Content reviewed by:
Alex Shulman
An Uber or Lyft driver is often liable if their careless driving caused the accident. In some cases, another driver, a vehicle owner, or another party may share responsibility.
A pedestrian accident lawyer in Manhattan from Shulman & Hill will look into the crash, identify the available insurance coverage, and explain your legal options under New York law. Claims in rideshare accidents can be more complicated than other pedestrian injury cases because several insurance policies may apply.
Whether the driver was waiting for a ride, picking up a passenger, or already transporting someone can change which insurance policy applies and who may be responsible for the crash.
Why These Cases Can Be More Complicated Than Other Pedestrian Accidents
A pedestrian accident involving a rideshare driver may look like any other traffic accident at first. The legal issues can become more complicated because the driver’s insurance coverage changes depending on whether the rideshare app was on and whether the driver had accepted a ride.
The investigation may include questions such as:
- Was the driver logged into the Uber or Lyft app?
- Was the driver waiting for a ride request?
- Had the driver already accepted a passenger?
- Was another driver involved?
- Did poor road conditions contribute to the crash?
The answer to each question can affect which insurance company may be responsible for paying a claim. At Shulman & Hill, we understand that rideshare claims commonly involve several insurance companies and detailed investigations into what happened.
Who May Be Responsible for a Pedestrian’s Injuries?
The Uber or Lyft driver is often the first person examined after the accident. Even so, the driver is not always the only party who may be responsible for the crash.
Depending on what happened, liability may also fall on:
- Another driver.
- Several drivers who shared fault.
- A vehicle owner.
- A government agency responsible for the road where the crash happened.
New York follows a pure comparative negligence rule under CPLR § 1411. Under this rule, a person may still recover damages even if they share part of the blame for the accident. That person’s percentage of fault generally reduces any recovery.
Shulman & Hill’s team investigates every possible source of liability and reviews all available insurance policies that may provide coverage for the claim.
Why the Uber or Lyft Driver’s Status During the Accident Matters
Uber and Lyft provide different levels of insurance coverage depending on what the driver was doing when the pedestrian collision happened.
The Driver Was Not Using the App
If the rideshare app was off, the driver’s personal auto insurance generally applies. This is the insurance the driver (or the vehicle’s owner) bought to cover their vehicle.
The Driver Was Waiting for a Ride Request
If the driver was logged into the app and waiting for a passenger, limited rideshare insurance may apply in addition to the driver’s personal coverage.
The Driver Had Accepted a Ride or Was Transporting a Passenger
Once a ride has been accepted, Uber and Lyft generally provide much larger liability coverage that may apply if the driver causes an accident.
Electronic records and other evidence gathered during Shulman & Hill’s full investigation can help determine the driver’s status. We know how important these details are when identifying the insurance coverage available.
Recoverable Damages in Pedestrian Accidents
A pedestrian struck by a rideshare vehicle may suffer injuries that require months or even years of treatment.
Damages may include emergency medical care, hospital bills, future medical treatment, lost pay, lost future earning opportunities, physical pain and mental anguish, emotional harm, permanent disability, scarring or disfigurement, and other related financial losses.
The damages that can be recovered depend on the injuries, the insurance coverage available, and the evidence supporting the claim. Shulman & Hill works to identify the full value of a client’s losses before pursuing compensation.
Does No-Fault Insurance Apply if a Pedestrian Is Hit?
In many situations, New York’s no-fault insurance system may provide benefits for medical expenses and certain lost wages after a pedestrian accident.
Additional claims may also be available if the injuries meet the legal threshold for a personal injury lawsuit under New York’s Insurance Law. Shulman & Hill can explain how no-fault benefits and personal injury claims may work together.
How Can We Help With a Rideshare Pedestrian Case?
Insurance companies usually begin investigating soon after a serious accident. Their goal is to evaluate the claim and protect their financial interests.
Our personal injury lawyers in Manhattan may help by:
- Investigating the collision.
- Identifying all liable parties.
- Collecting evidence.
- Reviewing insurance coverage.
- Speaking with insurance adjusters.
- Calculating current and future losses.
- Negotiating for a settlement.
- Preparing the case for trial if necessary.
At Shulman & Hill, we help clients understand the legal process and the options available.
Who Is Liable If an Uber or Lyft Driver Hits a Pedestrian? Speak With Shulman & Hill
Establishing who is liable if an Uber or Lyft driver hits a pedestrian usually means looking at all of the facts and the evidence, including the police report, insurance coverage, the driver’s status on the rideshare app, and the actions of everyone involved. Many factors can affect a claim.
Shulman & Hill, founded in 2013, has secured over $1 billion for injured clients, served more than 26,000 clients, and brings over 200 years of combined experience to personal injury and workers’ compensation cases. Our firm conducts in-depth investigations, travels for consultations, and handles cases at no upfront fee. We receive pay only if you win your case.
“New York, We Got You” reflects how we serve our clients. We explain your next steps, investigate the facts, and pursue the damages available under New York law. Call Shulman & Hill today for a free consultation to learn how we can help you move forward after an accident.
