a no-fault insurance state where drivers file claims with their own personal injury protection (PIP) coverage. The upside to this system is that you do not have to prove that the other driver is at fault for the accident in order to get coverage. However, coverage is often limited only to certain economic damages, including medical bills.
Your coverage is limited to the terms of your insurance policy. Injured accident victims are often so badly hurt that their medical bills quickly exceed their insurance limits. On top of that, non-economic damages are often not covered. If your damages exceed your insurance limits, our Flatbush Uber and Lyft accident lawyers can help you figure out what steps you can take to get more compensation.
A lawsuit is often the next step for people whose insurance coverage is insufficient for their damages. Unfortunately, New York imposes strict laws about when you can sue after a car accident. According to I.S.C. § 5104(a), you can only file a lawsuit if you suffered a “serious injury.” Serious injuries are defined under I.S.C. Law § 5102(d) and includes the following:
- Significant disfigurement
- Broken bones
- Permanent limitation or loss of a bodily organ, function, or system
- Loss of a fetus
- Any medically determined, non-permanent injury that prevents you from performing substantially all normal daily tasks for at least 90 out of 180 days
To be able to file a lawsuit for your Uber or Lyft crash, you must have suffered an injury that fits into one of the above-mentioned categories. Lawsuits are often preferred as they allow plaintiffs to claim greater damages than are normally available through insurance claims alone.
Whom You Can Sue for a Flatbush Uber or Lyft Accident
Determining whom you should file your lawsuit against is crucial, and naming the wrong defendant or failing to include necessary defenses will jeopardize your chances of getting compensation. In most cases, the driver of the Uber or Lyft vehicle can be named as a defendant. You can sue the driver if you were in another car and the Uber or Lyft vehicle struck you or if you were a passenger in the Uber or Lyft when the accident happened.
It is also possible that another driver on the road caused the accident or at least contributed to it. In that case, you can sue the other driver instead of or in addition to the Lyft or Uber driver. In particularly complex cases, multiple drivers might be named as defendants, and our Flatbush Uber and Lyft accident attorneys can help you prove who was negligent.
In most cases, plaintiffs cannot sue the companies Uber and Lyft. Laws that normally hold employers responsible for employees’ negligence usually do not apply because Uber and Lyft drivers are technically not Uber and Lyft employees. Instead, drivers are classified as independent contractors who drive and pick up passengers on their own time by their own schedules.
Call Our Flatbush Uber and Lyft Accident Lawyers for Help
If you were injured in an accident involving a ridesharing service, our Flatbush Uber and Lyft accident lawyers can help you get compensation. For a free case review, call The Carrion Law Firm at (718) 841-0083.