How an Uber Accident Lawyer Can Help You?
If you’ve been in an Uber accident, you might be entitled to compensation for your injuries and damages. This is where an Uber accident lawyer becomes your essential partner. They will:
- Investigate the accident
- Establish causation
- Identify responsible parties
- Find available insurance coverage
- Collaborate with experts
- Determine the accurate value of your damages
- Handle the complex process of filing claims and negotiations
At Uptown Injury Law, PLLC, our Uber accident lawyers in New York specialize in advocating for accident victims. If you find yourself in an Uber accident in New York, our lawyers understand the intricacies of the legal process and are dedicated to ensuring you receive the compensation you deserve. Contact us at 917-540-8728 or start your free case evaluation today.
Why Should You Seek Legal Representation After an Uber Car Accident?
Seeking legal representation after an Uber car accident is crucial to navigating complex insurance claims, determining liability, and ensuring you receive fair compensation. Here are significant reasons why having an experienced Uber accident lawyer is essential for protecting your rights and maximizing your recovery:
1. Legal Expertise
Hiring an accident lawyer brings professional legal expertise to your case. They have a deep understanding of the intricacies of personal injury law and can adeptly guide you through the legal system, guaranteeing that you adhere to the correct procedures and meet critical deadlines.
2. Determining Liability
After an Uber car accident, determining liability can be difficult. An experienced lawyer can investigate the accident, analyze evidence, and establish who is at fault, whether it’s the Uber driver, another motorist, or a third party. This comprehensive investigation maximizes your chances of getting the full compensation you deserve.
3. Dealing with Insurance Companies
Insurance companies often prioritize their profits over your well-being. Consequently, they might attempt to provide a quick, low settlement to save money. This is where a skilled lawyer comes into play. They act as your negotiation advocate, pushing for a fair compensation package that considers your medical bills, lost wages, and pain and suffering. Additionally, they ensure your rights are protected and that your claim isn’t unjustly denied.
4. Calculating Fair Compensation
Determining the true value of your case requires a meticulous assessment of your injuries, medical bills, rehabilitation costs, lost wages, and any ongoing damages. A skilled personal injury attorney ensures that no expense is overlooked, allowing you to seek compensation that accurately reflects the financial and emotional impact of the accident.
5. Protecting Against Blame Shifting
In some cases, other parties involved in the auto accident may attempt to shift blame onto you. This could jeopardize your ability to secure fair compensation. However, your lawyer anticipates and counters these tactics, safeguarding your interests and ensuring you’re not unfairly held responsible for an accident that was not your fault.
6. Securing Your Financial Future
Seeking legal representation extends beyond immediate compensation. It’s about securing your financial future. When you work with an attorney, you can recover the costs of medical bills, rehabilitation, therapy, and any other financial strains resulting from the Uber accident. This financial stability empowers you to reconstruct your life and move forward confidently.
What Kind of Compensation Can You Get After an Uber Accident?
After an Uber accident, you may be eligible for compensation, including medical expenses, lost wages, property damage, and pain and suffering. Let’s have a detailed look at the types of compensation available:
- Medical Expenses: Coverage for doctor’s visits, hospital stays, medications, surgeries, and rehabilitation services related to your injuries.
- Lost Wages: Compensation for loss of income due to your injuries, encompassing both your current and potential future earnings if you’re unable to work.
- Property Damage: Compensation for damage to your personal belongings, such as your vehicle involved in the accident.
- Pain and Suffering: Reimbursement for the emotional and physical distress resulting from the accident and your injuries, including pain, anxiety, reduced quality of life, loss of consortium, and other related hardships.
Who is Responsible to Cover Your Damages After an Uber Accident?
If you’ve been hurt in a rideshare accident, knowing your options for seeking compensation is crucial. Accident victims can pursue an Uber accident claim against several parties:
The Negligent Rideshare Driver
The first avenue for seeking compensation is the rideshare driver who caused the accident. If the driver’s negligence led to your injuries, you can file a claim against them.
The Driver’s Insurance Company
In many cases, you can also file a claim with the driver’s insurance company. Rideshare drivers are required to carry a personal auto insurance policy. This policy typically includes coverage for bodily injury and property damage. The insurance should include:
- $100,000 for bodily injury liability per accident.
- $50,000 for bodily injury liability per person.
- $30,000 in property damage liability insurance.
The Rideshare Company (Uber)
You can also seek compensation by filing a personal injury claim against the rideshare company itself, such as Uber. It maintains an insurance policy for its drivers with coverage of up to $1,000,000 in some instances.
Moreover, remember that the specific parties you can sue may vary based on the circumstances of the accident and the period in which the accident occurred.
How to Prove Negligence After an Uber Accident?
