Compensation for Uber or Lyft Accidents

Uber car ride

One of the most profound changes to the American economy in the twenty-first century is the evolution of the gig economy. More and more workers are leaving traditional jobs and working for themselves, a trend that will probably increase even more in the wake of COVID-19. One of the largest sectors in the new economy is ridesharing, where independent drivers using their own vehicles are supplementing and even replacing traditional taxicabs.  Ridesharing is a convenient and affordable way to travel, especially in areas which have unreliable taxi service.

However, what happens in the event of an accident involving a rideshare vehicle? Unlike taxis, rideshare vehicles are not owned by the companies, such as Uber and Lyft, that provide the service. Each driver is an independent contractor. Both most prominent rideshare companies, Uber and Lyft, are very careful to characterize their drivers as independent contractors, to avoid potential liability for the drivers’ actions.

Driver Liability

Since Uber and Lyft drivers use their own vehicles, their automobile insurance policies should cover any accidents that they cause while carrying passengers. The rideshare companies, in fact, require their drivers to carry insurance and some insurers require a separate insurance policy for drivers who use their vehicles professionally. In any case, if an uber or Lyft driver is responsible for an accident, he or she is responsible for that accident just as if it had happened while using the vehicle for personal errands.

Legislation has recently been introduced in California that would change the relationship between Uber and Lyft and their drivers, making it more of an employer/employee relationship. If this legislation passes, that could mean increased liability for the companies in case of an accident. Both companies have threatened to cease operations in California if the legislation goes into effect.

If an accident is caused by the driver of another vehicle, of course, the driver of that vehicle is responsible for any damages, regardless of whether the injured person was a passenger in a rideshare vehicle.

Rideshare Company Liability

Even though their drivers are considered independent contractors, both Uber and Lyft carry insurance to cover accidents when the driver’s insurance is insufficient. Injured persons may be able to make a claim against that insurance if the driver’s insurer refuses to pay for some reason.

 

Injured persons have also made successful claims against rideshare companies when their own negligence contributes to the injury. Some examples include:

  • Failing to conduct proper background checks on drivers
  • Hiring drivers with a history of criminal behavior, or with bad driving records
  • Failing to ensure that drivers’ vehicles have passed required safety inspections
  • Ignoring customer complaints about drivers

 

If an injured person can prove that the rideshare company knew or should have known that a driver had a criminal history, for example, the company may be found responsible for criminal actions of the driver, such as assaults on passengers and theft of passengers’ belongings.

 

New York Accident Attorney

If you or a loved one is injured in an accident with a rideshare vehicle, you should seek legal advice as soon as possible. At O’Brien & Ford, we dedicate ourselves to helping injured people, and we will discover all possible sources of liability, to make sure you are able to get the compensation you need. Call us at 716-907-7777, or visit our website at http://obrienandford.com/. We offer in-person and virtual appointments, and follow social distancing and all COVID precautions.

Receiving Compensation for RV Accidents and Injuries

Every year, millions of families travel to vacation destinations in recreational vehicles, both owned and rented. While this is generally a safe and comfortable means of travel, RVs come with their own unique risks, sometimes leading to accidents and injuries.

Common Causes of RV Accidents

Inexperienced drivers: For most new owners, their RV is much larger than the car they are used to driving. Even for motor homes that are 45 feet long and up, no special training or licensing is required for operation, so the person behind the wheel may not be used to the increased braking required for a large vehicle or the difficulty in maneuvering in traffic. Visibility may also be limited, especially if a car is being towed behind the RV. RV renters may have even less experience.

Other motorists: As with large trucks, other drivers may not be aware of a large vehicle’s blind spots, reduced maneuverability, or increased braking time. Oftentimes, other drivers follow too closely, change lanes quickly in front of an RV, or follow beside the RV in areas not visible in that vehicle’s mirrors. All of these behaviors can lead to accidents.

Mechanical Failure: RVs are subject to the same mechanical failures as other vehicles. This includes brake, tire, and other potential mechanical failures.

Other causes: Improper loading or overloading can cause RVs to be unstable and can cause tire failure. Propane tanks, if not properly maintained and secured, can cause serious injuries.

Take the Proper Precautions

New owners and renters should always take plenty of time to familiarize themselves with their vehicle before taking it on the road. Ideally, a new owner or renter should drive the vehicle in a safe area for several hours to learn its balance, turning radius, stopping distance, and the locations of controls, such as lights, turn signals, and mirror adjustments.

Plan your route before you get on the road, to avoid distractions.

Check the interior of the RV to make sure all items are safely stowed away. Check propane tanks to make sure they are properly secured and turned off while traveling.

New York RV Accident Attorneys

If you are injured in an RV accident as a passenger, pedestrian, or driver of the vehicle involved in a crash with an RV, talk to an experienced RV accident attorney. The attorneys at O’Brien and Ford focus their attention on representing accident victims. You can arrange a free consultation by calling us at 716-907-7777. Learn more about our firm and our practice here.

COVID-19 UPDATE: Although we are working from alternate locations, we remain fully functional and look forward to helping you.