New York City is the taxi capital of the world. However, these days, most people are opting to use rideshare services like Uber instead of the yellow taxi cab. Uber, Lyft, and other similar services are very convenient for people because they allow them to get where they are going without the hassle of driving, planning where to park, or planning a route. Moreover, it lets people avoid drunk driving after a night out on the town. Unfortunately, just like with all other drivers and cars, vehicles driven by rideshare drivers will get into accidents sooner or later, and people can get seriously injured as a result.
Fortunately, our lawyers are here to help. A rideshare accident is a scary and frustrating experience, but our lawyers are in your corner. We can analyze your case, examine the key issues of Uber accidents, and fight hard for you all the way through the legal process so that you get the financial compensation you deserve.
For a free case review, call our Staten Island Uber and Lyft accident attorneys from the Carrion Law Firm at (718) 841-0083.
Do Uber Drivers Actually Work for Uber?
One may be forgiven for coming to the conclusion that rideshare drivers with an Uber, Lyft, or other company sticker on their car are employed by that company. However, the reality is that it is often not the case that rideshare companies employ their drivers directly. Most are independent contractors.
This information is very important to the success of your Uber accident lawsuit. In court, you can only get damages from parties that are liable for your injuries. In many cases, you are able to sue someone’s employer if they hurt you while on the job and doing something work-related. However, since Uber drivers are decidedly not employees, that avenue is often not an option.
Therefore, you likely should sue the driver individually in an Uber accident lawsuit, and our Uber and accident lawyers can help you with that process.
Rideshare Insurance Policies Explained
One of the most important aspects of any Uber or Lyft accident lawsuit is something called rideshare insurance. Rideshare insurance is a special kind of auto insurance that works alongside the regular auto insurance every driver is required to have. Ordinary automotive insurance policies do not cover people when they are working for companies like Uber or Lyft. Both Uber and Lyft have brief explanations of how they understand rideshare insurance to work on their websites. Essentially, rideshare insurance only kicks in when a driver is active in their rideshare app. This includes when they are on their way to pick someone up or when the passenger is in the vehicle with them.
Who Should You Sue in an Uber/Lyft Accident Lawsuit
One of the critical parts of any personal injury lawsuit is choosing the right party to sue. The legal system allows you to get damages from parties who actually wronged you. The flip side of this is that any party who is not responsible for your injuries is off-limits. Accordingly, it is very important that our lawyers go over your case so we can figure out who to sue and who to leave out of your lawsuit.
Uber/Lyft Drivers
The most obvious target for an Uber/Lyft accident lawsuit would be the driver. Drivers can be negligent – and therefore liable for your injuries – in many different ways. This can range from run-of-the-mill traffic violations like speeding or ignoring red lights to more serious offenses like drunk or fatigued driving, which may also have criminal penalties attached.
When suing an Uber or Lyft driver, it will be important to determine which of their insurance policies you are trying to recover damages under. If they were active in their rideshare app at the time of the accident, you should recover from their rideshare insurance. If the accident happened at any other time, you would recover from their ordinary auto insurance policy.
Other Drivers
Sometimes, it is not the rideshare driver’s fault that an accident took place. If another driver is responsible for your accident, you should, of course, sue them instead of the driver who was taking you to your destination. For example, if an Uber driver stops at a stop sign and another driver crashes into you, the correct move is to sue the other driver. However, you may very well want to include the rideshare driver in your lawsuit for their testimony as an eyewitness.
Vehicle Manufacturing Companies
In some cases, accidents are not caused by drivers but by problems with their vehicles. These problems are called “defects” in the legal world. Improperly installed brakes, faulty electrical wiring, or the use of substandard materials in the construction of the vehicle can all be considered manufacturing defects.
Uber and Lyft drivers do not have predetermined vehicles given to them by rideshare companies. The vehicles are personally owned by them. Therefore, Uber, Lyft, and similar companies do not have control over the maintenance and general condition of the vehicle. In cases where a defect led to your accident, it is a good idea to look into the manufacturing company of the vehicle as well as any entities that did repairs or maintenance on it.
Important Evidence in Uber/Lyft Accident Lawsuits
There are some critical pieces of evidence that can help your case in rideshare lawsuits. As a matter of fact, you may be able to collect this evidence right after your accident. This includes the names of any drivers involved, their license plate numbers, insurance information, and any rideshare insurance companies involved. While it is good if you can get this information right after your accident takes place, it is okay if circumstances make it so you cannot. Our lawyers can help you either way.
Talk to Our Staten Island Uber/Lyft Accident Attorneys Today
Call The Carrion Law Firm at (718) 841-0083 to have our Uber and Lyft accident attorneys go over your case.