Uber & Lyft Rideshare Accident Lawyer of Rochester NY

Uber & Lyft Accident Attorneys

Ridesharing is more popular than ever. It is convenient and usually safe. But, any time you are on the road, you stand the risk of having an automobile accident. If you have been in an accident involving a ridesharing company such as Uber or Lyft, you may be entitled to monetary damages. Contact Kammholz Rossi PLLC if you have been injured in a rideshare accident. Our Rochester Uber and Lyft accident attorneys are ready to offer an evaluation of your potential case today.

14 Important Steps to Take After a Rideshare Accident

When an accident happens, it is often difficult to know what one should do next. Experts recommend these steps following an accident:

  1. Do not leave the scene. Leaving an accident is illegal and could result in trouble for you. 
  2. Move out of harm’s way if you are in traffic or on a curve, or in a place that could be dangerous.
  3. Call 911. Contacting emergency services ensures that help is on the way. Serious injuries require quick action to be taken.
  4. Check on other injured parties. You can report their condition to the 911 operator so the emergency service people can prepare before arrival.
  5. Seek medical attention even if you feel fine at the time of the accident. High adrenaline levels may mask the pain, and some injuries are not evident immediately. 
  6. Limit conversation with others involved in the accident. You could say something that could be held against you later.
  7. Note unusual conditions that could have contributed to the accident. Missing road signs, weather conditions, lack of brake lights, etc.
  8. Take photos and videos if you can do this safely and without further injuring yourself.
  9. Keep your descriptions short when you are informing officers at the scene of what took place. Provide only the basics. 
  10. Gather information from the people involved in the accident if appropriate. Do not interfere with anyone experiencing an injury to do this. 
  11. Report the accident to your insurance company. Even though you were not driving, your insurance may become involved.  Insurance agencies require that they be immediately notified if an accident happens. 
  12. Contact a Rochester Rideshare Accident Lawyer as soon as possible. It is better to have help navigating the early steps taken after an accident than it is to walk back missteps later.
  13. Follow-up appointments are vital to attend for your health and when seeking damages later. In order for the insurance companies to take your needs seriously, you must take them seriously.
  14. Take notes. This could be written, video, or audio notes. These should include road conditions, weather, and anything unusual you may notice about the drivers involved.

Of course, use common sense if you have been involved in an accident. Tensions can run high, injuries may occur, and road conditions could be dangerous. Your safety and the safety of others should be your priority. For more advice, contact one of our rideshare accident lawyers.

 

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Most Common Causes of Rideshare Accidents

Ridesharing can be credited for bringing down the number of drunk driving accidents since it became a transportation option. An Uber or Lyft is typically a safe and responsible way to travel, but accidents do happen for various reasons. The following are a few common ones:

  • Distracted driving is to blame. Rideshare drivers are bombarded with distractions such as conversation and questions from passengers, GPS instructions, notifications from their work app, and driving in unfamiliar areas while this is all taking place.
  • Impaired driving causes accidents. While Uber and Lyft are often called to avoid such accidents, drivers can still be under the influence of alcohol, illegal drugs, and prescription medications.
  • Speeding is unsafe. Rideshare drivers want to turn over their fares quickly and sometimes drive too fast for the conditions in an effort to do just that.
  • Tailgating the driver in front of them can also cause avoidable accidents. The driver cannot predict when the driver in front of them will need to brake. 
  • Poorly maintained vehicles can be dangerous as well. Improperly functioning brakes, headlights, and brake lights, among other things, can be to blame for accidents.
  • Unsafe lane changes are the cause of accidents very often. Signaling and ensuring no one is in the blind spot are crucial to safe lane changes.
  • Failure to follow the rules of the road is an obvious one, but it is at the root cause of many wrecks.
  • Failure to follow traffic signals can be to blame for some accidents. The pressure to pick up the next client can cause a rideshare driver to accelerate to beat a yellow light. 
  • Driver exhaustion is obviously dangerous. When a person is overtired, their reflexes are not up to par. 
  • Road Conditions can be a factor in Uber and Lyft accidents as well. It may not be the driver’s fault if roads are unsafe or poorly maintained. This could include poor or missing signage.
  • Improper turns can be attributed to many collisions, especially when pedestrians are involved. Lack of attention to the flow of traffic at intersections can be a major hazard.

