Uber Accident Lawyers in Buffalo, NY
As one of the most popular ridesharing companies, Uber has had a considerable impact on the way people travel worldwide and here in western New York State. However, Uber drivers can also be involved in a collision like any other driver. What do you do after a rideshare accident? As a passenger, you may be hurt, worried, and unsure of what to do next. Our dedicated Uber accident lawyers can help.
I Was a Passenger in an Uber Accident. What Now?
Even if you’re not the driver, you still should call 911 after the accident. In New York, it’s illegal not to report a traffic accident.
Plus, even if you don’t feel like you got hurt, you should still seek medical attention. Right after an accident, your body releases adrenaline, which can mask some of the pain from injuries you received.
After calling 911, take these steps to protect yourself:
- Report the accident to the local police
- Exchange information—such as license plate numbers—with everyone involved
- Take photos or a video of the scene, if you’re able to
- Once the police and emergency medical services arrive, pay close attention to any information that you see and hear
- Get copies of your EMS and hospital treatment reports
- Ask for a copy of the police report or find out how to request one online
- Get follow-up medical care, as directed by the first responders
- Contact Uber accident lawyers in western New York
If you were in a rideshare accident, you might be able to claim damages for any injuries you received and property damage you incurred. Uber accident lawyers can help.
Who Is Responsible for an Uber Accident in New York?
Rideshare laws can be complicated, and legislation is still catching up to technology. New statutes and changes to existing ones happen all of the time, so it’s essential to have experienced Uber accident lawyers representing you.
Uber drivers are classified into three categories, and their liability after an accident depends on their classification:
- Off-duty and not logged into the app
- Logged in and waiting for a fare
- Logged in and actively transporting a passenger
Responsibility for an accident is based on negligence. Determining the responsible party will depend on establishing whether their actions caused the accident or if they could have prevented the accident. Some common forms of personal negligence that lead to a collision are:
- Operating a phone while driving, including using the Uber app
- Violating posted speed limits
- Driving under the influence of alcohol or drugs
- Failing to obey traffic signage, like running a red light or stop sign
When you hire Uber accident lawyers in New York, it’s essential to give them all of the information you remember about your driver’s actions, including if you saw them engage in negligent activity or if the other driver was engaged in negligent activity.
Can I Sue Uber After My Accident?
Holding Uber directly responsible for your accident and any damages can be tricky, as any Uber accident lawyer can tell you. This is because of how Uber classifies its drivers. They aren’t direct employees of Uber but rather independent contractors.
If the driver isn’t logged into the Uber app, they’re considered on their own time, and their personal auto insurance policy will cover any damages.
However, if the driver is logged into the app and is awaiting their fare or actively transporting a customer—that is a different scenario. At that point, your Uber accident lawyers may list the company as a defendant in the lawsuit, in addition to the driver and possibly the other party involved in the collision.
In order for your western New York Uber accident lawyers to sue Uber, they’ll have to claim the company itself was negligent. This typically is established in how the company screens, trains, and supervises its drivers.
For example, if Uber didn’t do due diligence when hiring and approved drivers with a DUI on their record, the company could be considered negligent.
How Will My Lawyer Prove Negligence?
Remember the reports we said to collect earlier? This is an important part of how your Uber accident lawyers will demonstrate negligence in your lawsuit. A police report often determines who was at fault for the accident, and witness reports corroborate any negligent actions. Anything you’re able to recall from the accident will help your case.
This is why it’s crucial to hire Uber accident lawyers as soon as possible after your accident. While you’re likely in pain and not thinking about a lawsuit, the quicker your attorneys can start gathering evidence—while it’s fresh—the stronger your case for damages will be.
What Compensation Can I Receive?
The kind of compensation and how much you’ll receive after an accident depends on a few things. In New York, Uber accident lawyers may seek damages in three categories:
Economic damages are those that can be directly established monetarily. This can include your medical bills and aftercare, the money it will take to repair or replace your property (such as fixing your car), and wages you didn’t earn because you missed work due to the accident.
Non-economic damages include emotional trauma or mental anguish you experience after the accident. Or, if the injuries from the accident caused you to have a diminished quality of life or disfigurement, you’ll receive non-economic damages for that, too.
Punitive damages may be assessed against Uber if your Uber accident lawyers found that the company was negligent in its hiring or supervisory procedures. Punitive damages are intended to be a financial consequence for the company to deter it from engaging in negligent practices again.
Your Uber accident lawyers will explain how much they’ll seek on your behalf and how they arrived at the amounts for each category. Generally, if the car accident was severe, or if your quality of life dramatically changed, you’ll have damages in higher amounts than you would if you simply had a bruise or a fender bender.
How Long Do I Have to File a Claim After My Uber Accident in New York?
Another reason to consult with Uber accident lawyers right away is that there’s a short time frame in which you can file a claim against the other driver, your driver, or Uber. This is called the statute of limitations. If you miss that deadline, the court will likely dismiss your case.
In New York, the statute of limitations for an Uber accident claim is three years from the date of the accident.
Schedule A Free Consultation Today
Seeking damages after an Uber accident can be complicated and confusing, and New York accident laws may make it challenging to recoup damages from the other driver or Uber.
Plus, the insurance companies for the at-fault parties may deny your claim outright or offer a settlement that doesn’t even cover your medical bills. In this difficult time, you need an attorney who knows the law and can advocate for you.
The Law Offices of Kenneth Hiller, PLLC, have skilled Uber accident lawyers who can help. We have years of experience defending the interests of clients just like you who were involved in an Uber accident. Call us today for a free consultation!