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Can You Sue for a Pedestrian Accident with Uber or Lyft?

Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. -

Pedestrian accidents have continued to increase across the United States with each year, as more drivers and pedestrians become distracted by smartphones. When you add the sudden emergence of ridesharing vehicles like Uber and Lyft to the mix, things have the potential to become even more dangerous.

If you’ve been hit by an Uber or Lyft driver while walking down the street, you have legal options to cover your medical bills and other expenses. Whether you need to bring a personal injury claim or negotiate with the insurance provider, our NYC attorneys at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can stand by your side and seek the damages you deserve. Taking an uncomplicated approach to the law, we fight hard for our injured clients and make your needs the first priority.

Understanding Liability in New York

In New York State, there are “no-fault” accident laws in place, which are designed to cover all pedestrians, drivers, motorcyclists, and passengers in the event of an accident. That means you will be working with an insurance provider in most accident cases – but the state does allow you to pursue a lawsuit if you can show that you’ve sustained “catastrophic injuries.”

Catastrophic injuries can include any of the following:

  • Spinal cord injury
  • Paralaplegia and quadriplegia
  • Traumatic Brain Injury (TBI)
  • Loss of motor function
  • Amputation or limb loss
  • Permanent disfigurement or scarring

Because pedestrian accidents are so violent, it’s more than likely that you’ve sustained at least one of the catastrophic injuries listed above. And although drivers and pedestrians do share similar responsibilities out on the road, it’s most likely that the driver would bear the liability in a personal injury lawsuit.

Navigating an Uber or Lyft Accident Claim

The workers who drive for Uber, Lyft, and other ridesharing services are classified as independent contractors, so the law can be a little complicated when it comes to accident liability. While these companies do provide up to $1 million in injury coverage for their drivers, they refuse all liability if the driver was not working at the time of their accident, and the driver will be solely responsible for your injuries.

If the ridesharing driver was passively waiting for a new rider to accept, the company's insurance policy may cover them, and Uber and Lyft will provide liability coverage up to $50,000 per person and $100,000 per accident. Of course, this usually isn’t enough to cover the kind of catastrophic injuries sustained in a pedestrian accident.

Seek Help from a Qualified Attorney

In any car accident case, it’s a good idea to at least chat with a seasoned attorney. That’s especially true when the other driver was working for a ridesharing company. Our accident lawyers are well-versed in this area of the law, and we can help you determinine exactly where liability falls. Committed to our clients, we're ready to take on any challenge and win.

If you need assistance in NYC, don’t hesitate to call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. at (646) 681-7055 today.

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