There are more ways that accidents happen than we can count. These examples are among the more common causes. Talk to your Rochester rideshare accident lawyers if you have questions about your specific accident.

How is Liability Determined in a Rideshare Accident?

Police officers will report to the scene of the accident. They will observe the details of the crash, talk to witnesses and those involved, gather evidence, and will determine who is liable for the wreck. Sometimes, officers will charge a driver at the scene or issue a ticket for a violation of the New York State Vehicle & Traffic Law (VTL). 

Insurance companies will also investigate the circumstances of the accident. Insurance companies have a stake in not being liable for accidents, and they have the resources to work the system to their advantage. This is why you need a rideshare accident lawyer in Rochester to protect you.

Rideshare accidents can be complicated because of the number of parties involved. Let our rideshare accident lawyers help you to sort through all of the confusing insurance claims for you.

 

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Who Can Be Held Accountable After a Rideshare Accident?

The driver of the rideshare vehicle would be liable if they caused the accident. But they may not be the only ones accountable. If there are other motorists involved, their role in the accident will also be considered.

It could also be the fault of the city or state if the roads were ill-maintained. Sometimes, stop lights are out, potholes can cause accidents, and failure to have roads marked properly can also have an impact on road safety.

Insurance Gets Complicated for Rideshare Services

The driver’s personal insurance or the rideshare company’s insurance may be responsible for paying damages after an accident. This will be decided by where in the tier system the vehicle was operating at the time of the collision. 

Coverage changes depending on the driver’s circumstances. This is a brief description of how the tier system works. Your personal injury lawyer will have a more detailed understanding of when and whose insurance is liable for any injuries you sustained. 

Once the rideshare driver logs into his work app, he is operating the vehicle as an employee. Prearranged trips are when the driver uses his Uber or Lyft app to arrange transportation at a passenger’s query for a ride. It ends once the passenger exits his vehicle. During this time, the ridesharing company’s insurance provides coverage for any accidents that the driver may experience.

Common Injuries Sustained in Uber and Lyft Accidents

Common injuries feel very uncommon when you are the injured party. Nevertheless, these are some of the most common injuries that one might suffer in a rideshare accident:

  • Broken bones (fractures)
  • Traumatic brain injuries
  • Spinal injuries
  • Back and neck injuries
  • Disfigurement and scarring
  • Burns
  • Cuts and bruises
  • Amputations 
  • Crush injuries
  • Impalements
  • Puncture wounds
  • Internal bleeding
  • Fatalities

It is imperative that you seek medical help immediately following an accident. You may avoid more serious consequences later on if you do. Insurance companies may disregard claims of injury, pain, and suffering if you do not take the time to seek medical attention for your injuries.

If you fail to go to the hospital immediately, you should go if you begin to experience pain later. Make sure to document with your doctor what the cause of the injury was.

 

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What Damages Might You Be Entitled to Following an Accident in a Rideshare Vehicle?

All motorists and their passengers face the risk of an accident any time they are on the road. Depending on the accident and the severity of the injuries sustained, there are damages that an accident victim may be entitled to.

Economic Damages

Economic damages can be somewhat easier to put a value on. Here are some of the economic damages that you can possibly recover if you are the victim of an Uber or Lyft accident:

  • Medical expenses can be tremendously expensive and can mount quickly. This can feel overwhelming and can make accident victims reconsider getting the help that they need. Fortunately, in New York, your medical expenses will likely be covered by the driver’s No-Fault Insurance. 
  • Loss of income is one of the most anxiety-producing consequences of an accident involving a rideshare company. Knowing that bills are piling up and the victim’s method of accruing money is no longer available can be highly taxing, even though some of your lost wages may be covered by the driver’s No-Fault Insurance. 
  • Medical equipment can be necessary and expensive. Victims may need wheelchairs, hospital beds, canes, and walkers.
  • Transportation costs can be an issue as well, especially if the victim’s car was destroyed in the accident. Getting to doctors’ appointments and follow-up visits can be difficult without proper transportation.
  • Home alterations may need to take place in order for an injured person to remain in their home. Altering your home could mean anything from ramps to wider doorways. 
  • Loss of future earnings is another stressful component of a rideshare accident. If an injury renders its victim incapable of doing the job they previously did or the one they were striving to do, that income loss can be devastating.

