Uber & Lyft Accident Lawyer Brooklyn

Fighting For Those Who Have Been Injured in Rideshare Accidents in New York

Ridesharing has become a popular way to commute and avoid driving while under the influence of alcohol. However, what happens when a rideshare driver is involved in a collision? Who is held responsible if you were to sustain an injury? While this is still a relatively new type of car accident claim, our Brooklyn rideshare accident attorney at Belushin Law Firm, P.C., has the knowledge and experience to help you navigate through the complexities of the state legal system.

Our team offers award-winning representation to individuals who have been injured due to another person or entity's negligence. When you come to our firm, you can trust that our Uber accident lawyers are well-equipped to handle the legal aspects of your case, allowing you to focus on what is important - taking care of yourself and your family.

Call Belushin Law Firm, P.C. today at (888) 918-9890 or contact us online to schedule a consultation with our Brooklyn Uber & Lyft accident attorneys.

Who Is Held Responsible in a Rideshare Accident?

As long as you have a driver’s license, personal auto insurance, a working vehicle, and meet other requirements, potentially anyone can become an Uber or Lyft driver. Many of these people lack the proper training and experience to transport clients. They also rely on navigation devices or their cell phones to get where they need to go, which can be a distraction.

Uber or Lyft accident claims are different compared to a normal car accident claim. For example, Uber considers their drivers as independent contractors as opposed to employees, which gives them the opportunity to deny injury claims, specifically when the driver switches his Uber app “off.” However, when the app is on, and the driver is available, Uber’s contingent liability coverage and the driver’s personal insurance may be accessed. Lyft possesses similar insurance policies, depending if the driver is actively working or not.

A unique factor in rideshare accident claims is the layered insurance coverage that may be available to victims. When a rideshare driver is logged into the app but has not yet accepted a ride, limited liability coverage applies. However, once a passenger is accepted and during the trip, both Uber and Lyft provide up to one million dollars in liability coverage. Understanding these nuances is critical in properly evaluating and pursuing a claim.

Common Injuries in Rideshare Accidents

Rideshare accidents can lead to a range of injuries, some of which may have long-term impacts on your health and quality of life. 

Common injuries include:

• Whiplash and Neck Injuries: Sudden jolts from a collision often cause whiplash, resulting in neck pain, stiffness, and reduced range of motion.
• Head and Brain Injuries: Concussions and traumatic brain injuries (TBI) can happen, even in minor accidents, potentially leading to cognitive impairment, memory loss, and other serious issues.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, requiring extensive medical treatment and rehabilitation.
• Broken Bones: Fractures are common in car accidents, including broken ribs, arms, legs, and facial bones, which may necessitate surgeries and prolonged recovery periods.
• Internal Injuries: The force of a crash can cause internal bleeding and damage to organs, which might not be instantly noticeable but can be life-threatening.
• Cuts and Lacerations: Broken glass, metal, and other debris can cause deep cuts and lacerations, sometimes leading to permanent scarring or disfigurement.
• Emotional and Psychological Trauma: Beyond physical injuries, accident victims often experience emotional distress, including anxiety, depression, and PTSD, which can be just as debilitating as physical injuries.

In addition to these, injuries such as soft tissue damage and orthopedic injuries are also common. These may require ongoing medical care, including physical or occupational therapy, to aid recovery and improve quality of life. It's critical to seek medical attention immediately after an accident to document injuries and begin proper treatment, as some conditions may manifest long after the initial shock and trauma.

What Damages Could Be Recovered in an Uber & Lyft Accident Claim?

Victims of Uber and Lyft accidents could be entitled to various types of compensation, depending on the specifics of the case. 

Potential damages include:

• Medical Expenses: This encompasses all costs related to medical care following the accident, including hospital stays, surgeries, medication, physical therapy, and future medical needs related to the injury.
• Lost Wages: If the accident has caused you to miss work, you could recover compensation for lost earnings. This also includes loss of earning capacity if the injuries impact your capability to work in the future.
• Pain and Suffering: Victims can be compensated for their physical pain and emotional suffering from the accident. This is often determined by the severity of the injuries and the long-term effect on your life.
• Property Damage: If personal property, like a vehicle, was damaged in the accident, you could recover the costs for repair or replacement.
• Rehabilitation and Therapy Costs: Many injuries often require ongoing treatment, including physical therapy, counseling, and other forms of rehabilitation, all of which can be claimed as damages.
• Punitive Damages: In instances where the rideshare driver's behavior was particularly reckless or egregious, punitive damages could be granted to punish the wrongdoer and prevent similar behavior in the future.

