With the rise of ridesharing apps across Newark and New Jersey, an increased number of car accidents involving these vehicles is inevitable. Whether you were a passenger in a ridesharing vehicle or you were struck by a negligent Uber/Lyft driver, you deserve compensation for everything you were forced to endure. Here is the problem: Approaching this situation can be tricky because ridesharing is so new. How does insurance affect ridesharing accidents? Who do you sue – the ridesharing driver or the company itself? Questions like these can only be answered by a lawyer with experience with this specific type of accident. But how exactly do ridesharing accident lawsuits work? How can a lawyer help you get the compensation you need and deserve? Let’s find out:
Who Do I Sue?
One of the first questions you will need to consider in a ridesharing accident is who to sue. First, consider whether the driver was “off duty” in the eyes of the law. Even if a driver is currently working for Uber/Lyft, they may not be associated with the company unless they are actively carrying a passenger. Even if they are driving to pick up a fare, Uber/Lyft may claim that they are not associated with them in any way. If they were carrying a fare at the time of the crash, there is a good chance you can sue the company itself rather than the driver. If the driver was not carrying a fare, you might have no other option but to sue the driver directly.
Suing Uber/Lyft (or any other ridesharing company) has obvious advantages. As a major corporation worth billions, they have the ability to pay out large settlements. The same cannot be said about the average Uber/Lyft driver, who is probably living paycheck to paycheck. Of course, this decision depends entirely on your unique situation – and you will need to speak with your attorney to determine the best course of action.
Can I Sue if I Was the Passenger?
Yes, you can sue if you were the passenger in a rideshare vehicle at the time of the crash.
That being said, you can only sue the negligent party. If your Uber/Lyft driver did nothing wrong and was struck by a drunk driver, for example, you would need to sue the drunk driver and not the Uber/Lyft driver or Uber/Lyft itself.
Negotiating for a Settlement
Negotiating for a settlement is one of the most important aspects of pursuing compensation after a ridesharing crash. Most civil lawsuits are settled, which means that they never go to trial. This is often in everyone’s best interests, as the trial system is unpredictable. You never know how much you are going to receive when a jury makes their final decision – and dependability is important when you are dealing with serious injuries. Fortunately, a qualified personal injury attorney from Smith & Williams Law Firm can negotiate effectively on your behalf, ensuring you receive your fair share from Uber/Lyft and their insurance providers. The most important thing is to avoid accepting a lowball settlement without consulting with an attorney. Although your settlement might seem like a lot of money, you could be entitled to much more.
What if I Was Partly to Blame for My Own Injuries?
If you were partly to blame for your own injuries, you could still receive compensation. This is thanks to New Jersey’s modified comparative negligence laws. For example, you might have been texting and driving when an Uber/Lyft driver ran a red light while speeding, crashing into you and causing catastrophic injuries. In this situation, you could still sue as long as you were not 50% responsible for your own injuries. If you were more than 50% at fault, you cannot sue or receive compensation.
Where Can I Find a Ridesharing Accident Attorney in Newark, NJ?
If you have been searching for a ridesharing accident attorney in Newark, look no further than Smith & Williams Law Firm, LLC. Over the years, we have helped numerous injured victims in the New Jersey area – including those who have been harmed in accidents involving ridesharing vehicles. We know that approaching this situation can be incredibly confusing – especially if you are simultaneously struggling with medical expenses, missed wages, and psychological trauma.
The good news is that you do not need to handle your lawsuit alone. As soon as you book a consultation with us, you can shift your focus back to the healing process and let us get to work on your case. Remember, internet research only gets you so far – and the statute of limitations may prevent you from suing if you wait too long. Get in touch today and get started with an effective action plan.