Rideshare Accidents Involving Pedestrians In New York
As a personal injury attorney serving clients in Fishkill and throughout the Hudson Valley, I’ve seen firsthand how devastating rideshare accidents involving pedestrians can be. New York streets can be busy, particularly in cities and towns such as Fishkill, Beacon, and Poughkeepsie, where rideshare services like Uber and Lyft are very popular. Unfortunately, with increased rideshare usage, pedestrian accidents involving these vehicles have also increased. If you’ve been injured in such an accident, understanding your rights under New York laws is very important. Knowing the next steps to take and how legal proceedings work can help you significantly.
Pedestrians often suffer serious injuries when involved in collisions with vehicles, particularly in rideshare-related accidents. Broken bones, traumatic brain injuries, spinal cord injuries, and severe lacerations are just some of the serious consequences you might face. Under New York law, pedestrians typically have the right-of-way at crosswalks and intersections. However, proving liability in rideshare accidents can involve complicated factors, especially regarding insurance coverage and driver responsibility.
Liability In Rideshare Accidents Under New York Law
In New York, liability in pedestrian accidents involving rideshare vehicles depends heavily on whether the driver was logged into the rideshare app at the time of the crash. If the rideshare driver was actively transporting a passenger or en route to pick one up, the rideshare company’s insurance usually provides substantial coverage for damages and medical expenses. According to New York Vehicle and Traffic Law §1146, drivers are required to exercise due care to avoid colliding with pedestrians, bicyclists, and other road users.
If the driver was not logged into the rideshare app, their personal insurance policy will primarily be responsible for covering your damages. Unfortunately, personal insurance coverage is often limited compared to rideshare company insurance. That’s why having a knowledgeable rideshare injury lawyer on your side can make a substantial difference in securing fair compensation for your injuries.
New York’s No-Fault Insurance System Explained
New York operates under a no-fault insurance system, which means if you are struck by a rideshare vehicle as a pedestrian, your medical bills and certain other costs will initially be covered by the no-fault insurance of the involved vehicle. This applies regardless of who is ultimately at fault. The minimum no-fault coverage required by New York law is $50,000 per person for medical and economic losses.
However, injuries from pedestrian accidents can quickly surpass these minimum limits. When expenses exceed the no-fault coverage or if your injuries meet the threshold of “serious injury” defined under New York Insurance Law §5102(d), you may step outside the no-fault system and pursue additional compensation through a personal injury lawsuit.
Types Of Compensation Available
If your injuries are considered serious under New York law, you could be entitled to compensation beyond basic no-fault benefits. This compensation includes medical expenses, lost wages, loss of earning capacity, pain and suffering, and emotional distress. In cases involving severe injuries or wrongful death, families may also be entitled to additional compensation.
Successfully pursuing these claims requires clearly demonstrating liability and accurately documenting all injuries and losses. It’s crucial to promptly gather medical records, eyewitness accounts, accident reports, and expert testimonies to build a strong case.
What To Do Immediately After A Pedestrian-Rideshare Accident
After being struck by a rideshare vehicle, it’s important to seek immediate medical attention, even if you think your injuries are minor. Injuries such as concussions or internal bleeding may not show immediate symptoms. Getting a medical evaluation creates a vital record linking your injuries directly to the accident, which strengthens your legal claim.
If possible, collect information from the accident scene, including the rideshare driver’s details, witnesses’ contact information, and photos of the accident location and your injuries. Documenting this information early can significantly help your attorney build a solid legal case.
Frequently Asked Questions About Rideshare Accidents In New York
What Should I Do If I’m Hit By An Uber Or Lyft Vehicle In New York?
Immediately seek medical attention and document everything related to your accident and injuries. Report the accident to the police to generate an official report. Also, contact an experienced personal injury attorney who can guide you through the legal process and help protect your rights to compensation.
Can I Sue The Rideshare Company Directly For My Injuries?
Generally, rideshare drivers are considered independent contractors, making it challenging to sue the companies directly. However, rideshare companies are required to provide significant liability coverage when drivers are logged into the app and either carrying or heading to pick up a passenger. A lawyer can help determine the most appropriate strategy for your specific situation.
What Is The Deadline To File A Pedestrian Accident Lawsuit In New York?
In New York, the statute of limitations for personal injury claims, including pedestrian accidents, is typically three years from the date of the accident. It’s essential to contact a lawyer promptly to ensure you don’t miss critical deadlines that could prevent you from recovering compensation.
How Do I Prove The Rideshare Driver Was At Fault?
Proving fault involves gathering evidence like police reports, witness statements, driver logs, and traffic camera footage. An experienced personal injury attorney can conduct a thorough investigation and present compelling evidence to support your case effectively.
Will My Case Go To Court, Or Can It Be Settled?
Many personal injury cases settle out of court. However, if the rideshare company’s insurer doesn’t offer a fair settlement, it may be necessary to go to trial. A skilled attorney will advocate vigorously to achieve the best possible outcome, whether through settlement or court proceedings.
Jonna Spilbor Law: Protecting Your Rights After A Pedestrian Accident
At Jonna Spilbor Law, we understand how challenging recovering from a rideshare accident can be, especially as a pedestrian. Our legal team has significant experience securing just compensation for injury victims throughout the Hudson Valley. We thoroughly investigate each case, clearly explain your legal rights, and work relentlessly to hold the responsible parties accountable.
We offer experienced, compassionate legal representation, standing firmly with you every step of the way. Our firm’s mission is to alleviate the stress associated with medical bills, insurance claims, and legal procedures, allowing you to focus on recovery.
Going to Bat For Our Clients Since 1993!
If you’ve been injured as a pedestrian in a rideshare accident, don’t hesitate to call Jonna Spilbor Law today. Our experienced personal injury team is ready to provide you with personalized legal guidance. To receive your free consultation, please contact our Fishkill personal injury lawyers by calling us at (845) 485-2529. We proudly represent clients throughout the Hudson Valley, including Dutchess County and Putnam County, ensuring you have strong legal advocacy when you need it most.