 

It is vital that these expenses be thoroughly documented. When negotiating with insurance companies, this information will help you to gain access to full compensation. Keeping an organized spreadsheet or journal of expenses will make it easier to draw the whole picture when negotiating for your best possible outcome.

Non-economic Damages

Non-economic damages are often more difficult to access for monetary value. In New York, you can only receive compensation for your pain and suffering if you have suffered a “Serious Injury” as defined by New York law. To analyze your specific case, contact an Uber & Lyft rideshare lawyer in Rochester, NY, today. Here are some of the non-economic damages that we will possibly include in your claim:

  • Loss of enjoyment of life is a bit of an umbrella term that covers all aspects of life and the things that bring joy to the victim. For instance, if the injured person is a golfer and has sustained injuries that no longer allow him to swing a club, this could be a loss of enjoyment of life. 
  • Pain and suffering that you experience from your Serious Injury is always taken into account.  
  • Emotional anguish often occurs after frightening and tragic accidents. It can prevent the sufferer from living the life they once did.
  • Prior injuries can begin to cause problems again after an accident. It is frustrating and disappointing to face an injury again that you have already suffered and recovered from.
  • Loss of consortium can be asked for on behalf of a spouse. Mainly when there is an injury that causes them to lose important parts of their lives together. This often includes damage to their sex lives.

Your rideshare accident attorney in Rochester can analyze what you have sacrificed because of the accident and help you come up with a fair and agreeable number. Then, they can file the claim with the involved insurance companies and negotiate the maximum damages for you.

Why are insurance carriers difficult to deal with after a ridesharing accident?

Insurance companies want to keep their money. They are a business, and even though their advertisements portray them as a helpful friend in your time of need, they are indeed businesses that are interested in their own profits. When a rideshare accident happens, it can be expensive and complicated. 

Sometimes, insurance companies will deny valid claims or undervalue what they are offering as a settlement. Often, they will delay the process in an effort to hang onto their money longer. While they have the money in their bank, it is drawing interest and working for them. These bad-faith behaviors are something our team is ready to spot and shut down. You deserve better, and our Uber accident attorney in Rochester, NY, is willing to fight for it.

Insurance companies require immediate notification of an accident. Delayed reporting could cause the insurance company to deny insurance claims. Typically, an accident in a rideshare vehicle is immediately reported to the rideshare company. But, it is in your best interest to also notify your insurance company as soon as possible.

What is the Statute of Limitations for Car Accident Claims in New York?

Complying with statute of limitations laws is crucial. Dismissal of the car accident and wrongful death cases happen if you fail to follow these timelines. According to New York law, you must usually file a personal injury claim after an Uber or Lyft accident within three (3) years of the crash. 

There are exceptions to this law, and your Rochester, NY, Lyft accident attorney understands these timelines and how they apply to your personal accident. To avoid these limitations, you should connect with an attorney as soon as possible.

 

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Why Kammholz Rossi PLLC?

  • Our skilled group of Uber accident attorneys is ready to fight for you. Any challenges that come your way, we are qualified to overcome them. We are an experienced firm, and you will benefit from our almost 50 years of combined legal expertise.
  • You are more than a number. At our firm, you will receive the kind of personal treatment that only Kammholz Rossi PLLC can provide. You will work with one lawyer from start to finish in order to eliminate any gaps in knowledge about your claim.
  • Our Tier 1 law firm was granted the prestigious Top-Listed law firm award in Rochester, NY, for the metro area’s Best Lawyers®.
  • Our experience is a benefit for our clients. They can depend on us to deliver the kind of representation that we would want for our own families. 

Our talented and experienced rideshare accident attorneys are waiting for you to call so they can begin to assemble the details of your case. Call for a free consultation with our Lyft accident attorneys to calculate the damages to which you are entitled and begin the process of claiming them.

Get Help From a Rochester Uber and Lyft Accident Attorney Today,

We prefer that our clients are able to concentrate all of their energy on getting healthy again. We realize the impact that an accident can have on individuals and families emotionally, physically, and economically. Our goal is to alleviate the parts we can. 

Your medical team is working on getting you healthy, and your legal team will help you pay for it.  We are ready to investigate your case, file claims on your behalf, negotiate with insurance companies, and go to court if it comes to that. 

Reach out to Kammholz Rossi PLLC today, and we will arrange a free consultation with a Rochester, NY, Lyft accident lawyer. We want you to know where you stand and how we can help recover the damages you need.