Rideshare companies have invaded the United States and many other countries. It's a popular way to get around, even in cities with good public transportation, like New York.
These companies like Lyft and Uber started operating in 2009-2012, but it was not until 2011-2014 that they started working in New York. However, they faced challenges due to existing taxi regulations.
Now, for-hire services are regulated by the Taxi and Limousine Commission (TLC) and must comply with specific rules.
This new type of transportation created a gap of unknown situations regarding the law and liabilities. Many wondered what would happen if that drive became a Bronx Lyft accident.
People were concerned about who would be liable for passengers' injuries. Therefore, the authorities created laws to regulate these rideshare services with the TLC regulation.
The Bronx has a big transportation system, so fewer people own cars there compared to other states. However, there is still a market for this rideshare company to get thousands of rides from people who believe the service is easy and convenient.
A driver who uses the Lyft app to provide services is not an employee of this company but an independent contractor. That means the driver is responsible for any accident in their car.
Although there are advances where the Unemployment Insurance Appeal Board of New York State tries to prove that the Lyft company exercises enough control over the drivers, it could be considered an employer-employee relationship.
Common Causes of Lyft Accidents
Indeed, millions of vehicles operate as Lyft vehicles at this moment, and car accidents will inevitably occur. Because drivers are still humans, they can make mistakes or engage in negligent behaviors that endanger their passengers.
Distracted driving is a common cause of accidents, causing millions of accidents a year. We can bring cell phones and other devices into the conversation when discussing an essential distraction.
We all know that to use this service, people need to engage their phones and find a driver over the app. Drivers use their phones to find passengers. This distracts them because they may still be driving when they accept or decline new requests.
When a Lyft driver is notified of a new passenger, they must hurry to the pickup place to make a good impression. These drivers are known for being punctual, but some people may be impatient and want them to arrive quickly.
If they don't, they usually receive a terrible score that will affect future rides. Therefore, drivers generally speed occasionally to get a good review from their passengers.
Another cause of accidents is the pickup places. People usually ask for this service in areas that may not be qualified. Many rideshare drivers rely on their GPS to tell them where to drive, but we all know these devices can make mistakes.
Picking up a passenger in a place where it's not safe may cause an accident that can endanger their lives.
Fatigue driving is another factor. Many people have more than one job. If they also drive, their risk of being in a Lyft accident in the Bronx is high.
Lyft has implemented a solution to prevent drivers from exceeding working hours. After 12 hours in driver mode, they must take a 6-hour break. Driving for 12 hours is a long time. However, it does not necessarily imply that they were working before or that they will start driving tired.
The role of the Lyft app and the driver's status at the time of the accident
When an accident involving a Lyft driver, it is essential to understand your place as a passenger to navigate your legal options. Does Lyft cover accidents?
The Lyft app plays a pivotal role as it signifies different phases of the ride. Their auto insurance generally applies when the driver is offline and not actively using the app for ride requests.
However, as soon as the driver logs into the app and becomes available for rides, Lyft's contingent liability coverage comes into effect. This coverage can offer compensation for bodily injuries and property damage if the driver is at fault for the accident.
The driver's status is significant in determining the level of coverage applicable. If the driver accepts a ride request and is en route to pick up a passenger, Lyft's higher liability coverage typically applies.
This coverage remains active until the passenger exits the vehicle. If the driver is logged into the app but hasn't accepted a ride, a lower level of coverage might apply, mainly focusing on liability coverage for third-party injuries.
Legal Aspects of Lyft Accidents
When it comes to Lyft accidents, liability is often determined by a careful analysis of the circumstances surrounding the incident. Here's a breakdown of how the penalty is typically assessed and how insurance coverage plays a role, all regulated by the NYC Taxi and Limousine Commission (TLC).
Liability in Lyft accidents can extend to various parties, including Lyft's driver, Lyft's company, and even third parties. If the Lyft driver's negligence or recklessness caused the accident, they could be held responsible for injuries and damages.
The courts still do not determine if Lyft has a real employer-employee relationship, which excludes them as liable parties whenever an accident happens. However, that might become a reality in future years.
In some instances, other drivers involved in the accident might bear partial responsibility.
About The Insurance Coverage
The insurance coverage for Lyft accidents is structured based on different phases of the ride. Their auto insurance typically applies when the Lyft driver is offline and not using the app.
Remember that New York is a no-fault state, and all drivers must carry at least a basic car insurance that covers a minimum of $50,000 for personal injury protection.
However, once the driver logs into the Lyft app, the company's contingent liability coverage comes into play. This coverage covers bodily injuries and property damage if the driver is at fault.
When the driver accepts a ride and is en route to pick up a passenger or has a passenger in the car, Lyft's higher liability coverage becomes active. This coverage remains in effect until the passenger exits the vehicle.
