Newark Rideshare Accident Attorney

Like any type of motor vehicle, cars that are used for ridesharing purposes can be involved in serious accidents. A rideshare collision can lead to serious injuries for both the driver and the passengers that he or she is transporting.

If you are injured in a Newark rideshare accident, you may be eligible for financial compensation. In these situations, the attorneys at Brady Reilly & Cardoso, LLC can help you identify your optimal path to recovery and fight for your right to justice.

Why Choose Our Newark Rideshare Accident Lawyers for Your Claim

• Our firm has over 50 years of personal injury experience. We will leverage our skills and resources to achieve the best possible outcome in your rideshare accident claim.
• We understand how difficult a rideshare accident can be. We will guide you through each stage of the litigation and help you prepare for each step of your case.
• Our Newark rideshare accident lawyers have recovered millions of dollars in settlements and jury verdicts. We will explore all possible avenues to compensation so that you can recover the award that you deserve.

Common Causes of Rideshare Accidents

Like all motor vehicle accidents, rideshare collisions can occur due to a number of factors. Bad weather, low visibility, and dangerous road conditions can contribute to a crash. However, many rideshare accidents happen because of negligent driving.

Below are some common causes of rideshare accidents:

• Running a red light
• Distracted driving
• Failure to yield the right of way
• Driving while fatigued
• Making unsafe or erratic lane changes
• Driving under the influence of alcohol or drugs
• Failing to stop at a stop sign
• Turning without checking for oncoming drivers or pedestrians

While any of these actions can lead to a collision, distracted driving is particularly common among rideshare drivers. These motorists are often looking at their phones to select rides, verify passenger information, and navigate to different locations. However, this behavior could lead to a serious accident.

Your Legal Options After an Uber or Lyft Accident

If you are injured in a rideshare accident, you have the right to pursue a claim and recover compensation for medical expenses, property damage, and other losses. However, rideshare accident cases can be very complex. Depending on the situation, you could pursue one of many types of claims.

Rideshare companies like Uber and Lyft provide coverage for accidents that are caused by their drivers. However, these drivers need to be actively on duty for you to be eligible for this coverage. You will also need to pursue a claim against the at-fault driver’s coverage before initiating a claim with the rideshare company’s insurance.

In cases where the driver was not on duty at the time of the collision, you could pursue a claim against the at-fault driver’s insurance. There are a lot of complex rules involving these cases, so it is important to consult with a lawyer before initiating your case.

In New Jersey, rideshare services (known as Transportation Network Companies or TNCs) and those driving for them are required by law to carry specific levels of insurance.  These are outlined in N.J. Stat. § 39:5H-10.

Section 39:5H-10 – Automobile insurance required

a. On or before the effective date of P.L. 2017, c. 26 (C. 39:5H-1 et seq.), a transportation network company driver, transportation network company, or any combination of the two shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver, or otherwise uses a personal vehicle to provide prearranged rides, and covers the driver: (1) while the driver is logged on to the transportation network company’s digital network but is not providing a prearranged ride; or (2) while the driver is providing a prearranged ride.

b. Whenever a transportation network company driver is logged on to the transportation network company’s digital network and is available to receive a prearranged ride request, but is not providing a prearranged ride, the transportation network company driver, transportation network company, or any combination of the two shall maintain the following insurance coverage:

1. primary automobile liability insurance in the amount of at least $50,000 for death or bodily injury per person, $100,000 for death or bodily injury per incident, and $25,000 for property damage;
2. primary personal injury protection benefits that provide coverage amounts selected pursuant to section 4 of P.L. 1972, c.70 (C. 39:6A-4 ); and
3. uninsured and underinsured motorist coverage to the extent required pursuant to section 2 of P.L. 1968, c.385 (C. 17:28-1.1 ).

c. Whenever a transportation network company driver is providing a prearranged ride, the transportation network company driver, transportation network company, or any combination of the two shall maintain the following insurance coverage:

1. primary automobile liability insurance in the amount of at least $1,500,000 for death, bodily injury, and property damage;
2. primary automobile insurance for medical payments benefits in an amount of at least $10,000 per person per incident, which shall only apply to and provide coverage for the benefit of the transportation network company driver; and
3. uninsured and underinsured motorist coverage in an amount of at least $1,500,000.

In the context of these requirements, the state of New Jersey defines a prearranged ride as:

The provision of transportation by a TNC driver to a TNC rider (an Uber driver to Uber user, for instance) that begins when a driver accepts a ride request through the digital application controlled by the TNC (Uber or Lyft), continues while the driver transports the rider or riders, and ends when the last rider departs from the vehicle. A prearranged ride only refers to rideshare services and does not include taxis, limousines, buses, or other for-hire vehicles.

Damages Available in Rideshare Accident Cases

Having adequate insurance coverage is extremely important after any motor vehicle accident, especially if you or a loved one suffered serious injuries.  While New Jersey is a No-Fault insurance state, whether or not injured victims must first make a claim with their own personal injury protection (PIP) insurance will depend on the phase of the trip the rideshare driver was in.  If he or she was logged into the app, but had not accepted a ride when the accident occurred, victims must first file a claim with their PIP insurance.  Depending upon the type of PIP coverage and the severity of their injuries, victims may then be able to file a claim with the driver’s insurance policy.

However, if the driver of the Uber or Lyft vehicle is providing a prearranged ride, as defined in the previous section, victims can file a claim or lawsuit directly with the driver’s or rideshare’s insurance company directly.

In these cases, victims may be eligible to recover compensation for:

• Current and future medical expenses
• lost wages
• reduced earning capacity
• pain and suffering
• property damage
• and more.

Contact Brady Reilly & Cardoso, LLC Today

Are you recovering from a rideshare accident? The attorneys at Brady Reilly & Cardoso, LLC can help you secure the settlement that you deserve. Contact us today to discuss your legal options with a Newark rideshare accident lawyer.