Pedestrian accidents are on the rise in New York and surrounding areas. Despite efforts to keep the city and state’s sidewalks safer, pedestrians are increasingly at risk. When a pedestrian is hit by an Uber driver, the aftermath can be devastating. Pedestrian accidents can cause serious injury, emotional trauma and financial hardship. Victims may likely be eligible to file a claim and seek compensation for damages and losses.
Who is Liable for Pedestrian Accidents?
Drivers owe a special duty of care to pedestrians and must operate their vehicles responsibly and safely. Because of that duty of care, even if a pedestrian was not in a crosswalk when he or she was hit, there is still a very good chance that the driver will still be found at fault. So long as the pedestrian didn’t run or dart into the road, giving the driver no chance to avoid the pedestrian, the driver may be at least partly at-fault for the accident.
Damages and Compensation for an Uber Accident
Compensation for a pedestrian hit by an Uber or ridesharing driver depends on the circumstances of the accident, who was at fault, and the severity of your injuries. If you’ve been injured in an Uber or ridesharing accident, it's always best to speak with an experienced Uber accident attorney as soon as possible.
Uber is well aware that accidents will happen, which is why the company carries huge insurance policies to pay out Uber accident claims. Over the years, passengers, other motorists, pedestrians, bicyclists and many others have received Uber accident settlement amounts that pay for all their medical care and other short- and long-term damages caused by an accident.
Government mandated insurance liability requirements that apply when the driver is carrying a passenger replace the typical no-fault insurance laws that otherwise apply in New Jersey and New York. Under New York law, Uber/Lyft drivers who are carrying a passenger in their vehicles are required to carry $1 million in liability coverage (to compensate for bodily injury, property damage, and wrongful death), and $1 million in underinsured/uninsured motorist coverage. New Jersey limits are even higher. This insurance coverage is available to victims even if the Uber driver did not cause the accident and if the other driver was uninsured.
Was the Uber Driving Working?
The circumstances surrounding the accident play a large role in your ability to seek maximum compensation. The $1 million coverage only applies if the Uber driver had the app on and was en route to pick up a passenger or was carrying a passenger. If the Uber driver was ‘deadheading’ or driving around waiting for a fare, lower limits apply. If the driver was not working at all, his or her own personal auto insurance policies would apply.
Examples of what you may be entitled to compensation for include:
- Medical and hospital bills
- Rehabilitation costs
- Ambulance costs
- Transportation to doctor appointments
- Loss of income
- Pain and suffering
- Punitive damages
What to Do if You Were Hit by an Uber Driver
If you or a loved one were hit by an Uber driver, follow these steps to protect your rights and best interests.
Seek Medical Attention
Even if your injuries seem minor, it’s always a good idea to seek medical attention after a car accident. Some injuries from a car accident, particularly back and spine injuries like whiplash, can be slow to present with symptoms. Medical records will serve as evidence of your injuries in your claim, so it's important to establish quickly that your injuries were caused by the accident. The longer you wait to seek medical care, the more likely it will be that the cause of your injuries will be questioned.
Collect information related to your Uber ride or the Uber driver, such as name, insurance information and contact details. If possible, it’s especially important to capture the contact information of the passenger in the Uber. Liability in an Uber accident can depend on if the driver had a passenger, was en route to pick up a passenger or was just idling waiting for a ride. The more evidence you have that shows the Uber driver was working at the time of the accident, the better your ability to maximize your claim.
Take pictures at the scene of the accident. Capture any roadway conditions or hazards that may be present, take a picture of any signage on the car that shows its an Uber and snap photos of your injuries.
File an Uber Accident Report
Filing an Uber accident report can be done by filling out a form on their website. First, make sure to gather as much information and evidence as you have. Navigate to the Help section, then Riders, and then click on Trip Issues and Refunds. From there, you can choose “I had a safety issue” and then “I was involved in an accident.” You’ll then be able to fill out a form with information regarding the accident.
Contact an Uber Accident Attorney
If you’ve been injured, it’s in your best interest to contact an Uber accident lawyer before filing a claim with Uber. An attorney will help you understand your options and what compensation you may be entitled to, based on the circumstances of the accident. The attorneys at Brandon J. Broderick know how to handle Uber accidents to make sure you get the best Uber accident settlement possible.
Our knowledgeable Uber accident attorneys can take over all negotiations with insurers so you get full and fair compensation for your losses. One of our trusted team members will listen to your story, learn about your case, and can advise you on the next steps. Many of our clients feel a sense of relief once they make that first phone call. Contact us today for a free consultation.