White Plains, New York Rideshare Accident Lawyer

Over the past several years, ridesharing has exploded in New York, including in the White Plains area. Westchester County residents spend an average of 34 minutes commuting each way every day that they go to work. Nearly half travel within the county, while 22 percent go to Manhattan and 6.9 percent go to the Bronx.

White Plains itself has a population of 59,316, according to the 2022 U.S. Census, but that population triples during the day as workers, shoppers, and visitors arrive. The city is Westchester’s premier business market and is home to the county’s largest concentration of retail activity. Three colleges/universities are also located here, which means many young people are looking for ways to get around.

Ridesharing is a popular option, along with bus and rail. Companies like Uber and Lyft offer convenience, accessibility, and efficiency for users, but there are also some safety concerns.

Chaffin Luhana supports White Plains, New York residents with experienced and dedicated ridesharing accident attorneys. We address local ride-sharing laws, who pays for a ridesharing accident, what to do following a collision, and reasons why you may consider filing a lawsuit.

If you have been involved in an accident involving an Uber, Lyft, or other ridesharing vehicle, it is always best to contact a qualified New York ridesharing accident lawyer to discuss your legal options. When you speak with an experienced attorney at Chaffin Luhana, the consultation costs nothing and puts you under no obligation whatsoever.

Give our New York ridesharing accident lawyers a call today to schedule a complimentary consultation at 1-888-480-1123.

Ridesharing Fatality Rate Increased in 2019-2020

As more ridesharing vehicles join the roads in New York, accidents can increase. Researchers from the University of Chicago and Rice University reported in October 2018 that the rise of ride-sharing services like Uber has increased deaths by 2-3 percent in the U.S. since 2011. The increase was not only for vehicle occupants, but also for pedestrians, and appeared to persist or even increase over time.

According to Uber’s most recent safety report, there were 101 motor vehicle fatalities across 91 Uber-related crashes in 2019-2020. That was a 7 percent increase in fatality rate per vehicle miles traveled over Uber’s figures from 2017-2018.

In 2019, about 68 percent of those were occupants in the vehicles, while 32 percent were non-occupants—pedestrians, bicyclists, scooter riders, and the like. In 2020, 74 percent of the fatalities were occupants, while 26 percent were non-occupants.

The report did not mention non-fatal accidents or accidents that resulted in injuries. Nor did it provide information about accidents that occurred when drivers were driving without passengers between rides.

According to Lyft’s most recent safety report, there were 105 motor vehicle fatalities between 2017 and 2019. And though Uber includes more details in its safety report about the fatalities—such as whether they were pedestrians, bicyclists, scooter riders, or others—Lyft provides no such data in its report.

Common Causes of Ridesharing Accidents in White Plains, New York

Common causes of rideshare accidents in White Plains include the following.

Distracted Driving

According to a recent study from the University of Illinois, Chicago, one-third of rideshare drivers surveyed reported being involved in a crash while working. Using a cell phone, driving while tired, or driving on unfamiliar roads increased the likelihood of a crash.

Distracted driving is a problem affecting almost all drivers, but ridesharing drivers may be particularly susceptible to it. They have to manage their apps as part of their jobs, and must also look up and type in information on their phones to get directions. They must also manage new passengers, who may be unruly, drunk, or sick.

Uber purports that its drivers can accept rides with a single click. In truth, drivers often take more time to look at the location of the rider, the destination, and the time needed to complete the ride before accepting it. All this can keep them distracted from their main duty of driving.

Fatigue

Fatigue can lead to issues like slower reaction times and worse decision-making that can increase the risk of an accident. Uber includes a “fatigue management” feature in their app, which takes drivers offline for 10 consecutive hours after they’ve been online for 13 cumulative hours without a consecutive 10-hour break. The feature also reminds drivers to take a 30-minute break if they’ve been online for 7 hours straight.

Lyft limits its drivers to 12 hours of driving before requiring a mandatory six-hour break. That six hours must be uninterrupted, and Lyft prevents drivers from going online with its app until those hours have passed.

According to research by the National Institutes of Health (NIH), however, this may not be enough to prevent driver fatigue. Other factors that can make a driver tired include driving later at night or driving in contrast to natural circadian rhythms. According to the study mentioned above, ridesharing drivers often drive as a second job, as well, which can also make it more likely that they are tired while on the road.

Speeding

According to a study by Zendrive and Aite Group, ridesharing drivers were less likely to speed than average drivers (30 percent compared to 41 percent). If a driver is trying to make more money by accepting additional trips per day, however, they may succumb to the temptation to go too fast.

