The aftermath of a car accident can be confusing, particularly when it involves a taxi or a ridesharing service like Uber or Lyft. In these situations, injured parties must understand how liability is established under New York state law and what steps to take.
At Foley Griffin, we have extensive experience helping those injured find their footing and seek compensation. Keep reading our blog to learn more about liability in taxi accidents.
Who Is Liable in Taxi, Uber & Lyft Accidents
Taxi accidents can be confusing as there may be a lack of clarity regarding who bears ultimate responsibility for an accident. Determining liability becomes especially critical when it comes to filing insurance claims and identifying who will compensate the injured party. Under New York's contributory negligence laws, multiple parties could be held liable in a taxi accident.
Traditionally, the person at fault is responsible for the damages, but in the case of taxis, this can include multiple parties, including the:
- Driver of the taxi or rideshare service
- Drivers of other involved vehicles
- Vehicle and taxi owners
- Rideshare company
- Taxi service company
In any car accident, taxi and rideshare accidents included, liability is determined through an investigation that may examine evidence such as traffic surveillance footage, police reports, witness testimonies, and vehicle damage. This process helps to establish which party's negligence or wrongful act led or contributed to the accident, thereby determining who is at fault.
The Impact of Contributory Negligence on Compensation Awards
Under contributory negligence laws, if an injured party is found to bear any responsibility for the accident, the compensation they may receive will be reduced accordingly. Essentially, this means that the financial compensation available to a claimant is adjusted based on their level of responsibility in the incident.
For instance, if it's decided that the injured party's actions were 30% responsible for the accident, then the damages awarded to them will be decreased by that same percentage.
If You're an Injured Party in Another Vehicle
If you're the driver or a passenger of another vehicle involved in an accident with a taxi, Uber, or Lyft driver, determining fault becomes a critical factor in seeking compensation. New York follows a no-fault insurance system, meaning that each driver will typically turn to their own insurance provider to cover medical bills and other damages. However, New York law allows drivers to step outside the no-fault system and file a lawsuit if their injuries are of a certain severity or if the costs exceed set limits.
Due to the complicated nature of rideshare and taxi-related accidents, injured parties are strongly encouraged to seek legal guidance from a professional personal injury attorney experienced in handling these types of car accident cases. Even with no-fault insurance coverage, you may still be entitled to further compensation from the liable parties.
If You're Injured as a Rideshare or Taxi Passenger
Should you suffer injury from a car accident in which you were a passenger in a taxi, Uber, or Lyft, you should seek medical attention even if your injuries are not immediately apparent. Then, ensure that the accident is reported to the police, as this will provide the necessary documentation for both filing an insurance claim and bringing a personal injury lawsuit.
Collecting details such as the driver’s number, name, company they work for, and any witness contact information can also be crucial. Similarly, take photographs of the accident scene and your injuries.
Following this, contacting an experienced personal injury attorney, like ours at Foley Griffin, is strongly encouraged.
If You're Injured as a Taxi or Rideshare Driver
If you are a taxi, Uber, or Lyft driver injured in an accident, the first and utmost priority should always be seeking medical attention. Some injuries may not manifest symptoms immediately but could have long-term repercussions on your health and ability to continue working.
The next critical step is to report the accident to the police and your taxi company, which will create an official record of the incident. Collecting and preserving evidence is also crucial; obtain the contact information of all parties involved, including any witnesses, and take photographs of the accident scene, your vehicle, and any visible injuries.
Given the potential for multiple parties to be involved and the likelihood of liability disputes, seeking legal counsel is also recommended.
The Importance of Not Admitting Fault
Following an accident, it's human nature to want to apologize or imply fault, even if you're uncertain about the actual cause of the incident. Irrespective of whether you're the driver, a passenger, or an involved third party, do not admit fault. These offhand comments can be used against you, potentially diminishing your ability to receive compensation.
New York's legal system and insurance companies can interpret statements of concern as admissions of liability, which can significantly impact the outcome of insurance claims and personal injury lawsuits. Hence, it's advisable to limit communication at the scene and avoid discussing the details of the accident with other parties.
Instead, focus on gathering evidence and information, acquiring medical aid, and seeking legal advice from a qualified legal professional as soon as possible.
You Are Not Alone
Injuries sustained in a car accident can leave an individual feeling lost and overwhelmed. Knowing the proper steps to take following an accident involving a taxi or rideshare driver is imperative. At Foley Griffin, our seasoned personal injury attorney is equipped to guide Nassau County residents through each stage of the claim process.
For those seeking compensation after such accidents, remember that time is of the essence. Contact Foley Griffin immediately to discuss your case.