NYC Rideshare Accidents

A 2023 study found that New York City rideshare services have a higher risk of resulting in injury crashes than yellow taxis, raising serious concerns about the safety of this popular ridesharing service. In response to the growing number of rideshare passengers, drivers, and vehicles in the city, NYC has instituted its own laws concerning these vehicles.

When a rideshare passenger or pedestrian is hurt in an accident, there are many questions about who pays for the victim’s medical bills and damages. In years past, rideshare companies have shirked responsibility for serious car accidents caused by their drivers, but the companies finally initiated insurance policies to protect ridesharing occupants.

If you or a loved one was injured in a rideshare accident in New York City, pursuing compensation for your medical expenses and accident-related damages is an important aspect of your recovery.

Whether your own vehicle was hit by a rideshare driver, you were a paying passenger at the time of the crash, or you were a pedestrian struck by a rideshare driver, our New York City rideshare accident lawyers can protect your rights to the money damages you deserve.

What Are the Most Common Causes of Rideshare Accidents in NYC?

There are many causes of rideshare accidents in NYC, including:

Distracted Driving

Distracted driving is among the most common causes of all car accidents, and rideshare drivers are more prone to distraction than others behind the wheel. That is because their entire business model relies on using a smartphone in traffic.

Under New York City law, motorists cannot talk or text on any electronic device while driving. Rideshare services mandate that drivers only use their app when the car is parked or legally standing. The law is widely flouted, and especially so when work and income depend on smartphone use.

An NYC rideshare accident lawyer will determine whether the accident occurred when the driver was on or off-duty. If the driver was off-duty, his or her personal insurance policy (rather than the rideshare company’s insurance) should cover damages such as medical expenses and lost wages.

Driving Under the Influence

Keep in mind that rideshare drivers are independent contractors and not employees of the companies for which they drive. There is little supervision of these drivers, and some may drink or use drugs before working or between fares. There is no regular screening of drivers for drug or alcohol use.

Fatigued Driving

Any rideshare driver putting in many hours is vulnerable to driving while fatigued. Not only does fatigue affect driver perception and response, it may cause them to fall asleep at the wheel. Research has shown that fatigued driving is as dangerous as driving while under the influence.

While Uber and Lyft limit the number of hours a driver may spend working, with mandatory breaks before the next shift, they still spend many hours on the road.

Speeding

Speeding is a factor in a large percentage of car accidents. A rideshare driver hurrying to pick up a passenger may ignore speed limits.

Speeding may result in the driver losing control of the car.

Running Red Lights and Stop Signs

Far too many drivers speed up when the light is yellow, or simply run through a red light or stop sign. The resulting car crashes are often catastrophic. So-called “T-bone” side-impact collisions are a frequent outcome of running lights and stop signs.

Failure to Yield

Failure to yield the right of way is a major cause of pedestrian fatalities and injuries.

Tailgating

Rear-end accidents often occur due to tailgating. New York City’s stop-and-go traffic inadvertently encourages some tailgating. Traveling too close to another vehicle is even more dangerous when the weather is inclement or road conditions wet or icy.

Unsafe Lane Changes

Unsafe lane changes, or improper passing, in city traffic are frequent causes of serious accidents.

Poor Vehicle Maintenance

Poor vehicle maintenance is the reason for many crashes and injuries. Brakes fail, tires blow out, and even a cracked windshield can disrupt the driver’s sightlines. Keep in mind that Uber and Lyft do not inspect these vehicles, and maintenance is the owner’s responsibility. Uber and Lyft simply require a car in good condition with no cosmetic damage.

Inexperienced Drivers

Driving in New York City is not for the faint of heart. It is a tough town for any motorist, especially one with little experience. Unfortunately, drivers do not need a lot of experience to contract with ridesharing services.

For example, Uber allows drivers as young as 21 to work for them. At this age, relatively few drivers are truly experienced.

What Happens if I’m Struck by a Rideshare Vehicle While Walking?