According to the National Highway Traffic Safety Administration (NHTSA), speeding-related fatalities make up almost one-third of all traffic fatalities.

Inexperience

Unlike other commercial driving services—such as taxi services—ridesharing services do not provide any special training for their drivers before allowing them to transport passengers. They have a list of minimum requirements, which includes having at least one year of licensed driving experience in the U.S., and three years for those under the age of 25.

Ridesharing drivers may, therefore, be young, new to the area, or otherwise inexperienced. It can take time to learn how to use the app, and during that learning period, drivers may be more likely to be distracted. Some ridesharing drivers may also have the option of leasing a vehicle if they don’t have one of their own, so they may not be fully experienced with the vehicle they are driving.

Unpredictable Driving

Ridesharing drivers must scan to find their passengers. Particularly if they are not familiar with the area, they may need to look around to find the right street where their passenger is waiting. This can cause unpredictable driving, including unexpected stops, sudden turns, or slow driving.

Aggressive Driving

Any driver may choose to drive aggressively. A ridesharing driver may choose to do so to reach their destination more quickly. They may speed, tailgate, or make abrupt lane changes—all of which can increase the risk of an accident.

Poorly Maintained Vehicle

Ridesharing companies typically have a set of requirements that must be met before a driver is cleared to drive in New York. The vehicle must have at least four doors, for instance, as well as working seatbelts for at least four passengers and a driver, and be in good condition with no cosmetic damage. It must also have had a current emissions inspection from a DMB inspection facility.

Uber and Lyft also recommend regular maintenance on drivers’ vehicles but do not require it. Drivers who fail to perform regular maintenance inspections put their passengers at risk. Common issues include worn brakes, tire blowouts, missing signal lights, and faulty seatbelts or airbags.

Driving Under the Influence

Uber and Lyft have specific policies regarding intoxicated driving, allowing neither drugs nor alcohol in the vehicle. But that doesn’t mean that it never happens. Just like any driver, a ridesharing driver may choose to drive while under the influence of alcohol or drugs. This affects reaction time, thinking, and decision-making, and can increase the risk of an accident.

Unsafe or Illegal Parking

Ridesharing drivers may park in strange places when picking up or dropping off passengers. This can affect surrounding traffic and may put other drivers or pedestrians in danger.

New York Ridesharing Laws

New York laws require that:

• Ridesharing vehicles must be less than 15 years old and have at least four doors.
• Ridesharing vehicles be in good condition after passing state inspection.
• Ridesharing drivers be at least 19 years of age with a valid state driver’s license.
• Ridesharing drivers maintain current vehicle registrations and carry locally accepted insurance.
• Ridesharing drivers pass a criminal background and fingerprint check.

How to Select an Attorney in New York for Your Ridesharing Accident

When looking for the best ridesharing accident attorney in White Plains, New York, look for the following qualifications:

Experience with Ridesharing Accidents

Many lawyers have experience with car accidents, but ridesharing accidents are different. You increase your chances of being successful in your ridesharing accident lawsuit if you have an attorney who has experience with your type of case. There are unique laws in New York that apply to ridesharing accidents, and your attorney needs to be well-versed in these to properly represent you.

Reputation

It’s easy these days to find out more about the firm you’re considering working with. Check online to see what sort of reputation they have. Then feel free to ask them about their other clients, their results, and their referrals. A good ridesharing accident attorney will be willing to provide references that speak to their abilities and their reputation.

Professionalism

When you hire a ridesharing accident lawyer, you’re not hiring only the attorney—you’re hiring the entire firm or office. That means you want to check the attorney’s staff as well, as they will likely be doing research and investigative work on your behalf. Are the staff listed on the website? Do the staff you interact with over the phone act professionally?

Communication

There are few things as frustrating as wondering how your case is going and hearing nothing from your attorney’s office. It can be equally difficult to try to talk to your attorney about your case if all you hear is a lot of legal jargon that makes no sense to you. As you’re shopping around, take note of how responsive the firm is, and how they communicate with you.

Fees

How will your ridesharing accident attorney be paid? It’s best to choose one that works on a contingency basis. This means they will not charge you unless they can achieve a settlement or judgment in your favor. You may be responsible for smaller costs like filing fees and expert witness fees. Ask about the attorney’s fee process so you understand exactly what you’ll be responsible for.

What Our Clients Have to Say About Chaffin Luhana

Below is a small sampling of the testimonials we have received from our clients:

Auto Personal Injury Recovery

“It’s a shame that the insurance companies put you through this…I’m glad there are people like you out there because the insurance companies would walk all over victims otherwise.”

