Rideshare Accident Lawyer

At Kelner & Kelner, we understand the unique challenges that come with rideshare accident claims. Whether you were a passenger, pedestrian, or driver injured in an accident involving a rideshare service like Uber or Lyft, our experienced team is here to help. Navigating these complex cases requires a deep knowledge of New York’s rideshare laws and insurance policies, which is why having skilled legal representation can make a significant difference. We are committed to pursuing maximum compensation on your behalf and holding negligent parties accountable. Trust Kelner & Kelner to advocate for your rights and guide you through every step of your recovery.

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Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Who is Liable in a Rideshare Accident?

Determining liability in a rideshare accident can be complex due to the unique relationship between rideshare companies, their drivers, and the people they serve. In New York, rideshare drivers are considered independent contractors rather than employees, which impacts how insurance coverage is applied. Here are some common scenarios and the potential parties that may be held liable:

Rideshare Company

If the driver was logged into the app and actively transporting a passenger, companies like Uber or Lyft typically provide insurance coverage that applies to the accident. However, their coverage varies based on whether the driver was waiting for a ride request or actively transporting a passenger at the time of the accident. In cases where the rideshare company’s insurance applies, they may cover damages up to their policy limits.

Rideshare Driver

If the driver was using their personal vehicle but was not logged into the app, they are treated like any other driver and would be personally liable, covered only by their personal auto insurance. In cases where the rideshare company’s insurance does not apply, the driver’s personal insurance may be the only source of compensation.

Other Drivers

If another vehicle caused the accident, that driver may be liable. In such cases, you can pursue compensation from the responsible driver’s insurance.

Vehicle or Parts Manufacturer

Sometimes accidents are caused by mechanical failures, such as faulty brakes or steering issues. If a defective vehicle component contributed to the accident, the manufacturer may be partially or fully liable.

At Kelner & Kelner, we carefully investigate every rideshare accident to identify all potential sources of compensation. Our goal is to hold the responsible parties accountable, ensuring that our clients receive the maximum recovery for their injuries, lost wages, and other damages.

What To Do After an NYC Rideshare Accident

If you are involved in a rideshare accident in New York City, it’s essential to take specific steps to protect your health, rights, and potential claim:

1. Prioritize Safety and Seek Medical Attention: Your health comes first. Even if your injuries seem minor, see a medical professional immediately. Some injuries, such as whiplash or traumatic brain injuries, may not present symptoms right away.
2. Contact the Authorities: Call the police and report the accident. An official police report is a critical document for your case and can help establish what happened and who may be at fault.
3. Gather Evidence at the Scene: If possible, take photos of the accident scene, vehicle damage, injuries, road conditions, and any visible traffic signs or signals. Collect contact information from all parties involved, including the rideshare driver, other drivers, and any witnesses.
4. Notify the Rideshare Company: Report the accident to the rideshare company through their app or website. Document all communications, as they may be helpful during your case.
5. Consult a Rideshare Accident Lawyer: Rideshare accident claims can involve multiple insurance policies and parties, making them legally complex. Our attorneys at Kelner & Kelner can evaluate your case, handle the legal paperwork, and negotiate with insurance companies to maximize your compensation.

Taking these steps can significantly impact the success of your claim. At Kelner & Kelner, we are committed to guiding you through this challenging time and fighting for the compensation you deserve.

How a Rideshare Accident Lawyer from Kelner & Kelner Can Help You

Navigating the aftermath of a rideshare accident can be overwhelming, but having a dedicated lawyer from Kelner & Kelner by your side can make a significant difference. Here’s how we can assist you:

Legal Guidance

Our experienced rideshare accident lawyers understand the intricacies of New York’s rideshare laws and regulations. We will help you understand your rights and the legal options available to you, ensuring you are informed at every step of the process.

Thorough Investigation

We will conduct a comprehensive investigation into the accident, gathering evidence such as police reports, witness statements, and accident scene photographs. This thorough approach helps establish liability and strengthens your case.

Establishing Liability

Determining who is at fault in a rideshare accident can be complex. Our team will identify all potentially liable parties, whether it’s the rideshare driver, the rideshare company, or another driver, and build a strong case against them.

Negotiating with Insurance Companies

Dealing with insurance companies can be challenging, especially when they try to minimize payouts. Our lawyers will handle all communications and negotiations with insurance providers, advocating for your best interests and ensuring you receive fair compensation for your injuries and damages.

Calculating Your Damages

We will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and any future rehabilitation needs. Our goal is to ensure that you are compensated for both current and future losses.

Litigation Support

If a fair settlement cannot be reached, we are prepared to take your case to court. Our attorneys are skilled litigators who will passionately represent you in front of a judge and jury, fighting for the compensation you deserve.

Compassionate Support

Beyond our legal expertise, we understand the emotional toll an accident can take. At Kelner & Kelner, we are committed to providing compassionate support, answering your questions, and guiding you through the legal process with care.

