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Westchester County Uber Accident Lawyer

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Westchester County Uber Accident Lawyer

Westchester County Uber Accident LawyerDid you get hurt or lose a loved one in an Uber accident in Westchester County, NY? If so, you’ll need an aggressive lawyer who is familiar with the law surrounding rideshare accidents. The Law Offices of Jay S. Knispel Personal Injury Lawyers has a proven track record of helping injured victims get the compensation they deserve for medical treatment, lost wages, and pain and suffering after an accident.

Our Westchester County Uber accident lawyers have over 25 years of experience in personal injury law. We’ve recovered tens of millions of dollars in life-changing financial awards for those who have been injured due to someone else’s negligence. In fact, we’ve won some of the largest verdicts and settlements in the state of New York.

Contact our Westchester County law office today to learn how we may be able to help you. Consultations are always free, call us at (212) 564 2800.

How the Law Offices of Jay S. Knispel Can Help After an Uber Crash in Westchester County

How the Law Offices of Jay S. Knispel Can Help After an Uber Crash in Westchester CountyWhen you’ve been injured in an Uber or Lyft accident, you may not even be thinking about whether you should hire a lawyer. You’ll understandably be focusing on your recovery and how to handle time away from work. That’s what you should be doing, not having to sort out what the insurance companies are sending you.

When you hire our Westchester personal injury lawyers, we can:

  • Conduct an independent investigation into your accident
  • Handle all communications and negotiations with insurance companies
  • Obtain video footage of the accident from dashcams or traffic cameras, if available
  • Identify and interview potential liable parties and witnesses
  • Hire expert witnesses to help support your case
  • Send a top-rated trial lawyer to advocate for you in court, if necessary

We’ll handle every aspect of your case from beginning to end. There are many ways that hiring a lawyer can be to your advantage. Most important, you get the time you need to rest. But, you’re more likely to get the full compensation you deserve when you have a reputable attorney handling your case. In fact, some studies indicate that you could receive as much 3.5 times more money than if you tried to go it alone.

How Common Are Uber Accidents in Westchester County, NY?

How Common Are Uber Accidents in Westchester County, NY?Tracking Uber and rideshare crashes separately from other motor vehicle accidents is complicated. That’s likely why statistics specific to Uber and other rideshare crashes aren’t widely available.

Uber and Lyft drivers are independent contractors, so accidents involving rideshares are generally reported to the drivers’ individual insurance companies. They’ll show up in the overall numbers collected for passenger vehicles (as opposed to commercial vehicles).

A common thread around the nation is that while the total number of accidents decreased in 2020, the number of fatalities increased.

That’s true for Westchester County as well. Take a look at the numbers below.

In 2020 in Westchester County, there were about 44 crashes per day:

  • 16,207 crashes, down from 23,043 in 2019
  • 35 people were killed in car crashes (up from 29 in 2019)
  • 3,908 people were injured, down from 5,658 in 2019

This disturbing trend seems to be continuing for 2021.

Preliminary data for 2021 show:

  • 15,489 crashes
  • 36 fatalities
  • 3,657 people injured

With fewer crashes than in 2020, there has already been at least one more death and only a slight decrease in injuries for 2021.

What is My Uber Accident Case Worth?

It varies. No two cases are alike. The value of your case will depend on a number of factors. Insurance companies will likely try to contact you shortly after your accident and get you to accept a settlement and be on your way. Your case is often worth more than an insurance company’s initial offer.

Attorney Jay Knispel is a former insurance defense attorney. This provided him with valuable knowledge and insight into the tactics of insurance companies. That helps injured victims like you get a fair chance at getting the full amount of actual compensation you deserve. 

That being said, once the playing field is leveled, there are some other factors that affect the value of a claim. To get a better idea, contact us for a full free case evaluation.

Some of the things we’ll discuss are:

  • How severe are your injuries?
  • Did your injuries cause you to miss work? For how long?
  • Will you be able to return to work in the same capacity in the future?
  • Does anyone else depend on your income?
  • What kind of rehabilitation do you need?
  • Will you need ongoing care?
  • Were you in any way at fault for the accident?

Every case is different. More severe injuries or fatal accidents tend to result in higher awards. You can count on us to look for every possible avenue of recovery. We’ll get your story, and then we’ll get to work conducting a comprehensive review of all of your records. 