– Mark S., Personal Injury Client

Automobile Accident Victim

“[The firm has] done right [by] me. You did everything right. Informing me and keeping me up to date. You did a fine job. I appreciate you very much.”

– Roger J., Personal Injury Client

Automobile Accident Victim

“I didn’t know what to expect since I never needed an attorney before. You took care of everything and were there for me.”

– Vicki B., Personal Injury Client

Find more testimonials here.

Dedication to Community

Law partners Eric Chaffin and Roopal Luhana, along with their families, established The Chaffin Luhana Foundation in 2010.

A not-for-profit organization, the Foundation encourages the development of human potential and supports community empowerment through the following activities:

• Scholarships: The Chaffin Luhana Foundation awards an annual scholarship to a student who helps us in the fight against distracted driving by submitting an inspiring personal essay.
• Financial gifts: The Foundation awards periodic financial gifts to institutions of higher learning to support scientific research and funds educational scholarships to students.
• Stephanie Victor Legacy Award: The Chaffin Luhana Foundation awards an annual financial gift to one deserving individual who overcame significant challenges and achieved great milestones in his or her life or career.
• Christopher & Dana Reeve Foundation: Chaffin Luhana has partnered with this organization to benefit those living with spinal cord injuries and paralysis.
• Najee Harris Partnership: We have partnered with Pittsburgh Running Back, Najee Harris, and his Da’ Bigger Picture Foundation to support those in need in the Greater Pittsburgh area.

Firm Awards

The founding partners of Chaffin Luhana have extensive experience in fighting for plaintiffs’ rights:

• Founder Eric Chaffin: Chaffin has handled a wide array of cases against various types of manufacturers, with dozens of multimillion-dollar recoveries.
• Founder Roopal Luhana: Luhana manages the firm’s mass torts division. Throughout her career, she has served on committees in MDLs involving over-the-counter consumer products and defective pharmaceuticals and medical devices.
• Partner Patrick Booth: Booth enjoys using his knowledge and experience to help his clients obtain the best results possible in their personal injury cases.

Chaffin Luhana lawyers have also been named to the prestigious “Super Lawyers” list several years in a row.

Frequently Asked Questions (FAQs)

Who is Financially Responsible After A Ridesharing Accident?

Ridesharing drivers are technically “independent contractors” who operate under the Uber and Lyft banners. Under this classification, the driver’s auto insurance policy would be liable for accident injuries.

Many insurance policies, however, refuse to cover an accident if the driver was operating in a “commercial” capacity unless the driver has a commercial driver’s license and policy.

If the driver’s insurance company denies the claim, Uber and Lyft offer liability insurance under certain conditions similar to what is described below:

• During period 1, when the driver is logged in but has not accepted a ride, both companies cover up to $50,000 per person for bodily injury, up to $100,000 per accident for bodily injury, and up to $25,000/accident for property damage.
• During period 2, when the driver has accepted a trip, liability coverage increases to $1 million.
• During period 3, when the rider is in the car, liability coverage extends up to $1 million, with limited coverage for property damage and uninsured motorist coverage.

If the app is off and the driver was not working for a ridesharing company at the time, neither Uber nor Lyft will cover any damages. The driver’s auto insurance coverage will apply. Coverages and coverage limits change over time. That is why it is crucial to talk with a knowledgeable rideshare attorney to best pursue your claim.

What Are My Options After a Ridesharing Accident?

Your options after a ridesharing accident depend on two factors:

1. Your role in the accident (were you the driver, passenger, or third party?)
2. Which party caused the accident

Usually, the party who caused the accident is liable for damages. New York is a no-fault state, however. That means that each driver’s insurance pays for some expensesafter an accident, regardless of fault, up to a certain limit.

There may be other damages that are not covered by your individual insurance company such as pain and suffering, lost wages, and extensive and ongoing medical care. You may need to file a claim with the at-fault party to receive compensation for these.

Here are some examples:

A third party was at fault

If another driver hit the ridesharing vehicle you were riding in, you and the driver would seek medical damages from your own insurance policies. If you have other damages, you would file claims with the at-fault party’s insurance company.

The ridesharing driver was at fault

Each person’s insurance pays for their own medical bills. For other damages, whether you were a passenger in the ridesharing vehicle, a driver in another vehicle, or a pedestrian or cyclist who was hurt in the accident, you would file a claim with the driver’s insurance company.

Should that claim be denied, you would file a claim with Uber or Lyft’s insurance. Remember that their rules will apply. Was the driver transporting a passenger at the time of the accident? That will affect the amount of compensation that may be available through the company’s insurance.

More than one person was at fault

New York has comparative fault rules, which means that each party can still recover compensation for damages even if they are mostly at fault for the accident. The amount of compensation is reduced by the percentage of fault.

