Queens Uber & Lyft Accident Attorney
Uber and Lyft accidents are frightening and confusing. Understanding who is at fault and what your rights are as an injured passenger is difficult in this relatively new industry of peer-to-peer ridesharing services. When Uber and Lyft drivers don’t provide for the reasonable care of passengers, resulting in a car accident, the victim(s) can file a claim against the company for negligence.
Uber and Lyft vs. Standard Taxi Services
Neither Uber nor Lyft uses law enforcement or fingerprinting to conduct background checks on their drivers. They don’t bother to meet with drivers before hiring them and only look seven years into their backgrounds before approving them to ferry clients. These ridesharing services’ lax hiring processes lead to many dangerous and harmful drivers behind the wheel, with criminal and crash histories.
In the mere couple of years since Uber and Lyft have been around, there have been 30 alleged assaults by drivers, 120 alleged sexual assaults and harassments by drivers, and 15 deaths at the hands of drivers. Many more accidents have resulted in serious injuries and property damage. It’s clear that ridesharing safety regulations have room for improvement, and innocent riders are the ones paying the price. Uber and Lyft injuries and deaths have been the result of driver inattention, driving under the influence, and driver negligence.
Unlike a typical taxicab service, Uber and Lyft are peer-to-peer services that follow different rules and regulations than regulated taxicabs. These companies carry insurances that can help protect them from liability in the event of an accident. When these companies hire negligent or dangerous drivers, who in turn cause harmful traffic accidents, the situation is different.
Ridesharing Laws in New York
Ridesharing is a relatively new concept, and states are still working to pass legislation concerning Uber and Lyft accidents. In New York, ridesharing is now legal throughout the state instead of just in New York City. This most likely means an increase in ridesharing injuries and deaths throughout the state. Victims of Uber and Lyft accidents have a few laws regarding how and if they can recover compensation from an accident.
As with any car accident case in NY, a victim must suffer injuries that meet the serious injury threshold in our state to file a personal injury claim, according to our no-fault rule. If injuries do not meet the minimum requirements, the victim can only get a settlement through an insurance company regardless of whether the Uber/Lyft driver was at fault. If your injuries qualify as an exception to the no-fault rule, you can take the negligent driver to court on the basis of negligence.
Uber and Lyft drivers can design their own schedules, meaning they can work as much as they wish. Many of these drivers overwork themselves to make more money, even when it’s unsafe to do so. Drowsy driving can easily lead to driver inattention and car accidents. Uber and Lyft drivers also operate their services through their mobile devices, which can present a distraction. When a driver takes his or her eyes away from the road to answer a new passenger request, passengers currently in the vehicle are at risk. DUI and DWI are also potential negligence threats.
How to File a Claim Against Uber or Lyft in Queens
With Uber and Lyft, it’s difficult to know who’s driving you. There is a certain level of risk with any taxi service, but peer-to-peer companies pose special threats due to inadequate driver checks and training. If you’ve been involved in an Uber or Lyft accident in Queens, you may be able to sue the driver, the company, or both. Contact Omrani & Taub, P.C., to speak with an experienced Queens personal injury attorney who is up to date on the latest ridesharing laws. For a free consultation, call (718) 714-1515 today.