Proving negligence after an Uber accident involves gathering evidence such as photos, witness statements, and medical records. Establishing the driver’s duty of care, breach of that duty, causation, and the damages incurred is essential.
Here’s a detailed guide on proving negligence to strengthen your claim after an Uber accident.
1. The At-Fault Party’s Legal Duty of Care
The first and key step in proving negligence is showing that the at-fault party, here, the Uber driver, had a legal duty to take care. This means they were responsible for operating their vehicle safely and following traffic laws, ensuring the well-being of passengers and other road users.
2. A Breach of Duty
Next, you must establish that the at-fault party breached their duty of care. This breach can take various forms, such as reckless driving, running red lights, or violating traffic regulations. It’s about showing that the driver did not uphold their obligation to ensure safety.
3. The Breach Caused the Accident
It’s essential to link the breach of duty to the accident itself. You need to demonstrate that the actions or negligence of the at-fault party directly led to the Uber accident. This often involves collecting evidence like witness statements and accident reports.
4. You Suffered Damages or Injuries
To make a successful claim, you must show that you suffered damages or injuries due to the accident. This includes medical bills, lost wages, pain and suffering, and other related expenses. Your damages provide the basis for seeking compensation.
When it comes to establishing liability, a thorough investigation is critical. This is where experienced personal injury lawyers specializing in Uber accidents come in. Moreover, they can help you in gathering critical evidence by reviewing police reports, conducting interviews with witnesses, and, in some cases, obtaining data from the Uber driver’s app.
What Are the Insurance Policy Limits in an Uber Accident?
In an Uber accident, the insurance policy limits vary depending on the specific circumstances. For example, Uber provides coverage for up to $1,000,000 during a ride. Understanding these policy limits is crucial for maximizing your compensation. Below are the specifics of Uber’s insurance policy limits and how they apply to different cases.
Period 0: If the accident happens when the Uber driver is not actively using the Uber app for rideshare purposes, you typically cannot rely on Uber’s insurance. Instead, you’d generally need to file a claim with the at-fault driver’s personal insurance policy.
Period 1: When the Uber driver is logged into the app but hasn’t picked up a passenger yet, you may need to file a claim with both the at-fault driver’s personal insurance and Uber’s insurance. Uber’s insurance in this period typically covers up to $50,000 in bodily injury per person, $100,000 coverage per accident, and $30,000 in property damage liability.
Periods 2 and 3: During these periods, when a passenger is in the rideshare car, Uber provides substantial liability coverage of up to $1 million. However, this coverage usually comes into play after you’ve filed a claim with the Uber driver’s personal insurance. Uber’s insurance can cover additional costs if the driver’s insurance limits are insufficient or the driver is uninsured.
What Causes Most Uber Accidents in New York City?
In New York City, most Uber accidents are often caused by distracted driving, traffic congestion, and driver fatigue. Let’s explore the primary causes of Uber accidents in New York City in more detail:
Distracted driving stands as a major factor contributing to Uber accidents. Drivers may become distracted by smartphones, GPS devices, or even conversations with passengers. This distraction can result in accidents, especially in the busy traffic of the city.
The fast-paced environment of New York City can encourage reckless driving behavior. Speeding, aggressive lane changes, and running red lights are common occurrences. Like all motorists, Uber drivers may engage in these risky behaviors, increasing the likelihood of accidents.
Poor Road Conditions
New York’s roads can be in disrepair due to constant use and harsh weather conditions. Potholes, uneven surfaces, and road debris can pose hazards for drivers, including Uber drivers, and lead to accidents.
Some Uber drivers may be relatively new to the city or the profession, lacking the experience to navigate New York City’s challenging traffic conditions.
Vehicle maintenance is crucial for safe rideshare operations. However, some Uber drivers may neglect maintenance, leading to potential vehicle defects that can contribute to accidents.
Passenger actions, such as unruly behavior or distracting the driver, can also be a factor in accidents involving Uber vehicles.
Pedestrian and Cyclist Interaction
New York City has a high volume of pedestrians and cyclists sharing the road with auto vehicles. Therefore, the interaction between rideshare drivers, pedestrians, and cyclists can result in accidents, often at intersections and crosswalks.
Can I Seek Damages After an Uber Accident in New York If I’m Partially at Fault?
Yes, you can seek damages in New York after an Uber accident, even if you are partially at fault. The state follows a comparative negligence system, allowing you to pursue compensation proportionate to the degree of fault. Here’s how this process works:
New York’s Comparative Fault Rules
New York’s legal framework follows comparative fault rules that are relatively lenient. This means you can still seek compensation even if you were found to be, for example, 99% at fault for the accident. As long as someone else involved in the accident bears even 1% of the liability, you have the right to hold them accountable for their portion of the responsibility.
