Uber Accident Lawyer in New Jersey
Uber and Lyft are synonymous with ride sharing. These companies facilitate quick and easy rides to and from various locations. Whether you don't have a car, you need a ride to the airport, or you just need to get across town, it's difficult to argue that ridesharing isn't a great option.
With a smartphone and credit card, you can schedule a ride to virtually any drivable location.
But what happens if you're in a car accident involving an Uber or Lyft car? These unexpected and often traumatic incidents can leave you confused and emotionally drained. Can you pursue compensation from the driver, the company, or others? Here, we take a look at who these ridesharing companies are, and examine a few potential accident scenarios.
What are Uber and Lyft?
Uber and Lyft are the most popular ridesharing services in the U.S. Uber was formed in 2009 in California as a way to hire private drivers where riders pool together to reduce costs. The service exploded and, fast-forward to the present date, it's a global service with more than 75 million active Uber drivers.
Lyft was founded in 2012 and has a similar business model. Also based in California, Lyft is the second-largest ridesharing service in the U.S. and also operates in Canada.
Various scenarios regarding insurance coverage and legal implications can arise when an Uber driver is operating the app, waiting for a ride, or involved in an accident. These situations highlight the complexities of insurance policies associated with rideshare accidents. We will explore these challenges more below.
What To Do If You're Injured In A Rideshare Vehicle
If you're injured while a passenger in a Lyft or Uber you should:
- Call 911 and get the police involved. A police report will be crucial to seeking compensation for your injuries.
- Seek medical attention immediately and keep all medical records, bills, etc.
- Take pictures of the accident scene and all vehicles involved.
- Collect the names of the Uber/Lyft driver and any witnesses.
- Save all records and documentation reflecting your hiring of the rideshare service.
If you've been injured and incurred medical bills and out-of-pocket costs, you should contact a personal injury lawyer to see if you have a potential case. Injury cases need to be treated with urgency as crucial evidence is often lost and witnesses' memories of the incident fade.
If your driver was at fault, you may be able to sustain a claim against them. If another driver was at fault, it may also be possible to pursue compensation from them. Your injury attorney will be able to guide you toward the best course of action based on the circumstances of the accident.
Typically, Uber and Lyft attempt to avoid liability by claiming their drivers are independent contractors rather than employees. In extreme cases, however, it might be possible to sue the rideshare company directly if it hired someone who was unqualified to serve as a driver.
How Do Rideshare Accidents Happen?
Rideshare accidents can occur for a variety of reasons, often linked to the behavior of the rideshare driver or the condition of the vehicle. Distracted driving is a significant cause, as rideshare drivers frequently use their phones for navigation and communication, which can divert their attention from the road. Speeding is another common issue, with drivers sometimes rushing to complete rides quickly, increasing the risk of accidents.
Reckless driving behaviors, such as tailgating or running red lights, also contribute to rideshare accidents. Additionally, fatigue is a critical factor; rideshare drivers often work long hours without adequate breaks, leading to decreased alertness and slower reaction times.
Poor vehicle maintenance can further exacerbate these risks, as mechanical failures due to neglected upkeep can result in accidents. Understanding these common causes can help in identifying liability and pursuing compensation in the event of a rideshare accident.
Rideshare Accident Statistics
Rideshare accidents have been on the rise, reflecting the growing use of services like Uber and Lyft. According to recent statistics, Uber reported 107 deaths in 97 crashes in 2020, resulting in an Uber accident fatality rate of 0.58 deaths per 100 million miles traveled. Similarly, Lyft reported a death rate of 0.76 per 100 million miles traveled on average, with 105 fatal crashes over a three-year period.
These statistics highlight the potential dangers associated with rideshare services and underscore the importance of understanding your rights and options if you are involved in a rideshare accident. With the increasing number of rideshare vehicles on the road, the likelihood of accidents also rises, making it crucial to be informed about the legal and insurance aspects of such incidents.
Common Rideshare Accident Injuries
Head and Neck Injuries
Rideshare accidents frequently cause concussions, traumatic brain injuries, and whiplash, especially in accidents involving an Uber or Lyft driver. These injuries often require extensive medical care and may lead to permanent disability. A car accident lawyer can help you manage the complexities of insurance claims, protect your legal rights, and seek financial compensation after an accident involving Uber or similar services.