In addition, compensation for future expenses should consider the impact of the injuries on your long-term mental and physical health. This might involve adaptive equipment, ongoing mental health support, or modifications to your living space to accommodate disabilities. Evaluating the scope of damages is vital for ensuring you receive a settlement that genuinely covers all present and future needs associated with the accident.

Contact Our Brooklyn Uber & Lyft Accident Lawyer Today

Our Brooklyn rideshare accident attorney offers relentless and personalized legal solutions for all of our clients. With over a decade of experience, we have recovered millions of dollars on behalf of our clients. Do not hesitate to receive the legal assistance necessary to fully recover from your injuries.

We understand that facing the aftermath of an accident can be overwhelming. That’s why we prioritize listening to your story and building a strong attorney-client relationship. Our team is ready to provide guidance and support throughout the legal process, ensuring you feel confident and informed every step of the way. Whether through negotiations or in court, we are committed to achieving the best possible outcome for your unique circumstances.

Understanding Brooklyn Traffic Trends & Safety

Brooklyn's bustling streets, with their mix of residential areas and major thoroughfares, present unique challenges for rideshare drivers and passengers alike. The borough is known for its heavy traffic, particularly during rush hours when congestion peaks on key routes such as the Brooklyn-Queens Expressway (BQE) and Flatbush Avenue. This congestion often increases the likelihood of accidents, as drivers may take risks in an attempt to meet tight schedules or respond quickly to ride requests. Understanding these local traffic patterns can help rideshare accident victims make sense of how their collisions may have occurred, potentially impacting fault determination.

Moreover, Brooklyn's diverse neighborhoods each have their distinct traffic personalities. For instance, areas like Downtown Brooklyn and Williamsburg are notorious for pedestrian and cyclist traffic, which can complicate driving conditions for rideshare operators. In these vibrant, high-density neighborhoods, the risk of accidents involves not just vehicle-to-vehicle incidents but also those involving pedestrians and bicyclists. Awareness of these local dynamics is crucial for all parties involved in rideshare accidents, providing context that could affect legal considerations and strategies in pursuing compensation.

Key Steps After a Rideshare Accident in Brooklyn

What Should I Do Immediately After a Rideshare Accident?

Immediately following a rideshare accident, it is crucial to ensure your safety and the safety of others involved. First, check for injuries and call 911 if anyone is hurt. If it is safe to do so, move vehicles out of traffic to prevent further accidents. Document the scene by taking photos of vehicle positions, damages, and any relevant road signs or signals. Exchange contact and insurance information with the rideshare driver and any other parties involved. Additionally, gather witness contact details if there are any bystanders willing to provide statements.

Notifying the rideshare company is also an important step. Both Uber and Lyft have in-app functions for reporting accidents, and doing so promptly can initiate their internal claims process. Make sure to also report the incident to your insurance company, as this documentation may be vital in future claims. Seeking immediate medical attention—even if you feel fine—can detect injuries that might not be apparent right away and ensures there is official documentation of your condition following the accident, which is important for any ensuing legal proceedings.

How Does Fault Determination Work in Rideshare Accidents?

Determining fault in rideshare accidents can be complex due to the involvement of multiple parties, including the rideshare driver, other drivers, or even the rideshare company itself. In Brooklyn, fault usually hinges on whether any traffic laws were violated or who acted negligently in the moments leading up to the accident. For instance, if a rideshare driver was speeding, distracted by their phone, or failed to yield, they might be held accountable.

The State of New York follows a comparative negligence system, meaning any damages awarded can be adjusted based on each party's level of fault. This makes it critical to gather substantial evidence and witness statements to construct a strong case that accurately represents your involvement. Skilled legal representation from Belushin Law Firm, P.C. could navigate these complexities, utilizing detailed accident reconstruction and a deep understanding of local laws to advocate effectively on behalf of the injured parties.

What Role Does Uber or Lyft's Insurance Play in My Claim?

Insurance coverage with rideshare companies is multifaceted, aiming to protect both drivers and passengers under various circumstances. Uber and Lyft provide a tiered coverage structure that kicks in based on the driver's status in the app when an accident happens. When an Uber or Lyft driver is not logged into the app, their personal insurance is solely responsible. If the driver is logged in and waiting for a ride request, limited liability coverage from the company applies, often covering up to $50,000 per person for bodily injury.

Once the driver accepts a ride or is transporting a passenger, Uber and Lyft's comprehensive coverage of up to $1 million takes effect. This substantial coverage offers peace of mind but accessing these funds can be challenging without an expert to navigate the claims process. The circumstances surrounding your accident and your own insurance agreements will also influence your claim. Legal advisors from Belushin Law Firm, P.C. can help ensure you're making the most of the available coverage, keeping your best interests at the forefront throughout negotiations or litigation.

Recommended Reading

• Determining Liability in NYC Uber and Lyft Accidents