However, it’s essential to understand that your damages award can be reduced proportionally to your assigned level of fault.
For example, if you were found to be 30% at fault, your settlement may be decreased by that percentage. This is a crucial aspect to consider when pursuing a claim, as your own actions may impact the final settlement.
Can You Sue Uber for an Accident?
Yes, you can sue Uber for accident injuries, but the process is complex due to the unique nature of Uber’s business model. The difficulty in suing Uber for accident injuries comes from the fact that Uber drivers are not technically employees. Here’s a detailed explanation:
- Uber’s Driver Classification: Uber classifies its drivers as independent contractors rather than employees. This classification is often a key point of contention in accident injury cases. Since Uber drivers are not employees, holding Uber directly liable for their actions on the road can be challenging.
- Vicarious Liability: In some cases, Uber can be held indirectly liable for accidents involving their drivers through a legal term known as “vicarious liability.” This means that while Uber may not be directly responsible for a driver’s actions, they could still be held responsible for the driver’s negligence if it occurred within the scope of their insurance coverage.
- Insurance Policies: Uber does provide up to $1 million in insurance coverage for its drivers, but the extent of coverage depends on the period of the ride (whether the driver is actively carrying passengers, en route to pick up a passenger, or driving for personal use). This can further complicate the process of determining liability.
- Legal Counsel: Given the complexities of suing Uber for accident injuries, consulting with a lawyer who understands the intricacies of rideshare accident cases is crucial. They can evaluate the details of your case and advise you on the best course of action to seek compensation.
Consult Our New York Uber Accident Lawyers For Help Today!
Handling the aftermath of an Uber accident alone can be overwhelming. The physical and emotional toll, mounting medical expenses, and lost income can leave you feeling helpless. That’s where we step in.
Our Uber accident attorneys at Uptown Injury Law, PLLC, have tirelessly advocated for personal injury accident victims throughout the Bronx, Manhattan, Queens, Brooklyn, and the New York City Metro Area for over 15 years. We’re here to ensure that you don’t have to face this difficult journey alone.
How Our Uber Accident Lawyers Can Help You?
- Consultation: Our experienced Uber accident attorneys at Uptown Injury Law, PLLC, are here to guide you through the process. We begin with a free consultation to understand the details of your case.
- Investigation: We’ll meticulously investigate your Uber accident, collecting evidence, speaking with witnesses, and consulting accident reconstructionists to build a solid case.
- Legal Expertise: With over 15 years of experience, our lawyers deeply understand New York’s personal injury laws and regulations, ensuring your case is in capable hands.
- Negotiation: Leave the tough negotiations to us. We will represent your best interests when dealing with insurance companies, the at-fault party, and all relevant parties to obtain a fair settlement for you.
- Trial Representation: Last but not least, if necessary, we are prepared to represent you in court and present your case to ensure you receive the compensation you deserve.
In order to schedule a free consultation, reach out to us online or call our office toll-free at 917-540-8728. Your recovery is our priority.
Should Uber Be Held Liable for the Actions of Its Driver?
Uber’s liability may depend on the specific period during the accident. During Periods 2 and 3, when a passenger is in the car, Uber typically provides substantial insurance coverage, with up to $1 million limits. However, during Period 1 and Period 0, the responsibility often falls on the driver’s personal insurance.
When Should You File an Uber Accident Lawsuit in New York?
The statute of limitations is three years, meaning you should file a lawsuit within this timeframe to secure your case. Moreover, consulting with an experienced Uber accident attorney can help you navigate the process effectively and safeguard your rights.
What to Do After an Uber Accident?
Firstly, seek medical attention. Secondly, report the accident to the police. Then, gather evidence and collect witness information. Finally, consult an experienced Uber car accident attorney to guide you through the legal process and help you seek compensation.
How Common are Uber Accidents in New York?
Disturbingly, New York City Uber drivers have been involved in more accidents than taxi drivers, contributing to 97 fatal crashes between 2017 and 2018, resulting in 107 deaths. Shockingly, 21% were riders, 21% were drivers, and the remaining 58% were third parties.
Who Can an Uber Passenger Sue After an Accident?
If you’re an Uber passenger involved in an accident, you can potentially sue the negligent rideshare driver, their insurance company, and even the rideshare company itself, such as Uber. So, the specific party you sue may depend on the circumstances of the accident and the period in which it occurred.
Should I Consult a Doctor After an Uber Accident if I Don’t Feel Any Pain?
Yes, it’s advisable to consult a doctor after an Uber accident, even if you don’t feel any pain. This is because some injuries may not manifest immediately, and a medical evaluation can uncover any hidden issues, protecting your health and potential legal claims.