Pedestrian accidents are often serious or deadly. While you are recuperating, the last thing you want to do is argue with an insurance carrier. When a rideshare driver hits you, whether their personal car insurance policy or that of Uber or Lyft applies is often complicated. That is one reason you should obtain legal counsel as soon as possible.

Many pedestrians are too badly hurt to do anything at the accident scene except wait for first responders. If you are able, call the police right away and report the incident.

Use your phone to take photos and videos of the accident scene. Record the damage to the car and your injuries. Photograph the street conditions and the location. If you’re not capable of doing this, ask a friend or even someone stopping to help you to undertake this critical task.

Get the contact information for the driver, including their name, address, phone number, driver’s license number, insurance carrier, and Uber or Lyft identification.

Always go to the hospital immediately. Do not hesitate, even if you do not think you were hurt. Many injuries do not appear for several hours after an accident. Delaying a trip to the emergency room or an urgent care center can endanger your life and harm your claim.  

Who Is Liable for a Rideshare Accident?

When you’re injured in a rideshare accident, the first step toward recovering compensation is determining who is liable for your injuries. Unfortunately, the answer can be complex. 

Whether or not the driver is liable often depends on the specific circumstances of the accident. To make matters even more confusing, the courts can’t come to a consensus about whether rideshare drivers are independent contractors or actual employees of the rideshare company. 

Here are some of the factors that may affect your case:

  • The driver was not in driving mode. If the driver is not active on their rideshare app, they are not in driving mode and are not considered to be working for the rideshare company. This means that the rideshare company is not liable for any injuries that occur in an accident. Instead, the driver is solely responsible if they were negligent in some way. For example, if the driver was speeding, they could be held liable for any injuries sustained in an accident.
  • The driver was waiting for a ride request. If the driver was waiting for a ride request, they are working for the rideshare company. This means that the rideshare service may cover damages for the accident and injuries. However, the driver could still be held solely liable if they were negligent in some way, e.g., texting while operating their vehicle.
  • The driver was in driving mode. When a driver is using the rideshare app, they are in driving mode and working for the rideshare company. This means Uber and Lyft’s umbrella insurance policies could enable you to receive maximum compensation for your damages. 

Who Do I Sue If I’ve Been Injured in a New York City Rideshare Accident?

If you were seriously injured in a New York City rideshare accident, who you may sue depends on the circumstances. Because New York is a no-fault auto insurance state, you would usually file your claim with your own insurance company. However, if your injuries are severe, including fractures, you would then file a claim against the rideshare company.

The rideshare driver is not necessarily the only negligent party in a car crash and may not even prove negligent at all. Depending on the situation, other parties may prove partially or fully liable. This may include:

  • Other drivers
  • Government entities
  • Vehicle manufacturer
  • Repair facilities

While another driver may have contributed to the accident, the same holds for government entities. For example, if the accident occurred because of poor road conditions, the city may have liability.

How a New York Rideshare Accident Lawyer Can Help

Our veteran attorneys understand the complex ridesharing insurance laws in NYC, and regularly produce extraordinary results for complicated rideshare injury cases. Find out how we can help you recover the monetary damages you are rightfully owed. Discuss your case with New York City car accident lawyers who have a proven track record of winning high-value settlements.

Unless you have previous experience in the auto claims industry, you likely cannot correctly evaluate your own claim. After a serious injury, you are probably owed more than just the sum of your medical bills– some or most of the compensation you are entitled to might not be immediately apparent.

Your attorney can negotiate with insurance companies so that you do not have to. Insurers will often try to take advantage of accident victims who do not have legal counsel. Further, their adjusters will frequently attempt to settle these claims for much less than they are worth. You should be able to rely on the experience and skill of your attorney to force the insurance companies to deal with you fairly.

By retaining an experienced attorney, you level the playing field immediately. Our legal team will investigate the accident, identify all liable parties, and reduce the stress and burden that litigation can place on accident victims.

What Is the Statute of Limitations on a Rideshare Accident Claim in NYC?

In most cases, the statute of limitations for filing an NYC rideshare accident lawsuit is three years from the date of the accident. However, exceptions exist for special circumstances, such as fatalities or injuries to a minor.

