Although Uber first served riders in San Francisco when they came on the scene, it wasn’t long before Uber services sprouted in New York City providing residents and tourists rides to and from the airport and around the city. Today, those who use Uber in New York City can hitch a ride with UberX, their low cost service, Uber XL, and the high-end UberBlack and UberSUV. Like others who drive in and around New York City, Uber drivers and their riders face the risk of getting in accidents in the heavy traffic that plagues the city. Sometimes, careless Uber drivers cause an accident and other times a third party causes a collision.
Regardless of the situation, if you were involved in an accident with an Uber driver, New York law entitles you to sue the at-fault party for damages related to your hospitalization and injury. Contact The Law Office of Ivan M. Diamond at (718) 588-2000 for a free consultation with an experienced Bronx Uber accident attorney.
Diamond Law’s Past Results in Personal Injury Cases
Attorney Ivan M. Diamond has ample experience handling a wide variety of personal injury cases, including those that involve Uber drivers. With a strong commitment to client service, Diamond has recovered millions of dollars in damages for those he has represented. Past case results include settlements and verdicts ranging from a few hundred thousand dollars to almost $2.5 million. These examples of past cases do not guarantee results in your case, but Ivan M. Diamond will diligently pursue the best outcome for your case.
Common Causes of Uber Accidents
Many situations might give rise to an Uber accident in the Bronx or other areas of New York City. Each accident has distinct characteristics, but here are some situations that frequently lead to Uber accidents:
- Distracted driving. All motorists struggle with distractions while driving, but Uber drivers are especially at risk. In addition to common distractions like eating, drinking, adjusting the radio, and cell phone usage, Uber drivers might have to deal with obnoxious passengers who are loud or have been drinking. Additionally, drivers must use the Uber app to find their next rider.
- Fatigued driving. Uber drivers cannot be signed into the app for more than 12 hours each day, but this doesn’t eliminate drowsiness and fatigue. The time limit doesn’t take into account other employment or extensive downtown between riders.
- Driving under the influence. Uber drivers who use drugs and alcohol create the same risk as other motorists who drive while impaired.
- Speeding. Uber drivers are under pressure to transport their riders as fast as possible, making it likely that they will speed. Passengers want a quick ride and drivers want to get to their next paying rider. Speeding causes drivers to lose control of their vehicle and makes crashes more likely to result in injury or death.
- Following too closely. Tailgating other vehicles comes from impatience and feeling rushed in traffic. Uber drivers who drive under a lot of pressure to go quickly might follow too closely, causing an accident when they don’t have the reaction time or distance to avoid an accident.
- Poor vehicle maintenance. New York State law requires Uber drivers to have their vehicles inspected every four months, so this common cause of Uber accidents isn’t as prevalent in New York City, but mechanical malfunctions can cause a driver to lose control and cause an accident.
Recovering Damages After a Bronx Uber Accident
If your Uber accident was a result of the Uber driver’s or another driver’s negligence, New York law permits you to recover damages in court. New York is a no-fault insurance state which requires motorists to carry personal injury protection (PIP) insurance. This means your first step to recovering damages includes filing a claim with your PIP insurance carrier. PIP insurance doesn’t cover medical expenses and lost wages in their entirety, so you will have to file a lawsuit to make up the difference once you meet or exceed or PIP policy limits. Additionally, PIP coverage does not compensate accident victims for non-economic costs of an injury. In the event that a court rules in your favor, you might recover the following damages:
- Medical expenses including ambulance rides, emergency department visits, hospital stays, surgery, radiology, and prescription medication
- Future medical expenses when an injury requires extensive recovery or causes a permanent disability requiring lifelong care
- Rehabilitative costs including physical therapy and assistive devices such as crutches, wheelchairs and artificial limbs
- Lost wages for missing work as a result of injury and hospitalization
- Future lost wages when a severe injury results in a disability that prevents accident victims from returning to work
- Non-economic damages for pain and suffering, loss of consortium with a spouse, scarring and disfigurement, and any others that might apply to your case
Ridesharing services such as Uber are accessible, affordable, and extremely convenient. They make it easy for people who live in the outer boroughs of New York City to get around. Yet, despite these advantages, taking an Uber ride is not without its drawbacks. Ridesharing services remain relatively unregulated. As a result, Uber drivers do not have to go through the same background checks, screenings, and mandatory vehicle maintenance standards as taxi drivers. That can put riders and others at risk of an accident and injuries.
Victims of Bronx car accidents involving an Uber car often have lots of questions about their legal rights. Below, we answer some of the most common of those questions. For answers to specific questions after suffering an injury in a Bronx Uber accident, contact an experienced lawyer today.
Can I sue someone for my Bronx Uber accident injuries?
If you suffered anything but the most minor injuries, then chances are good you can. People who suffer only minor injuries may not have the right to sue if those injuries are fully covered by a personal injury protection insurance policy (also known as a no-fault policy). Consult an experienced Bronx Uber accident lawyer if you are unsure if this applies to you.
Victims of a Bronx Uber accident who suffer significant injuries generally have legal rights to seek compensation from anyone whose careless, reckless, or intentional actions caused their crash. That may include the Uber driver, the driver or owner of some other vehicle involved in the crash, an automotive manufacturer, the City of New York, and even Uber itself in some instances.
