Rideshare Accident Attorney in Albany, NY
Rideshare services, such as Uber and Lyft, offer convenience for so many people across Albany every day. However, choosing to use these services does come at a risk. Rideshare accidents do happen and leave victims with overwhelming damages. If you have been involved in an accident, an Albany rideshare accident lawyer can help you file a claim to recover compensation.
Why Choose Gattuso & Ciotoli, PLLC?
With over 50 years of combined experience, the skilled lawyers at Gattuso & Ciotoli, PLLC, have built a reputation of professionalism and real results for accident victims in Albany. We provide personal attention to each aspect of your case, so you feel confident that your claim reflects the specific details of your rideshare accident case.
An Overview of Rideshare Accidents in Albany
Rideshare platforms like Uber and Lyft are becoming extremely widespread, with Uber alone generating $43.9 billion in revenue in 2024. In Albany, people use these services to travel to and from the Albany International Airport or Albany-Rensselaer Amtrak Station, get downtown, or shop at the Crossgates Mall. These services offer convenience, whether someone is looking to avoid a difficult parking situation or if they mainly rely on public transport.
Generally, ridesharing can be safer than other forms of transportation, such as driving yourself. Of all Uber trips, 99.9% end without a safety report of any kind. However, this doesn’t mean accidents don’t happen. Some common causes of accidents in Albany include:
- Reckless driving. Reckless actions such as excessive speed, tailgating, dangerous passes, or failing to provide proper signals to other drivers can easily result in a crash.
- Distracted driving. Distracted driving is a common issue, and can come from a variety of different distractions. Eating and drinking, using a cell phone, or looking at or adjusting a navigation system are some of the most common distractions in a rideshare accident case.
- Fatigue. When a driver is fatigued, they are less likely to observe other drivers or pedestrians, have slower reaction times, and impaired decision-making abilities. Sometimes, this is seen with rideshare drivers after a long shift or during late-night or early-morning rides.
- Violating traffic laws. If a driver is not obeying the traffic laws, they are likely liable for any damages in a crash. Common violations include running red lights or stop signs, failing to signal lane changes, and failing to yield to other drivers, pedestrians, or emergency vehicles.
- Speeding. Speeding is one of the most common driving errors made by rideshare drivers and non-rideshare drivers alike. Not only does speeding increase the risk of a crash occurring, but it can also increase the severity of the damage.
You can file a claim even if it was not the rideshare driver’s error that led to an accident. The actions of other drivers or third parties can lead to a crash and leave them liable for your damages.
How Insurance Coverage Works Under Rideshare Accident Laws
When a rideshare driver is logged into their rideshare app and accepting rides with passengers, they are covered by Uber or Lyft’s insurance. Rideshare companies in New York must provide $1,250,000 in liability coverage when passengers are in the car. This coverage can be used for bodily injury or death of a person, or destruction of property. The insurance policy also includes uninsured/underinsured motorist coverage.
The rideshare company’s insurance policy applies when the rideshare driver is at fault, but can also be used if other parties cause the accident. Despite potentially having coverage through Uber or Lyft if a third party causes the crash, you may also need to file a claim against that driver directly. If this is the case, the other driver should carry at least:
- $10,000 per accident for property damage
- $25,000 for bodily injury and $50,000 for death for a single person
- $50,000 for bodily injury and $100,000 for death for two or more people
Determining Who Can Be Held Liable in a Rideshare Accident Case
Determining liability is important because it identifies what insurance policies cover your damages and against whom claims can be filed. Typically, this process begins by examining evidence to determine what caused the crash. A lawyer can help you gather and analyze evidence, such as:
- Police reports
- Ride information through the rideshare app
- Photos and videos of the accident scene
- Surveillance footage of the accident
- Witness statements
Once you know how and why the crash occurred, your lawyer can explain who is liable under New York’s rideshare accident laws. They may determine that you should file a claim against the rideshare company, the rideshare driver, a third-party driver, a pedestrian, another passenger, or another responsible party. In certain cases, claims can be filed against multiple parties, such as through the rideshare company’s insurance policy and a third-party driver.
Damages in a Rideshare Crash
A rideshare accident can be difficult to recover from. By filing a claim, you can pursue compensation to make up for the specific losses you have suffered. The amount of compensation depends on the severity of your damages, the types of damages, and the circumstances of the case.
The three main types of damages you can recover are:
- Economic damages. Economic damages are the financial losses you have suffered. Some of the most common examples of this type of damage are the cost of medical treatment for your injuries, the cost of repairing or replacing damaged property, and lost wages from your recovery.
- Non-economic damages. Non-economic damages are the other, intangible losses, such as pain and suffering or lowered quality of life. These can be difficult to quantify, but an Albany rideshare accident attorney can help you provide sufficient proof and negotiate for fair compensation that includes the cost of these damages.
- Punitive damages. Punitive damages are included in your compensation as punishment to the at-fault party, who has to pay them. These damages are only included in cases of extreme negligence, such as if your driver was drinking and driving or the rideshare company hired a driver without a valid license.
Why You Should Hire a Rideshare Accident Lawyer
Rideshare accident cases are legally complex, which can make it easy to feel overwhelmed or to make critical mistakes when filing a claim. An Albany rideshare accident lawyer can help you manage the legal requirements of filing a claim, including all deadlines and filing procedures. A lawyer can also explain confusing legal elements of your case, such as New York’s pure comparative negligence system or the burden of proof.
Furthermore, working with a lawyer can make your negotiations or courtroom strategy more effective. A lawyer can build arguments founded on strong evidence to include in your claim. They can also advocate for your case, even against these large rideshare companies. This representation is essential, as companies such as Uber and Lyft have experienced legal teams working to lower payouts.
FAQs
What Should You Do After a Crash in an Uber or Lyft?
The first thing you should do after a rideshare crash is move to a safe location and call 911. Your driver should report the accident to the rideshare company, but you may also be able to report the crash. Then, receive necessary medical treatment. If you are able, next begin gathering evidence such as photographs of the crash scene and the other drivers’ contact information. Finally, you should hire a rideshare accident lawyer for help filing a claim.
Can You File a Rideshare Accident Claim if There Were Multiple Passengers?
Yes, you have the right to file a rideshare accident claim even if there are other passengers also filing claims. In this case, it is possible that the insurance coverage won’t be enough to bring you the full recovery you deserve, as it may be split between the different claims. An Albany rideshare accident attorney can help you create a plan if this is the case, such as filing additional claims with other liable parties.
Do You Get Compensation if Your Uber Crashes?
Yes, compensation is generally available if you were involved in an Uber crash. However, this is not an automatic process and requires you to negotiate with the company and file a rideshare accident claim against them. When you pursue compensation, you must also provide evidence of the damages you have suffered, which is used to calculate your award. This often includes medical records, pay stubs, repair invoices, or receipts from replacing damaged property.
Can You File a Claim Against Lyft if You Get Into an Accident?
Yes, you are able to file a claim against Lyft if the company’s negligence led to the crash. For example, through negligent hiring practices or failing to provide proper training. Even if you don’t file a claim directly against the company, Lyft’s insurance policy may still cover your damages if your Lyft driver or another driver caused the crash.
Reach Out to a Skilled Albany Rideshare Accident Lawyer
Car accidents are always a traumatic and stressful situation, but there are often additional worries that rideshare accident victims experience due to the unfamiliar claim and insurance information. Contact Gattuso & Ciotoli, PLLC, to schedule a free case consultation to learn how our lawyers can help you throughout the recovery process.