Understanding Your Legal Rights After a Rideshare Pedestrian Accident
New York City is one of the busiest urban centers in the world, with millions of pedestrians sharing the streets with vehicles, including those operated by rideshare services like Uber and Lyft. While rideshare companies provide a convenient transportation alternative, their presence has also led to an increase in pedestrian accidents. Whether due to distracted driving, speeding, or failure to yield, pedestrians struck by rideshare vehicles often suffer severe injuries, leading to substantial medical expenses, lost wages, and long-term trauma.
Rideshare companies frequently deny liability, arguing that their drivers are independent contractors rather than employees. This creates a legal challenge for injured pedestrians seeking compensation. Navigating the complexities of insurance coverage and liability in a rideshare accident requires experienced legal representation.
At Parker Waichman LLP, we understand the devastating impact of pedestrian accidents involving rideshare vehicles. Our attorneys are committed to protecting the rights of injured pedestrians and ensuring that rideshare companies and their drivers are held accountable. If you or a loved one has been injured in a rideshare pedestrian accident, call 1-800-YOUR-LAWYER (1-800-968-7529) for a free consultation today. We are ready to fight for the justice and compensation you deserve.
Who Is Liable in a Rideshare Pedestrian Accident?
Determining liability in a pedestrian accident involving a rideshare vehicle can be complicated. The key factor is whether the driver was actively engaged in a rideshare trip at the time of the accident. New York law requires Uber and Lyft to carry different levels of insurance coverage depending on the driver’s status:
- Driver Not Logged into the Rideshare App: If a rideshare driver is not actively using the app, their personal auto insurance policy applies.
- Driver Logged In but Not Transporting a Passenger: In this situation, Uber and Lyft provide liability coverage of up to $75,000 per person for bodily injury and $150,000 per accident.
- Driver Transporting a Passenger or En Route to Pick One Up: Rideshare companies provide $1.25 million in liability coverage, which can be used to compensate injured pedestrians.
Despite these coverage requirements, rideshare companies often try to limit their liability, leaving victims to deal with insurance companies that may undervalue or deny their claims. Having an attorney is critical to ensuring that all available insurance coverage is pursued and that victims receive fair compensation.
The Harm Caused by Rideshare Pedestrian Accidents
Pedestrians struck by rideshare vehicles are at high risk for serious injuries due to the lack of protection between them and a moving car. Common injuries include fractures, traumatic brain injuries, spinal cord damage, and internal organ injuries. These injuries often require extensive medical treatment, rehabilitation, and long-term care, significantly affecting a victim’s quality of life.
Beyond physical injuries, victims frequently experience emotional distress and financial hardship. Lost wages from time off work, ongoing medical expenses, and permanent disabilities can create overwhelming burdens for accident victims and their families. When a pedestrian is killed in a rideshare accident, surviving family members face additional emotional and financial challenges, including funeral costs and loss of income.
Filing a Rideshare Pedestrian Accident Lawsuit
Pedestrians injured in rideshare accidents have the right to pursue compensation through a personal injury lawsuit. The process begins with investigating the accident to determine fault, gathering medical records, and identifying all liable parties. Evidence such as surveillance footage, eyewitness testimony, and accident reconstruction reports can strengthen a claim.
A lawsuit may be filed against multiple parties, including the rideshare driver, the rideshare company, or other negligent drivers involved in the accident. Victims must prove that the driver’s negligence directly caused their injuries. Common forms of negligence in rideshare pedestrian accidents include distracted driving, speeding, running red lights, and failing to yield to pedestrians in crosswalks.
New York’s statute of limitations for personal injury claims is three years from the date of the accident. If the accident results in a wrongful death, the victim’s family has two years to file a lawsuit. Acting quickly is essential to preserving evidence and protecting the right to compensation.
Why Victims Need an Attorney
Rideshare companies have legal teams dedicated to minimizing their liability in pedestrian accidents. Without legal representation, victims may struggle to negotiate with insurance companies and risk receiving far less compensation than they deserve. An attorney plays a crucial role in gathering evidence, determining liability, and ensuring that victims receive full financial recovery.
A skilled attorney will review the details of the accident, obtain police reports, interview witnesses, and analyze medical records to build a strong case. They will also handle negotiations with insurance companies and, if necessary, take the case to court to ensure fair compensation.
Compensation Available for Injured Pedestrians
Victims of rideshare pedestrian accidents may be entitled to recover compensation for:
- Medical Expenses: Hospital stays, surgeries, physical therapy, and rehabilitation costs.
- Lost Wages: Compensation for time missed from work and reduced earning capacity.
- Pain and Suffering: Emotional trauma, mental anguish, and long-term physical pain.
- Disability and Disfigurement: Compensation for permanent injuries affecting daily life.
- Wrongful Death Damages: Funeral expenses, loss of income, and loss of companionship for surviving family members.
If you or someone you love has been injured in a rideshare pedestrian accident in New York City, Parker Waichman LLP is ready to help. Our experienced attorneys understand the complexities of rideshare accident cases and are committed to fighting for maximum compensation for our clients.
Contact Parker Waichman LLP for a Free Case Review
Regardless of your location or where your injury occurred, our national personal injury law firm is ready to assist you. Contact us by calling 1-800-YOUR-LAWYER (1-800-968-7529) today for a free, no-obligation consultation. Let us protect your rights and pursue the justice you deserve.
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