  1. When the Crash Causes a Fatality: In such cases, the decedent’s family has two years from the date of the passing in which to file a wrongful death lawsuit.
  2. When the Victim of the Crash Is a Minor: In such cases, the accident victim has three years from the date of his or her 18th birthday in which to file a lawsuit.

Although the statute of limitations gives you years to file a claim, it’s important to act right away. The longer you wait, the more roadblocks you’ll face in winning your case. Here’s why:

  • Evidence has a “shelf life.” Skid marks fade, witnesses forget, and documentation is destroyed or misfiled.
  • Life happens. Other priorities, such as focusing on your recovery, can force you to put off legal action until it’s too late.
  • Winning your case is only the first step. You must then seek to collect the damages, which adds to the amount of time it takes to achieve resolution.

How Long Will My NYC Rideshare Accident Case Take?

A relatively uncomplicated case may be concluded within six months if the parties quickly reach an understanding about who was at fault, how severe the injuries were, and any other issues that may come up. When the parties do not cooperate or cannot agree on liability or damages, the case may require a greater investment of time, sometimes taking two or more years to conclude.

Once liability and damages are clear, a case can most likely be settled voluntarily. In some situations, there may be a complicated legal argument that needs a judge’s intervention.

Will I Have to Go to Court After My Rideshare accident in New York City?

If you have been injured in a car accident involving a rideshare vehicle and your case settles, then you will not have to go to court. However, if you and the other party are unable to reach a settlement, your case will go to trial, and you will have to go to court. 

For people with a strong desire to avoid going to court, the good news is that most cases for an rideshare accidents do not end up going to court because the parties agree on a settlement before trial. However, the bad news is that many settlement offers are much lower than what you would be able to win if you stayed the course and took the case to trial. 

There is always an element of risk when you go to trial, so there are no guarantees of the result of the trial. Your personal injury attorney’s job is to drive the price of that settlement offer as high as possible so you can hopefully get a good deal in a settlement and avoid going to trial.

Will I Have to Pay Taxes on My NYC Rideshare Accident Settlement?

For the most part, the damages paid to you to compensate for your property losses and injuries after an NYC rideshare accident are not taxable under federal or New York State law. However, this general rule is subject to exceptions. 

In all personal injury cases, only a few categories of damages will be subject to taxation:

  • Punitive damages, which are awarded only where a negligent party’s conduct is intentional or egregious
  • Compensation for non-physical or emotional injuries, e.g., where a rideshare passenger was not physically hurt but witnessed someone else’s serious injury
  • Interest that accrues when damages are not immediately compensated or are paid over a period of time.

Rideshare Accident Liability Insurance in NYC

Rideshare drivers in New York City have different insurance requirements than the rest of the state. All rideshares are now regulated by the NYC Taxi and Limousine Commission, which requires each vehicle to have a commercial insurance policy.

The minimum coverage for rideshare vehicles in NYC is as follows:

  • Bodily Injury Liability (BIL): $100,000 per person per accident and $300,000 for all
    persons in a single accident
  • Bodily Injury Liability (BIL) Death Benefits: $50,000 per person killed in a
    single accident and $100,000 for all persons killed per accident
  • Property Damage Liability: $10,000 for a single accident
  • Personal Injury Protection (PIP) / No-Fault Insurance: $200,000 for a single
    accident
  • Uninsured Motorist Bodily Injury (UMBI): $25,000 per person and $50,000 for a single accident

Like any vehicle accident case in New York, injury victims must first exhaust the benefits of the Personal Injury Protection (PIP) insurance policy before filing a claim through the rideshare driver’s commercial liability insurance policy.

How Will I Pay My Medical Bills After an NYC Rideshare Accident?

Rideshare passengers are entitled to reimbursement for their medical bills from the no-fault insurance policies covering the rideshare driver’s vehicle. At Douglas & London, we fight to recover the full amount of medical bills and all other damages our clients face following a rideshare accident. 

What Are the Most Common Injuries Suffered in Rideshare Accidents?

