Paterson Rideshare Accident Lawyer
If you’ve ever been stuck somewhere in need of a ride, you know how stressful it can be to get a taxi’s number, let alone flag one down, especially in a busy city. And even if you manage to do so, taxi rides can also make a significant dent in your wallet. It’s for these reasons, and many others, that rideshare companies like Uber and Lyft have become very popular throughout the last decade.
That being said, the sheer convenience of these services means there are more rideshare vehicles on the roads than ever before these days, and just like any other cars out there, they can get into accidents.
The problem in these situations, however, is that it’s not always clear whose insurance is liable, and if you’ve been struck by a rideshare vehicle, it can be tough to know where to begin getting help from a car accident attorney. Turn to Garces, Grabler & LeBrocq, where you can get help from an experienced Paterson rideshare accident lawyer today.
Understanding Rideshare Accident Laws
When it comes to accidents that take place in the Garden State, one of the most crucial things you have to know is that New Jersey is one of the few no-fault states in the country, which means you can receive compensation from your personal insurance protection (PIP) coverage for any losses you sustain. Simple as that may sound, the state’s law winds up complicating matters because of the different types of PIP insurance available.
You have the choice of Basic or Standard policies; with a Basic policy, you have very limited options if you’re trying to get compensation after an accident. You don’t have a chance to sue the at-fault party and instead have to rely on your PIP coverage, which isn’t always enough. You also can’t claim non-economic damages unless you’ve sustained a significant injury.
As such, if you have a Basic policy and you get into an accident with a rideshare driver, there’s not much you’re able to do. You’ll file a claim with your insurer and get compensation for your injuries and lost wages.
With a Standard policy, you can sue the at-fault party and claim non-economic damages, like pain and suffering, even if you sustained mild injuries. The question, however, lies in knowing which insurer to target — the driver’s or the rideshare company’s.
The crux of it all comes down to whether the rideshare driver was working through the rideshare app or not when the accident occurred: If they were in their car but had the app turned off, their PIP coverage is in play.
If the driver had the app on but was only waiting for a passenger to accept a ride when the accident occurred, the rideshare company’s insurance is usually the one that will pay.
In an accident that occurs while the driver is on the way to pick up a passenger or while they’re in the process of driving them to their destination, the company’s full insurance policy is on the line.
Because these cases are so complex, and given that who’s liable can come down to whether an app was turned on or not, you need to have experienced lawyers in Paterson helping you from the very start of your rideshare crash claim.
Steps to Take After a Rideshare Accident
The moment you get into an accident with a rideshare driver, there are a few crucial steps you must take:
You need to perform a self-assessment before doing anything else. Are you in pain? Did you hit your head in the accident? Do you see blood? All of these are signs that you shouldn’t move and instead call for medical help.
Additionally, just because you don’t feel or see an injury right away doesn’t mean that you aren’t injured. The spike of adrenaline that an accident (or any form of trauma) causes can dull the sensation of pain, so it can be hours before you notice you’ve sustained lacerations or even more severe injuries.
All of that is to say you need to have medical professionals take a look at you as soon as possible. They’ll be able to tell if you have signs of having suffered a concussion or if you have bruising that could mean a more serious injury.
In New Jersey, you must report a car accident to the police if injuries have occurred or if $500 or more in property damage has taken place. For the majority of people, the best thing to do is to call the police as soon as the accident happens, as it isn’t always clear if either has happened.
Reporting the accident not only ensures you’re following the law but also leaves a record of the accident that you and your lawyer can return to later on. Most police reports have information on the responding officer’s assessment of the accident, as well as contact information for any witnesses.
When you speak with the officer, give them as many details as you remember. You also need to ask them where, when, and how you can get a copy of the report since you’ll need it when filing a claim.
You need to exchange all pertinent information with the other parties involved, and that means witnesses, too. Reach out to them for statements, which you can record on your phone.
However, as you do so, remember not to speak about the accident or say anything regarding who is at fault, as that can affect your claim later on. If you’re not well enough to share and gather such information, have someone do it for you.
Begin Gathering Evidence at the Accident Site
Unless you’re injured and need immediate medical attention, you should start compiling evidence from the scene of the accident. That means taking pictures and videos of as much of the accident as you can.
Don’t just focus on the cars; shift your attention to the road conditions, whether there are skid marks or anything else you notice that may have led to the accident or exacerbated its severity.
As soon as you leave the scene of the rideshare accident (or the hospital if you require treatment), don’t attempt to speak with insurance companies until you first consult with a Paterson lawyer with experience in rideshare accidents. These claims are complex enough that you won’t be able to file them on your own.
Common Causes of Rideshare Accidents in Paterson
Rideshare accidents are common, but why do they occur in Paterson? The following are some of the most recurring reasons:
Distracted driving is one of the leading causes of all car accidents, let alone rideshare accidents. A driver who doesn’t have their eyes on the road, their hands on the wheel, and their mind on driving can easily cause an accident; all it takes is a few seconds of distraction from engaging in activities like texting, fiddling with the radio or GPS, and even speaking with passengers.