What Kind of Damages Are Available to Accident Victims of an Uber Crash? 

You can recover compensatory damages after you’re injured in an accident in New York. These include both economic and non-economic damages. In rare cases, punitive damages may be available. 

Economic damages include financial losses associated with your accident.

Economic damages can compensate you for:

These are typically easy to calculate because you’ll have a bill or invoice for these expenses.

Non-economic damages compensate you for intangible losses such as:

  • Emotional stress
  • Disability
  • Loss of consortium (claim available for spouses of those severely injured or killed)
  • Loss of enjoyment of life activities
  • Pain

These are more difficult to calculate, but they are the indicators of your quality of life. These are highly subjective.  You’ll benefit from having an experienced and aggressive Westchester County Uber accident attorney on your side. 

If you were injured due to a defendant’s intentional or grossly negligent conduct, it might be appropriate to seek punitive damages. These aren’t to compensate you for your losses, but instead to punish the defendant for their conduct. These aren’t available in most cases. But you can count on us to do a complete evaluation to determine if they may apply in your case.

I May Be Partially At Fault for My Uber Accident in New York – Can I Still Recover Compensation?

Most likely, yes. Under New York’s contributory negligence statute, you can still recover money even if you are partially to blame. But, if you are found to be partially at fault, your award will be reduced by the portion of the accident caused by your own negligence.

So, if you were 30% at fault, then your award would be reduced by 30%. 

Even if you weren’t actually to blame at all, the insurance company may try to say you were. They’ll do whatever they can to minimize or outright deny your claim. As a former insurance defense lawyer, Jay S. Knispel knows how to spot and fight these unfair tactics that could reduce your award. He’ll stand up for you and fight tooth and nail against false blame.

We’ll Fight to Recover Compensation For All of Your Uber Accident Injuries

You deserve to be compensated for all injuries caused by your rideshare accident. Injuries could vary widely, depending on the circumstances of your accident.

You could have been injured as:

  • A passenger in an Uber
  • The driver of another vehicle hit by an Uber driver
  • A pedestrian hit by an Uber driver
  • A bicyclist hit by an Uber or Lyft driver

Some common injuries suffered by Uber and Lyft crash victims include:

Whether you have mild or permanent injuries, we put all our resources behind your case and do everything we can to get you full compensation for all of your injuries.

What Causes Most Uber Accidents in Westchester County, NY?

Common causes of Uber and Lyft accidents include:

  • Distracted driving
  • Driving while impaired
  • Aggressive driving
  • Speeding
  • Road hazards
  • Disruptive or unruly passengers
  • Mechanical failures

Rideshare crashes are often caused by many of the same reasons as other car accidents—usually, they’re caused by someone’s carelessness.

Often, accidents have more than one cause. That could mean that more than one party is liable for your injuries. We’ll conduct a thorough investigation to pinpoint the cause. We’ve had outstanding success at forcing at-fault parties to take responsibility for the harm they’ve caused.

How Do I Prove Negligence After an Uber Accident in New York?

Negligence can be hard to prove. What might seem straightforward can often require experts, data, and extensive testimony to prove.

Generally, you’ll need to prove each of the four elements of negligence:

  1. Duty: the defendant owed you a legal duty of care
  2. Breach: the defendant breached that duty
  3. Causation: the breach of duty resulted in your injuries
  4. Damages: you suffered actual damages

Accidents involving rideshare companies like Uber and Lyft can be complicated. The drivers are considered independent contractors, so Uber can’t be held liable in most cases. Circumstances will vary in every case, though. And the law is constantly changing.

A comprehensive investigation is needed to determine all potential parties who could be liable.

Then, you may need evidence such as:

  • Eyewitness testimony
  • Medical reports
  • Payroll records
  • Testimony from accident reconstructionists, medical professionals, or economic experts

Trust your case to the Law Offices of Jay S. Knispel. We’ve had over 25 years of experience litigating injury cases.

How Do I Get Money if an Uber Driver Caused My Accident?

How Do I Get Money if an Uber Driver Caused My Accident?When Uber or Lyft drivers cause accidents, the situation becomes more complicated because Uber drivers are independent contractors. That means you probably won’t be able to hold Uber liable for their driver’s actions.

