Pittsford, NY Uber & Lyft Accident Lawyer
Chances are, if you live in New York, you have used Uber, Lyft, or another rideshare service to get from one place to another. Rideshare services like Uber, Lyft, and other companies offer a safe way to travel to and from work, downtown and home, and to any other nearby destination you make wish to visit. Unfortunately, drivers for rideshare services are just as likely to get into car accidents as drivers of any other vehicle. If you got injured in a car accident as a passenger for a rideshare service, you could have serious injuries and hefty medical bills.
Fortunately, the law gives you an avenue to obtain the financial compensation you need for injuries sustained in a rideshare accident. You will need to prove in court that the driver is liable for your injuries. If you are successful, you can get financial compensation. Our lawyers can help with this process by putting together a strong argument to use in an Uber or Lyft accident lawsuit.
The Carrion Law Firm’s Uber & Lyft accident lawyers can be called at (718) 841-0083 for free case reviews.
Should You Sue for an Uber or Lyft Accident?
You might be wondering whether going through the lengthy process of filing a lawsuit is worth it. If your injuries are serious, the answer is usually that having our lawyers file a lawsuit on your behalf is the right choice. That should not discourage you from considering legal action if your injuries are not serious. Many people think that they need to be badly hurt to file a lawsuit against a company like Uber or Lyft, but that is not the case. As long as the defendant was negligent, you can recover damages.
One of the main reasons to file a lawsuit against Uber, Lyft, or the driver directly is that medical treatment for serious injuries can become incredibly expensive. New York is what is called an “at-fault” insurance state, which means that the party who caused the accident pays for the injured party’s damages. You might need to file a lawsuit to get Uber or Lyft’s insurance to compensate you for your injuries.
Should You Sue Uber or Lyft in an Uber & Lyft Accident Lawsuit?
Rideshare services use independent contractors as drivers. The law lets you sue employers for the wrongful acts of their employees. However, rideshare drivers, as contractors, are not employees. Thus, you cannot sue Uber or Lyft directly, except in the unlikely event that they directly employ the driver in your accident.
However, that does not mean that you should only focus your lawsuit on the drivers involved. There are some scenarios where you might be able to sue someone’s employer in an Uber or Lyft Accident Lawsuit. For example, if a pizza delivery vehicle hit you while you were in a rideshare vehicle, you could likely sue the pizza delivery vehicle driver’s employer for your injuries.
Rideshare Insurance in an Uber or Lyft Accident Lawsuit
You need to make a claim against the correct insurance company to have a successful claim in an Uber or Lyft accident lawsuit. In ordinary car accident lawsuits, this process can be straightforward. You simply obtain the other driver’s insurance information and file a claim accordingly. In an accident involving a rideshare service, this can be more complicated.
A driver’s ordinary insurance will not cover them when they are working for Uber or Lyft. Instead, something called rideshare insurance covers car accidents that happen when a driver either has a passenger on board or has a ride queued up. Both Uber and Lyft have policies that provide their own rideshare insurance. So there is a good chance you will be filing a claim both against the driver’s personal rideshare insurance as well as Uber or Lyft’s rideshare insurance.
Damages in a Rideshare Service Accident Lawsuit
If you are successful in your lawsuit, the court will award you compensation. This compensation is called “damages.” Damages are based on the particular circumstances of your lawsuit, so they will never be the same for any two plaintiffs. In personal injury lawsuits, damages are divided into economic, noneconomic, and punitive damages.
Economic damages are based on things with actual, discernable monetary value. For example, if you were sent to the hospital after an Uber or Lyft accident, had to get surgery, and then needed to go to physical therapy to recover from your injuries, the costs of those medical procedures and subsequent recovery will factor into economic damages. You could also recover economic damages based on missed time at work while recovering from your injuries. Similarly, if your injuries are so severe that you can no longer work, you can be compensated based on the income you would have earned for the rest of your career.
Non-economic damages are based on things that are more abstract than economic damages. Items such as pain and suffering, mental distress, and lost enjoyment of life can factor into non-economic damage. For example, if you were an avid baseball player but can no longer participate because of your injuries in an accident, the fact that you cannot do an activity you once enjoyed can factor into your damages. Since there is no price tag on “pain” or “enjoyment,” you will have to convince the judge and jury of their worth in court.
Punitive damages are a special kind of damages meant to punish especially bad defendants. Courts reserve these damages for only the most serious cases and rarely mete them out.
Talk to Our Pittsford, NY Uber or Lyft Accident Lawyers Today
To get a free initial case analysis, call the Uber or Lyft accident lawyers with The Carrion Law Firm at (718) 841-0083.