Uber and Lyft have made themselves indispensable companies for many commuters, people going out for drinks or dinner, or people trying to get a ride to the airport. However, even though these services are important transportation services, that does not give drivers the right to drive unsafely, put passengers at risk, or cause crashes.
If you were hit by a rideshare driver or you were injured in a crash as a rideshare passenger, our lawyers can help you get compensation, whether the crash was caused by the Uber/Lyft driver or another driver on the road. These cases often cannot be brought directly against Uber or Lyft, but our lawyers can still help you sue, potentially accessing insurance coverage that can pay for high-dollar damages.
Call The Martello Law Firm’s Westchester, NY Uber and Lyft accident lawyers at (914) 685-6950 today for a free case evaluation.
Suing Uber or Lyft for a Crash in Lewisboro
Many drivers immediately think that Uber or Lyft should be responsible for their accidents if they were hurt as riders. However, the law is more complicated than this. First, there may be other parties at fault to look to, and second, the rideshare companies cannot usually be held responsible in a lawsuit. However, they do provide additional insurance coverage in many cases, which our Uber and Lyft accident lawyers can use to get you the damages you need.
Determining At-Fault Parties
In many cases, Uber and Lyft are not going to be directly responsible for a crash. There are limited ways that courts have successfully held them liable, such as in cases of accidents or assaults where the Uber/Lyft driver had a history of crashes or assaults and the company did not properly screen for that. These negligent hiring cases are rare, however, and fault is usually assigned to a driver involved in the accident instead.
If you were driving another car and the Uber or Lyft driver hit you, you can hold them directly liable. Similarly, if you two were both hit by a third driver, that driver would usually be at fault.
If you were riding as a passenger in an Uber/Lyft, then you also need to analyze fault: Did your driver cause the crash or did another driver? In some cases, you and the Uber/Lyft driver might both be victims. However, if the Uber driver was driving long hours, was tired, or was violating the law, then we will likely try to hold them accountable for the crash they caused.
Why You Cannot Sue Uber/Lyft
Aside from direct fault, there is another way to potentially go after Uber/Lyft for a crash, but it does not work for rideshare companies. Typically, if a company hires drivers, and those drivers cause a crash through negligence while they are working, the company they work for is responsible in their place. That is how injured drivers and passengers sue trucking companies, bus companies, and more. However, this only works with “employees.”
Uber and Lyft insist that their drivers are not employees but are instead independent contractors. Basically, this makes them self-employed, and the rideshare companies insist they are just matching drivers with riders and providing the map, app, and payment services rather than acting in any sort of employer role. That means you usually cannot sue them, but they still provide insurance for these cases.
Uber and Lyft’s Insurance
Drivers – especially commercial or rideshare drivers – must have insurance. The requirement for rideshare drivers is actually that they need commercial or “rideshare” insurance while working. If they do not have this, then they are breaking the law and Uber/Lyft will usually refuse any additional coverage, so it is vital that we check that the driver in your case had the required insurance.
From there, if they are on duty but have not chosen a ride yet, there is an additional $50,000 of coverage the rideshare company can kick in on top of their initial coverage. If they have a rider or are on the way to pick one up, a $1 million policy kicks in.
Often, the $1 million policy is the primary policy, meaning it covers damages first before the drivers’ policies, potentially even if you were in another car. The $50,000 coverage is supplemental and usually goes on top of the driver’s rideshare insurance.
Keep in mind that if you were in another car, you also likely have your own no-fault insurance we can help you use to get additional payments, but we should often go after the at-fault driver’s insurance as much as the law and the structure of these policies allows.
Common Causes of Uber and Lyft Accidents in Lewisboro
Uber drivers are not always the ones who cause crashes, but when they do, the following are some of the most common contributing factors:
Speeding
Drivers have an incentive to move fast at all times so they can make rides quick and pick up additional passengers. However, this often means speeding and potentially running red lights and stop signs. Accidents involving high speeds are often more serious and cause more damage and injuries.
Long Hours
When drivers are on the road for long hours, as Uber/Lyft drivers often are, a few things happen. One, drivers get tired, slowing their reactions and reducing the quality of their judgment. Second, they may get too comfortable with the rules of the road, turning full stops into rolling stops, playing fast and loose with using their turn signal, or simply ignoring some of the rules of the road. Lastly, they might get bored, turning to using their phone over watching the road. They may even turn to drugs or alcohol to keep them alert or “buzzed.”
All of these are significant causes of accidents.
Contact Our Uber and Lyft Accident Attorneys in Lewisboro Today
For a free review of your potential case, call (914) 685-6950 to speak with The Martello Law Firm’s Uber and Lyft accident attorneys.
