Hempstead Uber & Lyft Accident Lawyer
Riding in an Uber or Lyft might be something you do on weekends after a night out or something you do daily as part of your commute or errands. Either way, you expect your driver to be skilled enough behind the wheel to keep you safe. When these drivers cause crashes, whether you are a passenger or another driver, biker, or pedestrian on the road, you deserve compensation for your injuries.
Our Hempstead Uber & Lyft accident lawyers can help you file insurance claims against Uber and Lyft since lawsuits are usually barred against these companies. We can also help file claims directly against the at-fault drivers, whether that be the Uber/Lyft driver or another driver.
For help with your accident case, call our Hempstead Uber and Lyft accident attorneys today. At The Carrion Law Firm, we offer free case reviews. Call us at (718) 841-0083.
Filing Claims for Damages After an Uber or Lyft Accident in Hempstead, NY
Generally, when you are injured in something like a bus accident or taxi accident that is their driver’s fault, you can often file a lawsuit against the bus company or taxi company for your injuries. This is allowed because the driver was working for the company within the scope of their duties when they caused the accident. With Uber and Lyft, these lawsuits are not typically allowed, but you can still file an insurance claim against these companies or a lawsuit directly against the driver.
Uber and Lyft generally hire drivers as independent contractors, which means that they are not employees. So when these drivers are responsible for car accidents, Uber and Lyft are insulated from lawsuits, and our Hempstead Uber and Lyft accident lawyers cannot usually file a lawsuit against these companies. There are some narrow exceptions, such as when the company was negligent in hiring the driver in question. However, their insurance policies might still cover your crash regardless of this restriction.
Both companies have insurance policies that cover accidents in two situations:
- One is a supplemental policy that covers the crash if the driver’s insurance is too low and the accident happened while they were on duty but had no passengers or rides selected.
- The other is a $1 million insurance policy that covers in any accident where they had a rider in their car or were on the way to a pickup.
Both of these policies often apply whether the accident was caused by the Uber/Lyft driver or another driver.
In addition, you can often file a lawsuit against the driver directly, and their own insurance policies plus these Uber/Lyft policies will pay damages. However, NY’s no-fault laws might require you to file with your own insurance first if you were in another car unless your injuries are sufficiently “severe” to allow a third-party claim or lawsuit directly.
Proving Fault in a Lawsuit Against an Uber or Lyft Driver in Hempstead, NY
To hold an Uber or Lyft driver accountable for a crash, you need proof that the accident was actually their fault. If you were riding as a passenger in an Uber or Lyft, it is possible that both you and your driver were victims of some other driver’s negligence, in which case you would both be entitled to sue that driver (after no-fault restrictions have been met). If you are filing a claim against the Uber or Lyft driver, you will typically look for evidence of the following:
- Tired driving
- Distracted driving
- Reckless driving
- Failure to yield
- Failure to follow traffic signals and signs
- Sudden stops or turns/lack of signals
All in all, any traffic violation will usually supply proof that they were at fault for the crash. Additionally, distractions inside the vehicle (such as texting or overuse of their Uber or Lyft driver app) can also supply proof of fault. Uber and Lyft drivers often work long hours, which also makes them vulnerable to tired driving or allows them to become too lax with traffic laws, putting others at risk.
If you file a lawsuit or insurance claim, any proof of these issues will often be vital evidence in your case. Usually, this evidence comes in the form of your own testimony about what you saw happen. However, many rideshare drivers have cameras set up in their vehicles, and we can subpoena that footage to use against them as evidence of their fault in causing the crash. Other security cameras, dash cams, or cell phone footage could also help.
You should also take pictures of the accident scene, speak with other drivers and witnesses, and gather contact info for any parties or witnesses to the crash. Also call 911 to ensure a police report gets made for your accident and seek immediate medical treatment if you are injured. Speak with our Hempstead Uber and Lyft accident lawyers about what evidence and records to collect.
When Another Driver Might Be at Fault
It can sometimes be difficult to tell, as a passenger, if your driver or another driver was at fault for a crash. You might not be watching the road, and you might not have seen all of the details as to what happened. Ultimately, our Hempstead Uber and Lyft drivers can file a car accident injury lawsuit against both/all drivers involved in the crash. Then, based on the evidence we present, the judge and jury can assign partial blame to each driver.
In cases where you are the driver of another car suing an Uber or Lyft driver for your crash, the court might hold you partially at fault for the crash. The same is true if you are a passenger and did not wear a seat belt – the court could assign a portion of the blame for injuries to you. In any case, New York law allows you to still claim the rest of the damages from the at-fault parties, with each party paying their fair share of damages.
For a Free Case Review, Call Our Hempstead Uber and Lyft Accident Attorneys
If you were hurt in an Uber or Lyft accident, call our Hempstead Uber and Lyft accident lawyers for a free case evaluation. Call The Carrion Law Firm today at (718) 841-0083.