Talk to an experienced Bronx Uber accident lawyer today about the details of your accident to find out if you can sue an at-fault party for damages.
Doesn’t Uber have insurance that should pay for my injuries?
Sort of. It depends on the Uber driver’s status at the time of the accident.
Uber provides liability insurance for its drivers. That insurance exists to pay for damages the drivers cause to anyone (not just their own passengers) in an accident.
However, that insurance only provides coverage during certain periods of time, and it provides varying amounts of coverage during the periods when it applies:
- Period 0: This period refers to the point of time when the Uber driver is not logged on to the Uber app. Meaning, there is no liability insurance coverage available if an accident occurs during this time.
- Period 1: During this period, an Uber driver is logged in to the Uber app, but has not accepted a ride request yet. If the driver is an accident during this time, Uber provides coverage for any accident that is the fault of the Uber driver. Including coverage up to $50,000 per person that is injured, $25,000 property damage liability, and $100,000 total injury liability per accident.
- Period 2: During Period 2, an Uber driver has accepted a request and is on their way to pick up the passenger. If a crash occurs during this time, the coverage increases to $1million.
- Period 3: This period extends from the time the passenger is in the Uber through the drop-off. Coverage during this time is up to $1million, plus limited coverage for damages to the driver’s car, and uninsured motorist coverage.
In other words, if you suffered injuries in an accident involving an Uber car, it is important to find out the Uber driver’s status at the time of the accident as soon as possible. That determination can make a big difference in the amount of money available to pay your damages.
Contact an experienced Bronx Uber accident lawyer as soon as you can after an accident to begin investigating your rights to coverage under Uber’s driver insurance.
How much money can I recover for my Bronx Uber accident injuries?
It depends mostly on two broad factors: the severity of your injuries, and the amount of insurance or assets that an at-fault party has available to pay you.
The severity of your injuries matters because it influences the amount of damages a Bronx Uber accident victim can typically seek as compensation, such as the amounts of the victim’s:
- Medical bills—including past and future medical expenses;
- Lost wages-including past and future wages;
- Lost earning capacity;
- Rehabilitation costs;
- Household care services;
- Surgery costs;
- Personal property damages;
- Pain and Suffering;
- Mental anguish;
- Loss of enjoyment of life and activities;
- Loss of consortium; and
- Disfigurement.
The financial resources of the party that has legal liability for your injuries matter because the greater the resources, the better your chances of recovering the full amount of your injuries. That is why figuring out the Uber driver’s status is so important: It could mean the difference between $1 million in available insurance coverage, and a fraction of that amount.
An experienced Bronx Uber accident injury lawyer can evaluate your injuries to determine the full scope of damages you should have the right to recover, and can investigate your accident to identify all parties who have a legal liability to you.
Do I really need a Bronx Uber accident lawyer?
Yes, you do. There is little chance of you recovering the full value of the compensation you deserve without the services of an experienced Bronx car accident injury lawyer.
While you focus on recovering from your injuries, a skilled Uber crash lawyer can get to work tracking down the critical information necessary to determine the Uber driver’s status at the time of the crash. The lawyer can also investigate to figure out if other parties should also take some of the blame for causing the accident and your injuries. The lawyer can then devise an effective legal strategy, negotiate with defense lawyers and insurance companies, and (if necessary) take your case to court to pursue full and fair payment.
Do not trust just any lawyer with your Bronx Uber accident claim. If you or a family member suffered serious injuries in a Bronx car accident involving an Uber car, our experienced Uber accident injury lawyer, Ivan M. Diamond, is ready to talk to you today.
Contact a Skilled Uber Accident Attorney in the Bronx
Uber accidents often include multiple parties because you might have to sue the Uber driver, as well as Uber. It’s in your best interest to hire an experienced Uber accident lawyer who can deal with the complexities of these cases.
A skilled Bronx personal injury attorney will anticipate defense tactics to avoid liability, investigate your accident, gather relevant documents including police reports, witness statements, and medical records, and build a strong case to give you the best chances of full and fair compensation. This might also include enlisting the help of expert witnesses who can support your case. Your attorney will typically handle communications with insurance companies and other parties to the defense, so you can focus on healing and recovery.
Contact Ivan Diamond Bronx Personal Injury Attorney in the Bronx at (718) 588-2000 for a free consultation to discuss the details of your Uber accident, before your statute of limitations under New York law runs out. You have three years to initiate legal action in New York after the date of your accident. Personal injury cases are handled on a contingent fee basis; attorney fees will be deducted from any settlement or court-awarded damages that you receive.
Client Testimonial
“Mr. Ivan Diamond is the definition of professionalism hard work. He’s my first experience with a lawyer (I retained him to represent me in two separate instances) ... and he made it a pleasant one! He’s VERY hands on, very attentive, asked the questions, consistently checked up on me and prepared me for any and every possibility. Extremely knowledgeable. I recommend Mr. Diamond to friends and family who we’re all happy with outcome of their personal injury case’s. I consider Mr. Diamond to be family, because that’s how hard he worked for me and expressed real compassion for my circumstances. Hiring Mr. Diamond is a decision you will never regret..” -Bia S.
Client Review: 5/5
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January 2020