However, the law in this area is constantly changing. In a recent ruling in New York, a court determined that Uber drivers were employees eligible for unemployment insurance. This ruling affects only Uber drivers in upstate New York.

For now, it hasn’t affected Uber’s responsibility for its drivers’ crashes. But, the law governing rideshares is always changing. It’s important to have an informed Westchester County lawyer who keeps up with the latest developments. 

How Uber Insurance Works

Rideshare companies like Uber and Lyft must meet certain insurance coverage requirements in New York. Coverage varies depending on how drivers are engaged with the Uber app at the time of the accident.

Driver Logged in to the Uber App – Waiting for Ride Request

When a driver is logged in to the Uber app and awaiting a ride request, Uber’s insurance covers:

  • $75,000 for bodily injury/death for one person per accident
  • $150,000 for bodily injury/death of two or more persons per accident
  • $25,000 for personal property damage per accident

Uber’s insurance will only be available if the driver’s personal insurance doesn’t provide coverage.

Driver Logged in to the Uber App – Picking Up or Driving Passengers

When an Uber driver is on the way to pick up passengers or is engaged in a ride, the rideshare’s insurance policy must provide at least $1.25 million in liability insurance.

Driver Not Logged In to the Uber App

Uber’s insurance doesn’t apply at all when drivers aren’t using the app. Depending on the circumstances, you might seek compensation from your own insurance or from the driver’s personal insurance, just like you would in any other accident.

Driver Making a Delivery

Uber and Lyft drivers now also deliver food. Uber does have liability insurance that applies to delivery drivers, but it does not apply in New York state. So, if you’re involved in an accident with an Uber driver who was acting as a courier, you won’t have access to Uber’s insurance. It doesn’t matter if the driver was logged in to the app or not.

How Long Do I Have to File a Lawsuit After an Uber Accident in New York?

You have three years to file a personal injury lawsuit for an Uber accident involving injuries. If you lost a loved one in the accident, you’ll have just two years.

There could be other circumstances that affect when you need to file your lawsuit or claim. It’s in your best interest to seek legal advice from an experienced Westchester County personal injury attorney soon after your accident so that you have the full array of options available to you.

Contact Our Westchester County Uber Accident Lawyers For a Free Consultation

 If you’ve been hurt through no fault of your own, you need a law firm that can handle anything that comes its way. That’s why the Law Offices of Jay S. Knispel should be your first call after your rideshare accident.

With a proven track record of success in tough cases, our Westchester County Uber accident lawyers are confident taking your case all the way to trial if that’s what it takes.

Call or contact us online today to schedule your free consultation. See for yourself why we’re the right choice to handle your case.

Westchester County Accident Lawyer Review

Westchester County Accident Lawyer Review

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Emergency Rooms in Westchester County

  1. Northern Westchester Hospital Emergency Room
    400 E Main St
    Mt Kisco, NY 10549
  2. Phelps Hospital
    701 N Broadway
    Sleepy Hollow, NY 10591
  3. White Plains Hospital Emergency Room
    41 E Post Rd
    White Plains, NY 10601
  4. Westchester Medical Center
    100 Woods Rd
    Valhalla, NY 10595
  5. NewYork-Presbyterian Hudson Valley Hospital Emergency Department
    1980 Crompond Rd
    Cortlandt, NY 10567

Auto Repair Shops in Westchester County

  1. Armonk Auto Repair
    375 Main St
    Armonk, NY 10504
  2. Harpo’s Imported Car Services
    210 Marbledale Rd
    Tuckahoe, NY 10707
  3. Gedney Auto Service Inc.
    634 Mamaroneck Ave
    White Plains, NY 10605
  4. Mickey’s Automotive
    285 N Broadway
    Sleepy Hollow, NY 10591
  5. SATO Auto Repair
    137 S Central Ave
    Elmsford, NY 10523

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Our Locations

New York City Office 

450 7th Ave Suite 1605
New York, NY 10123
(212) 564 2800

Law Offices of Jay S. Knispel Personal Injury - New York City Office in 450 Seventh Ave., Suite 1605 New York, New York 10123

 

Brooklyn Office 

26 Court St., Suite 2511
Brooklyn, NY 11242
(718) 802-1600

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office in 26 Court St., Suite 2511 Brooklyn, New York 11242

 

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