A rideshare accident can cause injuries to any part of the body, including the head, face, torso, and extremities. Injuries can range from minor to severe, and sometimes permanent partial or total disability can result.

Common Types of Trauma in Rideshare Accidents

It’s quite common for a rideshare accident victim to suffer from polytrauma. This refers to multiple types of trauma or injuries, and may include:

  • Blunt Force Trauma: This occurs when the body is subjected to a forceful impact from a blunt object that does not penetrate the skin. For example, your head may be thrust into the airbag, or your body may be thrown against the dashboard.
  • Penetrating Trauma: This involves the penetration of the skin. In a rideshare accident, this is usually caused by splintered metal or shattered windshield glass. It can also be inflicted by objects within the car are forcefully projected through the air when the impact occurs.
  • Internal Trauma: During an accident, the rideshare car forcefully decelerates when it strikes another car or other object. This can result in internal trauma to your internal organs.

Common Types of Injuries Sustained in Rideshare Accidents

Given the widespread effects of sudden deceleration in an accident, it’s not surprising that many types of injuries can result. Victims may experience any of the following:

  • Traumatic Brain Injuries (TBIs): A traumatic brain injury can range from a mild concussion to severe brain damage that may result in coma or death. Moderate to severe TBIs can have permanent effects on a person’s behavioral, cognitive, and emotional health, as well as their sensory perceptions.

Even when a TBI is relatively mild, the symptoms may linger for a long time. During the recovery time, it’s critical that the patient avoid “close work,” such as using computers. This can significantly limit a person’s ability to work.

  • Whiplash: Whiplash is a soft tissue injury that affects the neck. The neck is a complex structure of ligaments, tendons, muscles, and nerves. When these soft tissues become hyperextended, they can tear or stretch, resulting in the neck stiffness and pain that is characteristic of whiplash. Neurological symptoms like headaches, dizziness, and tinnitus can also result.
  • Extremity Injuries: The arms, legs, hands, and feet are commonly injured in rideshare accidents. Sometimes, this occurs as a person throws up their arms in an attempt to shield their bodies from harm. Lacerations, broken bones, and sprains are a few examples of extremity injuries.

These are just a few examples of the most common injuries sustained in rideshare accidents. It’s always important to keep track of your symptoms, diagnoses, and medical treatments throughout your recovery and to keep your personal injury lawyer informed of the latest developments.

Serious Injury Threshold in New York State

Rideshare accident victims in NYC who suffer a serious injury that meets the requirements of NY State Insurance Law Article 51, and whose medical expenses and losses exceed $50,000, can file a claim with the assistance of New York City personal injury lawyers at Douglas & London.

A viable lawsuit may be warranted for those who sustained the following serious injuries in a rideshare accident:

  • Fracture
  • The loss of a fetus
  • Dismemberment
  • Significant disfigurement
  • Permanent loss or limitation of use of a body organ, member, function, or system
  • Significant limitation of use of a body function or system
  • A “medically determined injury or impairment” that prevents the victim from performing all of the material acts which constitute their usual and customary daily activities for not less than 90 days during the 180 days following the accident

Proving a serious injury is often challenging, but our New York rideshare accident lawyers have ample experience dealing with reticent insurance companies and are dedicated to helping clients maximize their recovery.

Types of Compensation Available to Rideshare Accident Victims

If you do not meet the serious injury threshold and must secure compensation from an insurance carrier, you will be compensated for your accident-related medical expenses. These may include diagnostic and treatment costs, hospitalization, and pharmacy expenses.

It may also include the cost of physical rehabilitation—as well as compensation for your lost wages. You will need to submit proof of your employment along with a doctor’s verification that your accident injuries prevented you from working.

If you meet the serious injury threshold and choose to file a lawsuit, you could receive other types of compensation. In addition to being reimbursed for your medical expenses and lost wages, you might also sue for pain and suffering caused by your injuries.

It’s also possible to pursue compensation for loss of enjoyment of life and loss of consortium. These types of non-economic damages are only recoverable if you file a rideshare accident lawsuit. They are not available for victims who recover reimbursement from an insurance claim.

