Uber and Lyft have become extremely popular across the United States for their convenience. Countless commuters, tourists, and other people use rideshare services like Uber and Lyft every day to get where they are going. Additionally, rideshare companies provide a safe method to get home after a night out where alcohol is involved. Sadly, Uber and Lyft drivers have a chance to get in a car accident just like any other motorist.
If you were in an accident with an Uber, Lyft, or other rideshare service driver around Smithtown, our lawyers are here to help. We can collect and analyze evidence, interview witnesses and other important parties, and fight for you in court to give you the best chance of getting the financial compensation you deserve.
The Carrion Law Firm has Uber and Lyft accident lawyers ready to discuss your case for free when you call (718) 841-0083.
What You Should Do After a Rideshare Accident in Smithtown, MD
There are critical steps you should take as soon as you can following an Uber or Lyft accident. Doing these things will not only keep you safe but will help our lawyers build a stronger case for you should you choose to file a lawsuit.
Get Medical Attention
You should make certain that you are seen by a medical professional after any car accident you are involved in – driver, passenger, or otherwise. You should get medical attention even if you do not think you are injured. Let any first responders at the scene of the accident examine you and follow all of their instructions. If they say that you are cleared to stay at the accident to collect information, you should do so. If they want to take you to a hospital for further treatment, that should be your course of action.
Even if you are cleared by emergency responders, you might still want to get a medical check-up in the days following your accident. Some injuries, Like Whiplash, can take time to reveal themselves. If you feel pain or discomfort in the days following an accident, go to a medical professional right away.
One key legal reason that it is important to get medical attention after an accident is that failure to do so could be used to hurt your case and diminish your recovery. New York is a “comparative fault” state. In law, comparative fault is the idea that a plaintiff’s damages can be reduced based on how much of their injuries were their fault. For example, a plaintiff found to be 2% negligent would only get 98% of the damages they would otherwise be awarded. Opposing counsel could use the fact that you did not seek medical attention as evidence of carelessness on your part, which could hurt your case.
Obtain Accident Information
Get as much information about the accident as you can right after it has happened. Take numerous photos and videos of the accident and the surrounding area. Speak with witnesses and any other passengers or drivers involved in the accident. Additionally, get the license plate number, name, and insurance information of any other drivers involved in the accident. Finally, most rideshare services like Uber or Lyft use an app to keep track of rides and drivers. Take multiple screenshots of all information pertaining to your ride in the relevant app.
You should also speak with any police officers on the scene about the accident. It is important that you give your version of the events and be truthful when doing so. Chances are, other parties will have spoken to the police, so if you do not do so, you are letting others control the narrative of events surrounding the accident.
Call Our Lawyers
Get in touch with an attorney as soon as you can after the accident. Not only will doing so allow our lawyers to start working on your case earlier, but you do not have unlimited time to take your case to court There is something called the statute of limitations that puts a time limit on how long you have to sue. For personal injury lawsuits, that statutory period is three years per C.V.P. Law § 214(5). The sooner you speak with an attorney, the sooner your case will likely be heard, and you will not run afoul of the statute of limitations.
Can I Sue The Rideshare Company Directly?
Uber, Lyft, and other rideshare services use drivers who are independent contractors. The law allows plaintiffs to go after employers when their employees do negligent acts on the job. That being said, drivers who work for rideshare companies are independent contractors, not employees. Therefore, Uber and Lyft the companies are considered too detached from the driver to be held liable under the law. However, you can and should pursue a claim against Uber or Lyft’s rideshare insurance.
Rideshare Insurance Explained
Uber and Lyft both require their drivers to have ordinary automotive insurance. However, that type of insurance does not cover drivers when Uber, Lyft, or another rideshare service has them picking up and dropping off passengers. A special kind of insurance known as rideshare insurance protects drivers when they are either delivering passengers or have a ride registered in their queue.
Uber and Lyft both have rideshare insurance they provide to their drivers. However, both companies also highly recommend that drivers have their own personal rideshare insurance as supplementary coverage. While both companies do “suggest” extra insurance, personal rideshare insurance is more of a requirement to be an Uber or Lyft driver than a suggestion.
Discuss Your Case With Our Rideshare Accident Lawyers Today
The Carrion Law Firm’s Uber & Lyft accident lawyers are ready to talk about your case at (718) 841-0083.