Back and Spinal Injuries
Spinal cord injuries and herniated discs are common in motor vehicle accidents, including rideshare accidents. Accident victims may face long-term pain and costly medical treatment.
Broken Bones and Fractures
Auto accidents, especially rideshare-related incidents, often lead to broken bones and fractures. These injuries can result in significant medical expenses and long recovery periods. A Lyft accident lawyer will help you secure the compensation you deserve.
Internal Injuries
Blunt-force trauma during a rideshare accident can cause internal bleeding and damage to organs, requiring emergency care and resulting in high medical expenses.
Emotional Trauma
In addition to physical injuries, victims of rideshare accidents may suffer emotional distress. Insurance companies often undervalue these claims, but a skilled New Jersey rideshare accident lawyer can help secure compensation.
Soft Tissue Injuries
Injuries like sprains, strains, and torn ligaments are common in rideshare accidents and often require physical therapy and extended recovery times.
These injuries often lead to a complex personal injury claim process involving the rideshare driver's personal policy or the rideshare liability insurance. A New Jersey Uber accident lawyer can help you secure fair compensation for medical expenses, lost wages, and property damage. Rideshare liability insurance cover varies based on whether the driver was idle, en route, or actively carrying passengers during an accident, with different coverage amounts available in each scenario.
New Jersey Rideshare Insurance Laws
New Jersey has specific laws governing rideshare insurance, ensuring that both drivers and passengers are adequately covered in the event of an accident. Rideshare companies like Uber and Lyft are required to provide insurance coverage that varies depending on the situation. Generally, rideshare liability insurance covers bodily injury and death for individuals injured in an accident, excluding the driver.
This insurance coverage is designed to protect passengers, pedestrians, and other drivers involved in an accident with a rideshare vehicle. Understanding these laws is essential for anyone using rideshare services in New Jersey, as it helps clarify the protections available and the steps to take if an accident occurs.
Insurance Coverage Rules for Uber and Lyft
The insurance coverage provided by Uber and Lyft depends on the driver’s status at the time of the accident. When the app is off, the driver’s personal insurance policy applies. However, once the app is on and the driver is waiting for a ride request, the rideshare company’s insurance coverage kicks in.
When the driver accepts a ride request and is en route to pick up a passenger or is transporting passengers, the rideshare company increases the insurance coverage. This enhanced coverage remains in effect until the ride is completed. Understanding these rules is crucial for determining which insurance policy applies in the event of an accident.
Who is Covered by Rideshare Liability Insurance?
Rideshare liability insurance is designed to cover bodily injury and death for individuals injured in an accident involving a rideshare vehicle. This includes passengers in the rideshare vehicle, pedestrians, cyclists who may be involved in an accident with a ride-sharing vehicle, and other drivers and passengers in vehicles involved in the collision.
By providing this coverage, rideshare companies aim to ensure that injured parties receive compensation for their injuries and damages. However, navigating the claims process can be complex, making it essential to work with a knowledgeable New Jersey Uber accident lawyer to secure the compensation you deserve.
What To Do If You've Been Injured as a Pedestrian or While Driving Your Own Vehicle
If you were injured by a rideshare vehicle as a pedestrian or while operating your own vehicle, your case can become somewhat more complicated.
If a passenger is in the rideshare vehicle at the time of the accident or if the rideshare vehicle was on its way to pick up a passenger, it may be considered a commercial vehicle for purposes of insurance coverage.
If the rideshare driver was "off duty" at the time of the accident, then a different set of rules will apply. Similarly, Uber and Lyft drivers are frequently injured in accidents themselves.
Again, the initial analysis will focus on whether the vehicle was being operated as a rideshare vehicle at the time of the accident, or whether it was being operated for personal use.
The use of the vehicle at the time of the accident will significantly affect the dynamic of the legal claim, the applicable law and available insurance coverages. Experienced New Jersey Uber accident lawyers have the skills to manage the complexities of rideshare accident claims.
Liability of the Rideshare Driver
When an accident occurs due to the negligence of the rideshare driver, they may be held liable.
Rideshare companies like Uber and Lyft provide liability coverage that kicks in during specific periods of the ride, depending on whether the driver has accepted a ride request or is transporting passengers.
