The Role Of Rideshare Driver Background Checks In Accident Liability In New York
As a car accident attorney in Poughkeepsie, I frequently handle cases involving rideshare accidents. Rideshare services like Uber and Lyft are common throughout the Hudson Valley, making it convenient to travel, but this convenience also raises important questions about safety. One key issue is the background checks that rideshare companies conduct on their drivers. When accidents happen, questions arise about how thorough these background checks are and whether negligence in screening drivers can affect liability.
New York law places a duty of care on all drivers, including rideshare drivers, to operate vehicles safely. When rideshare companies like Uber or Lyft fail to properly screen their drivers, they can end up hiring drivers who have dangerous driving histories, potentially putting passengers at risk. This scenario opens the door for victims to seek damages not only from the driver but also from the rideshare company itself. As an attorney handling such cases, I examine closely whether rideshare companies have fulfilled their responsibilities under New York’s rideshare laws.
Understanding Background Check Requirements For Rideshare Drivers
In New York, rideshare companies must perform thorough background checks. The law requires rideshare companies to review the driving records of potential drivers and check for serious violations such as DUI convictions, reckless driving, and speeding offenses. Moreover, criminal background checks must reveal if the driver has any convictions that could pose risks to passengers. Unfortunately, despite these legal obligations, some rideshare companies fall short, potentially hiring drivers who should never have been permitted to transport passengers.
When a rideshare driver is involved in an accident, one of the first things I investigate is whether the company conducted an adequate background check. If I find that a driver was hired despite clear red flags in their background, I may argue that the rideshare company shares liability for the accident. This argument hinges on the concept of “negligent hiring,” a well-established legal principle in New York law.
How Negligent Hiring Influences Liability In New York Car Accident Cases
Negligent hiring occurs when a company fails to reasonably screen employees, which can directly contribute to harm. For rideshare companies, negligent hiring can lead to severe legal and financial consequences. Under New York’s negligent hiring laws, an injured party can seek compensation from the rideshare company if it is proven that the company’s inadequate background checks contributed to the accident.
For instance, if a rideshare driver with multiple previous DUIs causes an accident due to intoxication, and it is clear the company failed to check or disregarded their driving record, the rideshare company can be held financially responsible. This includes damages for medical expenses, lost wages, pain and suffering, and other accident-related losses. As your attorney, my goal is always to ensure you obtain full compensation by holding responsible parties accountable.
New York’s Comparative Negligence Law And Its Impact On Your Case
New York follows the “pure comparative negligence” rule, defined under Civil Practice Law and Rules (CPLR) §1411. This means that even if an injured party shares some fault for an accident, they can still recover damages proportionate to the other party’s fault. In rideshare cases involving negligent hiring, comparative negligence can still apply. Suppose evidence shows that the rideshare driver and their company bear the majority of responsibility due to improper screening practices. In that case, even if you, as the victim, had minor contributing factors, you remain eligible for significant compensation.
This principle underscores the importance of thoroughly investigating every aspect of your accident. Part of my role is meticulously examining the circumstances surrounding your accident to establish clearly who bears responsibility and to ensure that any liability assigned to you accurately reflects the facts.
Frequently Asked Questions About Rideshare Accidents And Liability In New York
Who Is Responsible If My Uber Driver Causes An Accident?
When your Uber driver causes an accident, both the driver and Uber can be responsible. Uber carries commercial insurance that covers injuries sustained by passengers during a ride. If inadequate driver screening contributed to the accident, Uber itself might be found liable for negligent hiring, increasing your potential recovery amount.
What Should I Do Immediately Following A Rideshare Accident?
After a rideshare accident, prioritize your safety. Seek medical treatment right away, even if injuries seem minor. Document the scene, gather contact information from witnesses, and report the incident to the police. Do not provide extensive statements to insurance companies without first consulting with a qualified attorney who can protect your legal interests.
Can I Sue Lyft If Their Driver Had A Poor Driving Record?
Yes. If Lyft hires a driver despite clear signs of a dangerous driving record, such as DUI convictions or repeated traffic offenses, the company may be liable under negligent hiring laws. Your case strengthens if you demonstrate Lyft’s failure to conduct adequate background checks.
How Long Do I Have To File A Rideshare Accident Lawsuit In New York?
Under New York law, the statute of limitations for filing a personal injury lawsuit related to a car accident is generally three years from the date of the accident (CPLR §214). Missing this deadline could bar your claim entirely, so it’s crucial to consult a lawyer as soon as possible.
What Type Of Compensation Can I Recover From A Rideshare Accident?
Compensation in rideshare accident cases typically includes medical bills, lost wages, reduced earning capacity, property damage, pain and suffering, and sometimes punitive damages. The total amount depends on the specific details of your case and the extent of your injuries.
Going to Bat For Our Clients Since 1993!
At Jonna Spilbor Law, we understand the challenges that arise following rideshare accidents. Our legal team is committed to aggressively advocating for victims throughout the Hudson Valley, Dutchess County, and Putnam County. Whether your injuries occurred due to a negligent rideshare driver or due to a rideshare company’s inadequate hiring practices, we can help.
If you or a loved one has been injured in a rideshare accident, do not wait. Contact Jonna Spilbor Law for a comprehensive evaluation of your case. We offer free consultations and will thoroughly review your claim to determine the best legal strategy moving forward.
To schedule your free consultation, please contact our Fishkill car accident lawyer by calling us at (845) 485-2529. At Jonna Spilbor Law, we stand ready to fight for the justice and compensation you deserve.
