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In the event of a ridesharing accident involving companies like Uber or Lyft in New York, filing a lawsuit to pursue damages is indeed possible, and in this article, we'll explore some of the most common questions people have about ridesharing accidents in NYS.
First off, Rideshare drivers are typically classified as independent contractors, which means they may not be personally liable for accidents that occur while they are on the job. However, victims can often seek compensation from the ridesharing companies themselves, as they carry insurance that covers accidents involving their drivers. Generally speaking, the question of "who covers what, and when" can get rather complicated, and the answer can change depending on the nature and severity of the accident.
As with any auto accident, It's essential for victims to gather evidence, including police reports and witness statements. And if you've been involved with a ridesharing accident and need direct answers, you can always call our team at Langella & Langella in Hauppauge. We'd be happy to talk it over with you.
In New York, ridesharing accidents are primarily governed by the Transportation Network Company (TNC) law, which regulates services like Uber and Lyft. This law mandates that TNCs maintain a minimum liability insurance of $1 million for bodily injury and property damage while drivers are transporting passengers. This coverage also extends to periods when the driver is waiting for a ride request. The coverage is very different depending on where your accident takes place in New York and that is why it is critical to speak with an experienced personal injury attorney.
Additionally, if the driver has the app on but has not yet accepted a ride, the TNC must still provide liability insurance of at least $100,000 per person and $300,000 per accident. Again, this varies depending on where in NYS your accident occurs.
Victims of ridesharing accidents have the right to pursue compensation for injuries, including medical expenses, lost wages, and pain and suffering. New York is a no-fault insurance state, meaning that injured parties typically must first seek compensation from their own insurance, but in cases of severe injuries, they may step outside this system and pursue a lawsuit against the rideshare driver or company.
The most common defendant is the rideshare driver, as they are directly involved in the accident. In many cases, their actions—such as negligence or reckless driving—can be grounds for a lawsuit.
However, sometimes rideshare companies like Uber or Lyft can also be sued. Under New York law, these companies may be held vicariously liable for their drivers' actions if the driver was logged into the app at the time of the accident, particularly if they were picking up or dropping off a passenger.
Additionally, other drivers or third parties involved in the accident may be named as defendants, especially if their negligence contributed to the incident.
In New York, it is generally possible to sue Uber or Lyft directly after a ridesharing accident, but the likelihood of success may be limited. Ridesharing companies classify their drivers as independent contractors, which complicates direct liability. Typically, lawsuits target the driver and their auto insurance, as these individuals are primarily responsible for any negligence.
If the rideshare company neglected to maintain proper safety protocols or conducted inadequate background checks, that could provide a basis for a lawsuit against them.
While suing Uber or Lyft could be an option, it may not always be the best legal strategy. Pursuing compensation through the driver's insurance may be more straightforward and could yield faster results.
Rideshare drivers are required to carry their own personal auto insurance, which typically covers them when they are not actively engaged in ridesharing. When a driver is in "driver mode" (waiting for a passenger), Uber and Lyft provide additional liability coverage.
If an accident occurs while the driver is on duty (whether picking up or dropping off a passenger), the rideshare company’s insurance policy generally offers coverage. The coverage varies based on where the car accident takes place in New York State.
However, if the driver is at fault and the coverage limits are exceeded, the driver’s personal insurance may also come into play.
After a ridesharing accident in New York, injured individuals may be entitled to various types of legal damages. These damages typically fall into three main categories: economic, non-economic, and punitive.
1. **Economic Damages:** These cover measurable financial losses, including medical expenses for treatment, rehabilitation costs, and lost wages due to time off work. If the injuries result in long-term disability, future lost earnings may also be factored into the compensation.
2. **Non-economic Damages:** Unlike economic damages, non-economic damages address intangible losses. This can include pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life resulting from the accident.
3. **Punitive Damages:** Although less common, punitive damages may be awarded in cases of gross negligence or willful misconduct by the rideshare driver. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
Have some additional questions about ridesharing accidents, and wondering if you need legal representation? Then give us a call at Langella & Langella in Hauppauge. A free consultation is always just a phone call away.
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