Rideshare Services and Insurance

Rideshare accidents involve multiple layers of insurance, which can complicate the claims process. Both the rideshare company and the driver may have different levels of coverage depending on the driver’s activity at the time of the accident. Here’s an overview of how rideshare insurance typically works:

• Offline Mode: If the rideshare driver is not logged into the app, their personal auto insurance is the only policy that applies, and the rideshare company generally bears no responsibility.
• App On, Waiting for a Ride Request: When the driver is logged into the rideshare app but has not yet accepted a ride, limited liability coverage may apply. Uber and Lyft generally provide $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage in this scenario.
• En Route to Pick Up a Passenger or During a Ride: Once the driver has accepted a ride or is actively transporting a passenger, rideshare companies typically provide up to $1 million in liability coverage. Additionally, they may offer uninsured or underinsured motorist coverage, which can be critical if another driver without sufficient insurance caused the accident.

Understanding how these policies apply and ensuring that you are covered under the appropriate policy can be challenging. At Kelner & Kelner, our experienced rideshare accident lawyers are well-versed in the intricacies of rideshare insurance coverage and will work diligently to maximize your compensation.

Common Causes of Rideshare Accidents

Rideshare accidents often arise from a range of factors, many of which are linked to the unique demands placed on drivers. Some of the most common causes include:

1. Distracted Driving: Rideshare drivers frequently check their apps for ride requests, follow GPS navigation, and communicate with passengers. These activities, though necessary for the job, can lead to dangerous distractions on the road.
2. Fatigue: Many drivers work long hours or drive late at night to maximize earnings. Fatigue can impair reaction times, judgment, and focus, making it a significant risk factor for accidents.
3. Speeding: In an effort to complete as many rides as possible, some drivers may speed or engage in other risky driving behaviors. Speeding reduces the time available to react to road hazards and increases the severity of accidents.
4. Inexperienced Drivers: Rideshare services attract drivers from various backgrounds, and some may lack experience in handling urban traffic, inclement weather, or high-stress driving situations.
5. Failure to Obey Traffic Laws: Common infractions such as running red lights, failing to yield, or making improper turns can lead to severe accidents. Some drivers may take these risks in an attempt to reach their next fare more quickly.
6. Road and Environmental Hazards: Weather conditions, construction zones, and unexpected obstacles can all contribute to accidents. Rideshare drivers often operate in unfamiliar areas, which can make it difficult for them to anticipate such hazards.
7. Aggressive Driving: Some rideshare drivers may weave between lanes, tailgate, or engage in other forms of aggressive driving to reach their destinations faster. This behavior can create dangerous situations, especially in congested urban settings.

Rideshare accidents can result from a combination of these factors, making it essential to have experienced legal representation to investigate the circumstances thoroughly.

Injured in a Rideshare Accident? We Can Help.

At Kelner & Kelner, we understand the devastating impact a rideshare accident can have on your life. Our experienced attorneys are dedicated to guiding you through this challenging time, advocating fiercely for your rights, and securing the compensation you deserve. From investigating the accident to negotiating with insurance companies and, if necessary, pursuing litigation, we are here to handle every aspect of your case with care and precision. If you or a loved one has been injured in a rideshare accident, contact Kelner & Kelner today for a free consultation, and let us help you start on the path to recovery.

Free Consultation- Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Rideshare Accident Lawyer FAQs

1. What should I do immediately after a rideshare accident?

After a rideshare accident, prioritize your safety and seek medical attention, even if injuries seem minor. Contact the police to file a report, gather evidence at the scene, and avoid discussing the accident with insurance adjusters until you’ve spoken with a lawyer.

2. Who can be held liable in a rideshare accident?

Liability in a rideshare accident can fall on multiple parties, including the rideshare driver, the rideshare company, other drivers, and even third parties like vehicle manufacturers. Determining liability can be complex, so it’s essential to consult an attorney who can assess the details of your case.

3. How does rideshare insurance work?

Rideshare insurance coverage varies based on the driver’s status in the app. If the driver is logged in and waiting for a ride request, limited coverage applies. If they’re en route to pick up a passenger or actively transporting one, Uber and Lyft typically provide up to $1 million in liability coverage, as well as uninsured/underinsured motorist coverage.

4. How long do I have to file a claim after a rideshare accident in New York?

In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, it’s best to consult an attorney as soon as possible to ensure that all evidence is preserved and that your rights are protected.

5. What damages can I recover after a rideshare accident?

You may be entitled to recover damages for medical expenses, lost wages, pain and suffering, rehabilitation costs, and property damage. In some cases, future medical expenses and lost earning capacity may also be included in your claim.

6. Why should I hire a rideshare accident lawyer?

A skilled rideshare accident lawyer can navigate the complexities of rideshare insurance policies, identify liable parties, and negotiate with insurance companies on your behalf. At Kelner & Kelner, we work tirelessly to secure the maximum compensation for your injuries and handle every aspect of your case so you can focus on healing.

7. How much does it cost to hire a rideshare accident lawyer?

At Kelner & Kelner, we work on a contingency fee basis, meaning you don’t pay any legal fees unless we recover compensation for you. Our goal is to make quality legal representation accessible and to help you achieve justice without financial stress.