Long Island is not a city that’s kind to new drivers. Even so, residents have to get from place to place. That means that there’s a risk for accidents. It doesn’t matter what role you take in a Lyft accident. Walking away from a collision and trying to understand your relationship to your losses will be challenging.
If you find yourself facing financial difficulties after a Lyft accident, know that our Long Island Lyft accident attorneys can be there for you. The team at Morelli Law Firm has worked for decades to ensure New York residents retain their rights. During an initial case consultation, you can discuss the best ways to secure the post-accident financial support you deserve.
New York’s Lyft Accident Statutes
New York’s legal timeline begins immediately after a Lyft accident takes place. You’ll need to account for your losses quickly if you want to apply for compensation within the deadlines the state sets against you.
For example, accidents involving emotional distress have a short statute of limitations. New York Civil Practice Law and Rule § 215 gives injured parties facing deliberate emotional distress a year to file their claims.
Comparatively, cases involving negligent emotional distress may be filed within three years, as established by 75A N.Y. Jur. 2d Limitations and Laches § 215.
The most important deadline to consider, however, is the one attending to lost property and personal injury. According to New York Civil Practice Laws & Rules 214, injured parties have three years in total to bring their complaints forward.
Duty of Care in a Lyft Accident
The term “duty of care” refers to the responsibility that drivers on the road owe to one another. This duty requires all drivers to act reasonably on the road, effectively reducing the risk drivers, passengers, and pedestrians face on a daily basis. Drivers who forgo their duty of care can be accused of negligence, especially if their behavior results in someone else’s losses.
Duty of care comes into play when considering liability in a Lyft accident. Because these accidents can involve so many factors, duty of care can help injured parties establish responsibility and subsequently file more effective legal complaints.
Lyft Drivers’ Responsibilities
On-duty Lyft drivers are responsible for the well-being of other drivers as well as their passengers. That’s why Lyft requires all of its drivers to carry insurance when behind the wheel. So long as drivers have the state’s required liability insurance, then Lyft’s protections will extend to the drivers it considers to be on duty.
That said, Lyft’s definition of “on-duty” is specific. The only drivers that Lyft will protect with its insurance are those who are ferrying passengers or who are on their way to pick up another ride.
Comparatively, Lyft considers drivers who aren’t using their app to be off-duty. This classification also applies to drivers who are using their cars for personal purposes. These drivers must seek out insurance and legal representation on their own time.
Unaffiliated Drivers’ Responsibilities
If you’re hit by a Lyft driver, you can take a liable party to court after filing an insurance claim. You’ll need to determine who you can hold liable, though, before submitting your complaint.
If the Lyft driver was on duty, then you can cite Lyft as the liable party. If the driver was off-duty, then you can take that individual driver to court.
Contending with these legal distinctions can leave some drivers feeling ill at ease. If you want help determining who to list as liable in your complaint, our Lyft accident lawyers in Long Island at the Morelli Law FIrm can help clarify your legal standing.
Long Island Lyft Accident Lawyer Near Me 877-751-9800
The Rights of Passengers in a Lyft Accident
Lyft passengers are protected by Lyft’s insurance coverage after a car accident. These parties can file insurance claims with Lyft to restore their lost property.
That said, passengers also have the right to take legal action against the driver they believe to be liable for their accident. If you think a Lyft driver’s negligence resulted in your losses, you can file a complaint against the company.
Alternatively, another driver involved in the accident may be to blame. You can work out liability with Lyft accident attorneys in Long Island to file your most effective civil complaint.
Compensation: What to Fight For
In the days following a Lyft accident, you’ll need to assess the extent of the damage leveled against you. Your insurance company needs this information to determine how to reimburse you. However, this information is also applicable in civil cases. Whether or not your case goes to trial, your initial complaint should include an estimate of the compensation you’re fighting for.
With that in mind, what kind of compensation can you fight for? There are two categories of damages that you can sort your losses into: non-economic and economic.
Non-Economic Damages
When you come away from a Lyft accident, you may be left with as much mental and emotional trauma as you are physical losses. In these cases, know that you don’t have to let these losses go unanswered. While it may feel difficult to apply a dollar value to these kinds of non-economic losses, you can work with a personal injury attorney to do just that.
When considering your non-economic losses, refer back to previous Lyft or Uber cases seen throughout New York. These cases can help you pursue compensation for losses include:
- Loss of consortium
- Loss of enjoyment of life
- Pain
- Suffering
- Inconvenience
In collisions that result in wrongful death, you can either file a new complaint or add wrongful death estimations to your personal injury compensation.
Economic Damages
Economic damages are straightforward to calculate. These losses can include damaged goods, personal injuries, and the cost of replacing your lost property. You can even request the cost of a rental vehicle in your estimated compensation.
At the end of the day, your estimated compensation is designed to make your post-accident life simpler. Work with the Lyft accident attorneys in Long Island to determine which losses are most applicable to your case.
Recover from a Lyft Accident With Our Team
Don’t wait to have your questions about Lyft accidents answered. You can call on Morelli Law Firm’s Long Island Lyft accident lawyers today. A member of our team will sit down with you and make sure you have the information you need to file a civil complaint.
For more information about your post-Lyft accident rights, contact us. We’re available to discuss your needs by phone or online form.