Rideshare drivers, in particular, can also become distracted as they try to spot their passengers. They often stop paying close attention to what the car is doing, and although they’re usually driving slowly in these instances, they can still collide with pedestrians and other cars.
Fatigue is another cause of rideshare accidents, especially for company drivers who work full-time. Driving while feeling tired and drowsy makes anyone less alert, causing them to struggle to keep up with changes on the road.
Intoxicated driving is another concern. Although the blood alcohol concentration (BAC) limit in New Jersey is 0.08%, having just one drink can make people more easily distracted. Alcohol affects reaction times and coordination, making accidents more likely to occur.
Driving under the influence of drugs is also a serious issue. People who take opioids or any other type of central nervous system depressants can fall asleep at the wheel, while those who take stimulants can engage in reckless and aggressive driving.
Another type of behavior that can lead to accidents is speeding. A rideshare driver who speeds won’t have time to respond appropriately to any changes on the road. Speeding doesn’t just mean going over the posted speed limit, though; it also includes driving faster than road conditions allow.
Rideshare drivers often drive along unfamiliar roads, which can also lead to accidents. A driver searching for a location or one who is unsure of where to make a turn is more likely to stop and start unexpectedly, leading to accidents; some have even entered one-way streets in the wrong direction.
Reckless driving — a type of negligent behavior related to aggressive driving — is another cause of rideshare accidents, and it involves the wanton disregard of other people sharing the road. Being reckless is a conscious and intentional choice on the part of a driver, and it includes actions like running red lights, racing other vehicles, and failing to yield.
Compensation for Victims of Rideshare Accidents in Paterson
As with any other car accidents that take place in Paterson, you have the right to compensation if you’ve collided with a rideshare driver. Most people can claim economic damages, but only those who have an unlimited right to sue can claim non-economic ones.
Understanding Economic Damages
Economic damages refer to those that have a clear-cut value, such as medical expenses like ambulance fees and hospital bills. You could even seek coverage for changes that you need to make to your home to accommodate for disabilities, and if you suffer injuries that require ongoing care, you can also claim future medical expenses.
Economic damages include lost wages, too. If your injuries have led you to miss work, you’ve missed out on the wages you’d have made, and you can be reimbursed for that. In instances when the injuries are disabling, you can also receive your future wages.
Non-Economic Damages: Are They Available?
These kinds of damages are subjective, which means they don’t have a clear-cut value.
Pain and suffering, for instance, refers both to the emotional and physical distress you’ve undergone because of the accident. The more severe the injuries are, the higher the pain and suffering compensation may be. You’ll want to work closely with a lawyer to help come up with a fair number.
Loss of enjoyment of life is another type of non-economic damage. If you’ve suffered injuries that keep you from living your life the way you used to, you could get compensation.
With everything being said, though, keep in mind that you can only claim non-economic damages if you have a Standard insurance policy and an unlimited right to sue; if you’re relying on a Basic policy, you can’t.
Qualified Paterson Rideshare Accident Lawyers
Perhaps the most vital thing to consider when choosing a lawyer to represent you for these kinds of claims is that it’s not enough to have a personal injury lawyer; you must work to find one who has experience with rideshare accidents, as such circumstances have complexities that other car accidents don’t.
Something else you have to remember is that a rideshare lawyer shouldn’t charge you any upfront fees. An accident drains your resources enough, so you don’t need yet another bill to worry about. The lawyer should work on a contingency basis, meaning they won’t get paid unless you do.
Furthermore, you have to be able to get in touch with your lawyer when you have concerns. If you notice that getting a consultation is difficult and you have to wait days just to meet them, that’s a sign that they’re not the right person for you. A rideshare accident lawyer in Paterson has to offer personalized attention, not treat you like just another case. You have to feel listened to and respected, and if you’re not getting that from the lawyer you’re considering, turn to another one.
Garces, Grabler & LeBrocq: Legal Representation With Heart
We know all too well the kind of impact being in a car accident can have on your physical and emotional well-being. We also know that getting help is often a difficult step to take, so at Garces, Grabler & LeBrocq, we want to make that step easier.
As one of the only firms in New Jersey that offers help to both the English and Spanish-speaking communities of Paterson, from the moment you step through our doors, you’ll be treated with respect and compassion. We want the experience to be as smooth as possible for you; you’ve gone through enough stress already, and asking for aid shouldn’t add to that.
We have years of experience litigating all kinds of claims, including those involving rideshare accidents, and when it comes to dealing with insurance companies, we’re tenacious and ready to fight for your rights so that you can get the compensation you deserve. We’re litigators, as well, which means you don’t have to worry about us under-settling your claim; if we need to take the case to court to get you the settlement you deserve, we’ll do so.
Something else that sets us apart from firms in our area is that we are here to offer the answers that you need. We communicate regularly with all of our clients, letting them know how their claims are progressing and advising them on what the next steps are. You’ll never have to chase us down if you have a question.
Don’t wait to get help after being in a car accident that a rideshare driver caused, and don’t turn to inexperienced lawyers for representation. Schedule a consultation with the Paterson rideshare accident lawyers at Garces, Grabler & LeBrocq by calling 1-800-923-3456 today.