How Rideshare Car Accidents Occur on Long Island
Rideshare crashes usually stem from:
- Speeding or driving too fast for conditions
- Aggressive driving
- Distracted driving
- Driving while drowsy
- Failure to yield
- Failure to follow traffic signals
- Failure to check blind spots
- Driving under the influence
All of these driving behaviors exhibit one thing: negligence. You must prove that negligence exists in your case to receive compensation for your damages.
The four elements of negligence are:
- Duty of care – All road users must follow traffic laws and act prudently to keep everyone safe.
- Breach of duty – The other party failed to exercise their duty of care or act as another person reasonably would under the same circumstances. (This is where negligence comes in.)
- Causation – This negligence led to a crash—such as a T-bone, head-on, rear-end, sideswipe, or rollover collision—and caused injuries.
- Damages – The crash has taken a financial, physical, and emotional toll on you. Examples of damages include lost income, reduced earning power, medical bills, and pain and suffering.
You must support your claim for damages with evidence. Your medical records, eyewitness statements, relevant pictures and videos, and the police report are all appropriate forms of evidence.
Typical Losses You Can Recover in a Long Island Ridesharing Accident Case
The damages you can pursue depend on:
- The extent of your past and future financial downfalls
- The type and seriousness of your injuries
- Your prognosis
- The severity of the collision
- If you can go back to work at full or limited capacity
- How the collision affected your mental health
From this point, your car accident lawyer may establish that you’re entitled to recover:
Medical Costs for Past and Future Care
You may need medical care after a car collision, whether you suffered minor or life-threatening injuries.
As a result, you may be left with medical bills for:
- Pain medication
- Ambulance transportation
- Assistive devices
- Hospital stays
- Imaging scans and diagnostic tests
- Physical therapy
- Ongoing doctor’s appointments
Our team gathers evidence to show the costs of your past and future medical care. Copies of your medical records and testimony from doctors about your prognosis can help us figure out how much compensation we should seek for your medical bills.
Lost Income and Future Loss of Earning Capacity
Sometimes, car collision injuries can put victims out of work for days, weeks, or even months.
They may miss out on income and benefits like:
- Hourly pay
- Paid time off
- Business opportunities
If you can’t work the same job you had before or work at all for the foreseeable future, you could pursue compensation for future loss of earning capacity. This compensation helps cover the money you would have earned if you had not been injured in a ridesharing accident.
Pain and Suffering and Other Intangible Losses
Car accident victims can suffer a wide variety of injuries, such as:
- Back and neck injuries
- Chest trauma
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones or fractures
- Abdominal injuries
- Organ damage
- Internal bleeding
- Cuts and bruises
Debilitating, painful, and inconvenient injuries may even affect your mental health. If that happens, you may be able to recover pain and suffering damages.
You may wonder if you can pursue an award for something intangible—the answer is that yes, you can. Once your attorney knows and understands how the crash has affected your life, they can fight for compensation to address your pain and suffering.
Wrongful Death Damages if Your Loved One Passed Away From Their Injuries
Tragically, some ridesharing accident victims succumb to their injuries. When this occurs, their surviving family members may be able to recover compensation through a wrongful death claim or lawsuit.
Common damages in wrongful death cases include:
- Pain and suffering
- Funeral and burial expenses
- Final medical costs
- Loss of financial support
You may be eligible for other forms of compensation that we haven’t mentioned here. Your attorney can give you a better idea of what to expect from your settlement after they review and investigate your case.
Adhering to Legal Time Limits on Filing Rideshare Accident Cases in New York
You can’t wait forever if you want to file a lawsuit for your rideshare accident damages.
The state of New York implements strict timelines that all accident victims must follow.
- For personal injury: Claimants generally have three years after the accident to file, per CPLR § 214.
- For wrongful death: Surviving family members usually have two years after the accident to take action, according to EPTL § 5-4.1.
Some circumstances may shorten these deadlines, like if a government municipality played a role in the crash. Start working on your case immediately to avoid missing legal deadlines. If you do, the court may deny your right to compensation, and you will have to cover all the costs of your collision. If you contact our firm soon enough, we can help ensure that you comply with the applicable statute of limitations.
Please note that the statute of limitations doesn’t necessarily apply to insurance claims. Insurance companies have their own deadlines for claimants seeking compensation.
What to Do After a Ridesharing Accident on Long Island
By now, you’re probably no longer at the crash scene and are trying to figure out your next steps. To make it easier for you, we have put together this short list of ways to protect yourself and your claim.
Seek Medical Care as Soon as Possible
An ambulance may have taken you to the hospital after your ridesharing accident. If that’s not the case, we encourage you to visit the doctor promptly. You may not have symptoms right now, but some injuries—like traumatic brain injuries—take time to manifest. By the time they do, you could face a prolonged recovery.
Also, waiting a few days or weeks to get treatment could hurt your claim. When the insurance company sees the gap between the crash and your first doctor’s visit, the adjuster may try to dispute your claim. For example, they could say that your symptoms stem from a pre-existing condition rather than a ridesharing accident. It’s also possible for them to blame you for worsened injuries, prompting them to refuse you a fair payout.
Follow up With Your Medical Care
When the doctor creates a treatment plan for you, follow it and attend all your doctor’s appointments.
Your orders may include:
- Taking your prescribed medications
- Going to physical therapy
You don’t want to risk setting yourself back after all the progress you made. Your doctor will release you from their care when they deem you have reached maximum medical improvement (MMI). MMI is when you have recovered as much as possible and can return to your normal activities before the crash.
If you feel you’ve already reached MMI, inform your doctor but do not stop treatment. Going against medical advice may hinder your physical progress and harm your right to compensation. If the insurance company finds out, they could devalue or refuse to pay your claim.
Direct All Communication to Your Car Accident Attorney
Expect a call from the insurance company a day or so after the incident. The adjuster may ask for your account of what happened. Politely decline to answer and give them your lawyer’s contact information—your attorney can handle all communication from there.
Insurance companies aim to protect their bottom line, so they may use anything you say against you during settlement negotiations. For example, if you answer “I’m fine” when they ask how you’re feeling, they could claim that you’re not really hurt.
At Rosenberg & Gluck, LLP, we are well aware of these questionable tactics and know how to work around them so you can receive fair compensation.