How Do I Determine Liability in a Rideshare Accident?

In 2022, Uber reported revenues of almost $32 billion – representing an 82% increase compared to the previous year. Meanwhile, Lyft reported revenue of about $4.1 billion during this same period – representing an increase of almost 12% compared to the previous year. Clearly, these are insanely profitable companies – and they offer services that are becoming increasingly popular across New York. However, these success stories come at a price – and many New Yorkers have suffered serious injuries in rideshare accidents. Is it possible to pursue compensation from these multi-billion-dollar tech companies if you were injured in a New York rideshare accident? How do you determine liability in this situation?

Many of the Same Liability Rules Apply as Traditional Car Accidents

First of all, it is worth noting that Uber and Lyft drivers must follow the same rules of the road as anyone else. If a negligent driver causes an accident in New York, it does not matter whether they’re an Uber driver, a Lyft driver, or an average citizen. In fact, commercial drivers are held to a higher standard in many regards. For example, a commercial driver faces stricter rules regarding intoxication and DUIs – as they are only allowed to drive with a BAC level of under 0.04.

The same general process of an injury claim also applies to both private citizens and commercial drivers – with a few caveats. Perhaps most notably, commercial drivers must get special insurance. Technically speaking, an Uber driver is breaking the law if they fail to get this additional layer of commercial drivers’ insurance. They cannot simply rely on their personal insurance policy, as these policies make it very clear that they do not cover commercial driving activities.

Was the Driver “On the Job?”

Another important factor to consider is whether the driver was actively carrying out work-related activities at the time of the accident. You might assume that if an Uber driver is on the road, they are inherently working. From a legal perspective, however, this is not always true.

If a driver is taking a break and heading toward a drive-thru for a quick bite to eat, they are technically no longer working for Uber. The minute they finish their meal and begin driving toward their next fare, however, they are “on the clock.” A wide range of other activities may also qualify as non-work-related.

Why does this matter? If they are not actively engaged in work for Uber or Lyft, the insurance policies of these companies do not apply. Instead, injured plaintiffs can only hold the individual drivers liable for their injuries. This may still provide some level of compensation, however (assuming that the driver is properly insured).

Determining Whether Rideshare Companies Are Liable

Perhaps the most important step after a rideshare accident in New York is determining whether or not the rideshare company is liable for your damages. As previously noted, you will need to figure out whether the driver was actively engaged in work-related duties.

Some of these work-related duties may be obvious, while others may be more subtle. For example, an Uber driver who is actively carrying passengers is obviously “working” for Uber. But what if they are heading to a pick-up point? What if they have just dropped off a passenger, and are pulling out from the curb? Ultimately, these subtleties may need to be examined closely by a qualified rideshare accident lawyer.

Depending on the specific rideshare company, different levels of insurance coverage may apply based on these situations. For example, a driver who causes an accident while carrying passengers generally enjoys a full degree of coverage from their rideshare company. If they were on their way to pick up their next fare, however, they may only receive partial coverage from their rideshare company’s insurance policy.

Obviously, it is in the injured plaintiff’s best interests to pursue compensation directly from a multi-billion-dollar tech company like Uber or Lyft if at all possible. These companies are capable of paying out settlements that cover medical expenses, missed wages, emotional distress, and other damages.

Find a Skilled Personal Injury Attorney in New York

If you have been searching for a qualified Long Island rideshare accident lawyer, look no further than David Resnick & Associates, P.C. With our assistance, you can strive for positive results and determine liability in an accurate manner. While the complexities of rideshare accidents may seem daunting for injured plaintiffs, you can approach an injury claim confidently alongside experienced lawyers. Schedule your consultation today to learn more about who might be liable for your rideshare accident.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.