Uber and Lyft have become integral to the New York City transportation scene. However, it can be incredibly difficult to determine who to hold accountable after being injured in an Uber or Lyft accident.
A Queens Uber and Lyft accident lawyer can help you determine the responsible parties in your case. In many cases, your Uber or Lyft driver will be the likely party to recover compensation from. However, your injuries could be caused by another driver’s negligence or a combination of both drivers’ negligence. Unfortunately, there are only a few circumstances where Uber and Lyft can be held directly liable for the injuries their drivers caused.
If you or a loved one was injured in an Uber or Lyft accident, our Queens Uber and Lyft accident lawyers can help you hold the responsible parties accountable. For a free case evaluation, contact The Carrion Law Firm today at (718) 841-0083.
Common Causes of Uber and Lyft Accidents in Queens, NY
As Uber and Lyft services have increased around Queens, so have the accidents that their drivers cause. Uber and Lyft drivers are not professional drivers as they do not need any special training or licenses to operate in Queens. This means that accidents involving Uber and Lyft drivers are as routine as typical car accidents. The following are some of the most common causes of Uber and Lyft accidents in Queens:
- Distracted driving
- Speeding
- Using a smartphone while driving
- Picking up or dropping off passengers at unsafe locations
- DUI
- Fatigue
- Failure to yield the right of way
- Illegal lane changes
- Reckless driving
Queens is also home to two biggest airports in the city, John F. Kennedy (JFK) International Airport, and LaGuardia Airport. Uber and Lyft drivers pick up and drop off thousands of people at each location. However, most drivers are unfamiliar with these airports’ environments, and it is not uncommon to see Uber and Lyft drivers cutting across multiple lanes at the last second. Our Queens Uber and Lyft accident lawyers can help you regardless of how your Uber or Lyft accident was caused.
Liability for an Uber and Lyft Accident in Queens, NY
Uber and Lyft accidents are fairly common, but each one presents its own challenges. Uber and Lyft accidents can be complex, especially if they had a passenger at the time of the accident. The complexity increases when we consider Uber or Lyft’s responsibility for the injuries that their drivers cause. Which parties will be liable for your Uber or Lyft accident will depend on the facts of your case.
Uber or Lyft Driver
The first party you will typically look to for causing your injuries is the Uber or Lyft driver. As mentioned previously, there are many ways that an Uber or Lyft driver can cause an accident. Uber and Lyft drivers owe a duty of care to their passengers and can be held liable for negligently injuring a passenger or another driver.
Uber and Lyft
Holding Uber or Lyft liable for an accident is a much more challenging prospect. Uber and Lyft have fought hard to secure a different employment status for their drivers than more traditional employees. Suppose a typical employee acts negligently while on the job. Their employer can usually be held liable for the injuries they caused. However, Uber and Lyft drivers are considered independent contractors. This means that although the drivers are contracted with Uber or Lyft, they do not work directly for them. This allows Uber and Lyft to escape liability for the negligent conduct of their drivers and cannot be held liable.
In rare circumstances, Uber and Lyft could be held directly liable for an accident. Uber and Lyft are required to hire safe drivers after a thorough background check and remove any drivers that prove dangerous. Suppose an accident occurs because of Uber or Lyft’s negligent hiring practices or continuing to contract with a known unsafe driver. In that case, they could be held liable for the injuries that result.
Other Drivers
Of course, your Uber or Lyft accident could be caused by another negligent driver. For instance, many Uber and Lyft rear-end accidents are caused by distracted drivers who are unaware that an Uber or Lyft driver is stopping at an irregular spot. Other drivers can also be held liable for the injuries they sustained in the accident. In many cases, however, your Uber or Lyft driver and the other driver will share responsibility for causing the accident. Our Queens Uber and Lyft accident lawyers can review your case to determine which parties to hold accountable.
Recovering Compensation After a Queens, NY, Uber and Lyft Accident
Recovering compensation after an Uber or Lyft accident can be extremely confusing. Depending on the Uber or Lyft driver’s work status at the time of the accident, several insurance options could be available.
New York is a no-fault state for the purposes of filing insurance claims. This means that individuals injured in a car accident can file a claim for benefits with their own insurance provider, regardless of who was at fault for the accident. However, New York’s no-fault laws will prevent most victims from being able to file a lawsuit to recover damages, making knowledge of the insurance claims process crucial.
New York requires Uber and Lyft to each carry rideshare insurance to cover their passengers’ injuries. But it will depend on whether your rideshare driver was considered on duty when the accident occurred. If a rideshare driver is logged onto the app and transporting a passenger at the time of the accident, Uber and Lyft offer up to $1,000,000 in liability coverage for injuries. If the rideshare driver was logged onto the app but without a passenger, Uber and Lyft still offer up to $50,000 for bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in property damage.
If a rideshare driver is not logged onto the app, they are considered off-duty, and Uber and Lyft insurance will not apply. However, New York’s no-fault rules allow you to file with your own insurance provider for benefits following an accident. Suppose you were the Uber or Lyft passenger in the accident. In that case, you could also file a claim against the rideshare driver’s commercial insurance, in addition to the benefits you could claim from Uber or Lyft’s insurance. Our Queens Uber and Lyft accident lawyers can help you navigate the claims process to maximize the compensation you could receive.
Our Queens, NY, Uber and Lyft Accident Lawyers Can Help
If you were involved in an Uber or Lyft accident, our Queens Uber and Lyft accident lawyers can discuss if a potential lawsuit is the best option for your case. Call The Carrion Law Firm at (718) 841-0083 for a free case review.