Montclair, NJ Uber and Lyft Accident Lawyer
Uber and Lyft are very popular ridesharing apps, and using these apps is now nearly as common taking a yellow taxi or the bus. Unfortunately, even Uber and Lyft drivers are vulnerable to collisions, and riders might get hurt.
Traffic violations, alcohol, and distracted driving are common elements of many Uber and Lyft accidents. You might be able to sue for your damages after an Uber or Lyft accident, and the driver of the Uber or Lyft car or other drivers might be named as defendants. The companies Uber and Lyft are usually shielded from liability because drivers are technically not employees but independent contractors. In many accidents, plaintiffs can recover economic and non-economic damages. However, under New Jersey’s insurance laws, some plaintiffs cannot sue, depending on their insurance type.
If you were a passenger in a Lyft or Uber vehicle during an accident or were struck by such a vehicle, our Montclair, NJ Uber and Lyft accident lawyers can help you sue for damages and compensation. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.
How Lyft and Uber Accidents Might Happen in Montclair, NJ
As with any accident on the road, there might be numerous possible causes of an Uber or Lyft accident. It is important to discuss the details of your accident with our Montclair, NJ Uber and Lyft accident lawyers so we can determine how the crash occurred and who is responsible.
Traffic violations are very common reasons for car accidents, including accidents with Lyft or Uber vehicles. Speeding, failing to stop, or neglecting to signal a turn are common traffic violations that sometimes cause serious accidents. In many Uber and Lyft accident cases, several traffic violations come together to create a serious accident, and you might be able to sue the person responsible.
Drunk driving is not just an unfortunately common cause of accidents. It is also a serious criminal offense. If one of the drivers involved in your accident was intoxicated, they might be criminally charged, and your civil lawsuit might be delayed until criminal proceedings are completed. There is an upside to waiting, as we might be able to use a guilty plea or verdict against the defendant in your civil lawsuit.
Distracted driving is one of the leading causes of accidents nationwide. One of the biggest distractions behind the wheel today is the cell phone. Uber and Lyft drivers are especially susceptible to distractions because they use their cell phones to do their jobs. The ridesharing app works through the phone, and Uber and Lyft drivers use it to match with riders and get directions to their next destination.
Who You Can Sue for an Uber or Lyft Accident in Montclair, NJ
Car accidents often involve at least one other driver. In some cases, the plaintiff was a passenger in the Uber or Lyft car, and another driver struck that car on the road. In other cases, the plaintiff was another driver, and they were hit by the Uber or Lyft car. In either circumstance, one driver might be at fault, and our Montclair, NJ Uber and Lyft accident attorneys can help you sue them for your damages.
In many other accidents, several drivers bear responsibility, and you might sue two or more drivers for your injuries. For example, if you were a passenger in the Uber or Lyft vehicle that was hit by another car, both the driver in your car and the driver of the other vehicle might share the blame, and you might sue both.
In most cases, injured plaintiffs can sue drivers who caused the crash, but suing Uber or Lyft is usually not possible. Ordinarily, an employer may be held vicariously liable for an employee’s negligence under the legal doctrine of respondeat superior. Under this doctrine, if an employee commits an act of negligence within the scope of their job duties, their employer can also be held liable. Since Uber and Lyft drivers are usually independent contractors rather than actual employees, Uber and Lyft cannot be sued under this legal theory.
Damages You Might Claim in a Montclair, NJ Uber or Lyft Accident Case
Damages are the costs, injuries, and losses you endured because of the accident, and the goal of your lawsuit should be to get compensation from the liable parties to cover your damages. In most cases, plaintiffs claim economic damages related to money and non-economic damages related to subjective experiences. Our Montclair, NJ Uber and Lyft accident lawyers can help you assess damages.
Economic damages are related to explicit amounts of money. For example, the money you spend on medical bills, vehicle repairs, or replacing destroyed personal property can be added together and claimed as part of your economic damages. You can also claim the value of income you lose or miss out on because your injuries prevented you from returning to work.
Non-economic damages include severely negative experiences that might impact a person’s daily life or quality of living. Physical pain, emotional trauma, humiliation, and damage to your reputation are common examples of possible non-economic damages. How these damages are evaluated and compensated depends on how significantly they affect your life.
How Insurance Might Affect Montclair, NJ Uber and Lyft Accident Lawsuits
New Jersey is a no-fault state, meaning drivers can file insurance claims with their own insurance providers and be covered without needing to prove fault for the accident. New Jersey is unique in that drivers can choose to opt in or out of the no-fault system, and what kind of insurance you decide to carry determines whether you can file a lawsuit for a car accident.
In New Jersey, drivers can carry insurance with a limited or unlimited right to sue. If you choose to purchase insurance with an unlimited right to sue, you can sue for economic and non-economic damages. If you opt for insurance with a limited right to sue, you are barred from filing a lawsuit unless you can prove you have certain injuries.
If you have a limited right to sue, you must show that your injuries amount to one of the following:
- Dismemberment
- Death
- Significant scarring or disfigurement
- Displaced fractures
- Loss of a fetus
- Some other medically determined permanent injury other than scarring or disfigurement
Our Montclair, NJ Uber and Lyft accident lawyers can help you review your accident and insurance policy to determine if you can file a lawsuit. If you have a limited right to sue, we can help you prove your injuries are severe and should permit you to file the case.
Call Our Montclair, NJ Uber and Lyft Accident Attorneys
If you were in an accident involving a Lyft or Uber vehicle, your injuries might be severe. Our Montclair, NJ Uber and Lyft accident lawyers can help you assess your case and determine if you can file a lawsuit. For a free case assessment, call The Carrion Law Firm at (718) 841-0083.