If the rideshare driver was logged into the app and an accident occurred, their liability coverage may apply. The driver’s personal insurance policy may also be involved if the rideshare company’s insurance denies the claim.
Liability of Other Drivers
In some cases, another driver, not the rideshare driver, may be responsible for the accident. For instance, if another driver runs a red light and hits the rideshare vehicle, their car insurance company may be liable for the accident victim’s injuries and damages.
A rideshare accident lawyer can help determine the liability of all drivers involved and pursue claims with the appropriate insurance providers.
Liability of the Rideshare Company
Although rideshare companies like Uber and Lyft generally classify their drivers as independent contractors, they still carry rideshare liability insurance.
This insurance is typically available during active ride periods and can cover personal injury claims, property damage, and other costs. However, pursuing a claim against a rideshare company can be complex, as they may try to avoid liability.
A New Jersey Uber accident lawyer can help you determine if the company’s insurance coverage applies to your case.
Shared Liability in Rideshare Accidents
Liability may also be shared between multiple parties. For example, if both the rideshare driver and another driver contributed to the accident, both may be held partially responsible for the injuries and damages.
In these situations, it’s essential to file claims with each liable party’s insurance carrier to secure compensation for medical bills, lost wages, and other losses. This can include claims against the rideshare company’s liability insurance and the negligent driver’s auto insurance.
Uninsured or Underinsured Drivers
If a rideshare accident involves an uninsured or underinsured driver, you may still be able to recover damages through the rideshare company’s underinsured or uninsured motorist coverage.
This coverage can be vital when other drivers involved don’t have sufficient insurance to cover your injuries and damages.
A rideshare accident lawyer can help you navigate this process and work to secure the compensation you deserve from all available sources.
In any rideshare accident, multiple parties may be liable, and determining who is responsible requires a thorough investigation.
Working with a New Jersey rideshare accident lawyer can help you identify all liable parties, hold them accountable, and obtain fair compensation.
How To Pursue Compensation for Lyft or Uber Injuries
The Reinartz Law Firm is an experienced personal injury law firm that pursues compensation for victims of rideshare accidents.
If you've been in an accident involving an Uber or Lyft vehicle, we invite you to contact us for a free consultation.
We will analyze the facts of your case and advise how to best move forward with a potential claim.
FAQ for Rideshare Accidents
1. Who is responsible for my medical bills after a rideshare accident?
Responsibility can fall on the rideshare driver’s personal insurance policy, the rideshare company’s liability insurance, or other involved parties. A New Jersey Uber accident lawyer can help determine liability.
2. What should I do if I’m injured in a rideshare accident?
Seek medical attention immediately, gather information at the accident scene, and contact a rideshare accident lawyer to guide you through the personal injury claim process.
3. Can I file a claim if the rideshare driver’s insurance denies coverage?
Yes. Rideshare liability insurance or third-party liability coverage often applies. An experienced Jersey Uber accident lawyer can help you pursue compensation.
4. What types of injuries are common in rideshare accidents?
Common injuries include head trauma, spinal injuries, broken bones, and soft tissue damage. These often require extensive medical care and may result in long-term costs.
5. How do I prove the rideshare driver was negligent?
Evidence such as police reports, witness statements, and medical records can help prove negligence. A New Jersey rideshare accident lawyer can assist with gathering and presenting this evidence.
6. Can I sue both Uber and the rideshare driver?
Yes, depending on the circumstances of the accident and the insurance coverage in place. A legal team specializing in rideshare accidents can help evaluate your options.
7. What compensation can I recover in a rideshare accident claim?
You may recover compensation for medical expenses, lost wages, property damage, and pain and suffering. A personal injury lawyer will assess your case to pursue fair compensation.
8. Do rideshare companies provide insurance for accidents?
Yes, Uber and Lyft have rideshare liability insurance that covers certain periods of the trip. It’s essential to work with a lawyer familiar with insurance coverage requirements in rideshare accident cases.
9. Should I accept a settlement offer from the insurance company?
It’s important not to accept any offer without consulting a rideshare accident lawyer. Insurance adjusters may offer less than what your case is worth, especially for future medical expenses and lost wages.
10. Can I get a free consultation from a rideshare accident lawyer?
Yes, most New Jersey rideshare accident lawyers offer free consultations to discuss your case and explain the claims process.