What to Do After a Rideshare Car Accident

If you are in an accident with a rideshare driver, regardless if you are a passenger or driver of another vehicle, make sure you are evaluated for any injuries. Serious injuries like concussions, internal bleeding, and soft tissue damage can go undetected without prompt medical attention.

Notify Authorities

After a rideshare accident, call 911 if anyone appears injured, even if the injury does not appear serious. If the driver has not notified the police, make the call yourself to report the collision to law enforcement. In addition to notifying police and first responders, report the crash to Uber or Lyft. If there is no record of the accident with the rideshare companies, their insurers may try to deny or fight your claim.

Get Medical Attention

After a rideshare accident, your health should always be the first priority. Even if you don’t feel seriously injured, symptoms of head trauma, internal bleeding, or soft tissue damage can appear hours—or even days—later. That’s why it’s important to see a doctor right away, both for your well-being and to create a medical record that supports your injury claim.

In New York City, some of the leading hospitals where accident victims often receive emergency care include:

Seeking prompt medical care not only protects your health but also helps ensure your rights are preserved if you decide to pursue a rideshare accident claim.

Document the Crash

Document the scene of the crash by taking photos and video with your smartphone. Report the accident on the rideshare app, and call the police. Try and obtain the contact information of any witnesses, and get a copy of the police accident report. Refrain from providing any recorded statements to insurance claims adjusters before seeking counsel from a personal injury attorney.

Keep track of all medical bills, lost income, and out-of-pocket expenses stemming from your injuries in the weeks and months following your accident. The process of pursuing compensation in a rideshare accident should not be undertaken alone. Your Douglas & London attorney will be able to formulate the smartest strategies for recovering full reparations through the appropriate insurance policies.

Get Eyewitness Information

Eyewitnesses are often vital when it comes to providing evidence about the crash. They may have seen something occupants in the other car were unaware of, such as how fast the vehicle that hit them was moving at the time of impact. What an eyewitness saw may identify which driver was responsible for the collision.

Get the contact information for eyewitnesses, including name and address, personal and work telephone numbers, and email. Ask them about what they saw, and take notes or ask them to record their observations.

Get Any Available Surveillance Video

Many businesses and residences have surveillance video, and that can prove critical to your case. Obtaining such video is just one reason to contact an NYC rideshare accident lawyer or other rideshare attorney right after the collision. The sooner the investigation starts, the more evidence is available. For example, many businesses and residences automatically delete their surveillance videos after 30 days, so time is of the essence.

Request a Copy of the Accident Report

After a rideshare accident in New York City, obtaining the official police accident report is an important step in building your case. This report contains critical details such as the location of the crash, parties involved, witness statements, and the responding officer’s observations. Insurance companies and courts often rely heavily on this document when determining fault and liability.

You can request your accident report directly through the NYPD or by visiting your local precinct. Keep in mind that it may take a few days for the report to become available. If you’re unsure how to obtain it, the attorneys at our firm can assist you with the process to ensure no detail is missed.

Should I Report My Rideshare Accident to the Rideshare Company?

Anyone can file a report with a rideshare company following a crash. As a passenger, you can file one about an accident or another complaint directly from your mobile app. This ensures that the rideshare company is notified of your accident and creates a digital record establishing your potential injury claim.

Once you contact the rideshare company through the app, representatives from the company will follow up with you. Uber and Lyft are known for providing robust insurance coverage for their passengers. In many cases, pedestrians and other motorists could also be entitled to coverage.

The best way to determine if you have the right to compensation through a rideshare insurance policy is by speaking directly with our team of New York City car accident lawyers.

Speak to an Experienced NYC Rideshare Accident Lawyer

Get the legal support and guidance you need after suffering harm in a rideshare accident. Contact Douglas & London to schedule a free, no-obligation consultation with a personal injury lawyer Manhattan residents have come to trust.

We offer client-focused representation to residents throughout the greater NYC metro area. As always, we advance all litigation costs and offer our services on a contingent-fee basis.