In cases where the driver is logged into the app but hasn't yet accepted a ride, a lower level of coverage may apply, primarily focusing on liability coverage for injuries to third parties.
Insurance coverage and liability determination are subject to regulations set forth by the NYC TLC. This regulatory body sets the standards for insurance requirements and ensures that Lyft and other rideshare services adhere to the guidelines to protect drivers and passengers.
Understanding liability and insurance coverage interplay is crucial for seeking fair compensation in Lyft accidents. A qualified Lyft car accident lawyer experienced in New York personal injury law and familiar with TLC regulations can help you navigate these complexities.
They can assess the details of the accident, determine liability, and work to secure the compensation you deserve.
Statute of limitations for Lyft accident claims in New York
Regarding Lyft accident claims in New York, time plays a crucial role. The law of limitations, a legal timeframe within which you can file a claim, is fundamental to understand.
While seeking medical attention and coping with the aftermath of an accident is your priority, being aware of the time limit is essential to protect your rights.
In New York, the statute of limitations for personal injury claims, including those arising from Lyft accidents, is generally three years from the accident date. This means you have three years to initiate legal action seeking compensation for injuries, medical bills, lost wages, and other damages resulting from the Lyft accident.
It's important to note that if you file your claim within this three-year window, you may retain the opportunity to pursue compensation through a lawsuit. The court will likely dismiss your case if it's filed after the statute of limitations has expired.
Exceptions to the statute of limitations do exist in certain circumstances. For instance, if the accident involves a minor, the statute of limitations may be extended until the minor reaches the age of 18.
Additionally, if the injured party is deemed mentally incapacitated, the statute of limitations might be tolled until they regain capacity.
Injury and Medical Implications
Being involved in a Lyft accident in The Bronx can lead to various injuries, from minor to severe. Understanding the types of damages that can result and the importance of seeking immediate medical care is crucial for your health and any potential legal claims.
Lyft accidents can cause various injuries due to the impact of the collision. Common injuries include whiplash, which affects the neck and spine and can often lead to discomfort and pain.
Sudden jolts during an accident can also cause soft tissue injuries, such as strains and sprains.
More severe injuries like fractures head and spinal cord injuries are also possible, particularly in high-impact accidents.
Depending on the nature of the accident, the speed, and the side where the vehicle receives the collision, it may cause less or more harm. Serious injuries must be considered when we seek compensation for damages.
Importance of Immediate Medical Care
Following a Lyft accident, seeking medical attention right away is paramount. Even if you believe your injuries are minor, some might not show immediate symptoms but can worsen over time.
Prompt medical care ensures your health and well-being and establishes a crucial link between the accident and your injuries. This documentation becomes vital in any potential legal claims.
Role of Medical Records in Legal Claims
Medical records play a pivotal role in Lyft accident legal claims. These records provide an objective account of your injuries, the treatments you've undergone, and their associated costs.
They create a clear record of the extent of your injuries and the medical care you require due to the accident. When building a compensation case, these records help demonstrate the accident's impact on your health and life.
Your medical records can substantiate the connection between the accident and your injuries, bolstering your claim's credibility. They provide tangible evidence that can be used to negotiate with insurance companies or present a strong case in court.
It's essential to keep track of all medical documents, including doctor's notes, test results, and treatment plans, as they collectively contribute to the narrative of your Lyft accident claim.
Compensation and Damages
Suppose you were hurt as a passenger in a Lyft car accident in the Bronx, NY. You may be entitled to compensation. Indeed, these types of accidents involving a rideshare company are complicated due to their new way of service and the new laws that rule them.
You will need an expert Lyft car accident lawyer in the Bronx to help you determine your compensation. New York is a no-fault state, so the first claim should go with the driver's insurance.
If they are using basic car insurance, they should have at least $50,000 of coverage, and once this limit is reached, you will need to file a claim to the at-fault party. This is another thing that will vary because it will depend on the type of accident.
An accident victim is entitled to compensation for their economic and noneconomic damages. Medical expenses are usually the first damages that are paid by the insurance. Lost wages and other related expenses should be added, too.
Of course, if the wreck caused severe injuries, the primary insurance limit may easily fall short. Then, you could file a claim to the at-fault party, your Lyft driver, or the other party that crashed.
Noneconomic damages include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
Among other similar injuries that may not be tangible.
Contact a Lyft Accident Attorney in The Bronx
The Ward Law Group is committed to helping people hurt in a Bronx Lyft accident. We have a team of experts in New York Law. They are respected because their years of service bring great results to our clients.
We have won multi-million dollar settlements for people who initially thought they would never receive anything for their injuries. We understand the pain and stress you have been dealing with, and for that, we'll fight for your rights.
Contact us at 855-DOLOR-55 for a free consultation of your case.