As you can see, these cases can become complicated, particularly when the driver’s insurance isn’t adequate and you have to file a claim with the ridesharing company’s insurance. This is where a ridesharing accident attorney can help.

How Do I Get Money After a Ridesharing Accident in White Plains, New York?

After a ridesharing accident, file a claim with your own insurance provider first for medical expenses. If your policy doesn’t provide enough funds for your needs, you can ask your White Plains attorney about filing with the at-fault party’s insurance provider for additional damages.

Insurance companies are most concerned about their profits and may try to pay you less than you deserve. This is why you may want to hire a New York ridesharing accident attorney. He or she will represent your interests and fight to achieve the best outcome for you.

What Types of Compensation are Available After A Ridesharing Accident?

The types of compensation that may be available to you (depending on your circumstance) after a ridesharing accident include the following:

• Medical damages: This includes current and future medical bills, as well as physical therapy and long-term care if needed.
• Lost wages: If your injuries keep you from being able to work, you can seek compensation for your lost wages.
• Loss of earning capacity: If your injuries are severe enough that they will keep you from returning to your job, you deserve compensation for this.
• Disability and disfigurement: If you were paralyzed or otherwise disabled in the accident, or if you suffered from injuries that resulted in permanent disfigurement, you can make a claim for these damages.
• Property damages: If you were driving another car that was hit by a ridesharing driver, you can claim your property damages. The same would be true if you were riding a bike or motorcycle, as long as the ridesharing driver was at fault.
• Pain and suffering/emotional distress: Though these damages can be more difficult to quantify, your ridesharing accident attorney can help you gather the evidence you need to support this claim.
• Loss of consortium: If you are hurt or disabled to the point that you can no longer provide the support and companionship to your partner or spouse that you did before, your partner or spouse can claim loss of consortium.

What If I Was Traveling In a Vehicle Which Was Involved In An Accident With A Ridesharing Vehicle?

If you were in another vehicle that was involved in an accident with a ridesharing vehicle, you may be able to recover damages from the ridesharing driver or another at-fault driver. The police report as well as other evidence will help determine fault. If you disagree with their findings, a White Plains, New York ridesharing accident attorney can help.

What Should I Do After I Am Involved In A Ridesharing Accident?

After an accident involving a ridesharing vehicle, it’s best to act just like you would after a regular car accident. Start by making sure everyone is okay, and call 9-1-1 if needed. Getting medical attention is paramount following a ridesharing accident in New York.

Even if you “feel fine,” it’s best to have yourself checked for whiplash, herniated discs, meniscus tears, and other latent car accident injuries. Your medical records could prove critical if you decide to file a claim later on.

If you’re a ridesharing passenger involved in a collision, you may want to do the following…

• Use your phone to snap photos and videos of the crash scene and property damage, if possible.
• Make note of the driver’s name and information and contact info of other parties involved.
• Try to get the contact information of any eyewitnesses who saw the crash.
• Do not assume the ridesharing driver’s policy will cover your injury claim. You may need a New York ridesharing accident lawyer to fight.

If you’re a ridesharing driver hit by another vehicle, you may want to do the following…

• Call 9-1-1 to file an accident report and seek medical attention, even if the damage seems minor.
• Take photos, looking particularly for skid marks or lack thereof. Get witness contact information.
• Get the other driver’s license plate number, insurance provider, and contact information.
• Be careful what you say, resisting the bait to apologize or admit liability for the crash.
• Contact your ridesharing company to find out if you are allowed to continue driving for them during the investigation.
• Call your insurance provider to find out who pays for the accident.
• Contact a New York ridesharing accident attorney to negotiate compensation.

If you’re driving another vehicle and get struck by a ridesharing driver, you may want to do the following…

• Get the names and contact information of all witnesses.
• Take as many photos of the accident scene and the cars involved from different angles as possible.
• Call the police from the accident scene to file a report, insisting that the ridesharing driver stick around.
• Contact a law firm to represent your best interests, particularly when dealing with insurers.

Are White Plains, New York Ridesharing Drivers Insured?

Because ridesharing drivers are independent contractors and drive their own vehicles, the insurance works differently than it would for say, a taxi service.

All ridesharing drivers in New York must maintain their own insurance policies as per state laws. If you are in an accident with a ridesharing driver and they are determined to be at fault, you can make a claim with the ridesharing driver’s individual insurance (for damages over what your policy covers for medical damages).

If that insurance isn’t adequate to cover your injuries, talk to your White Plains, New York ridesharing attorney about potentially filing a claim against the ridesharing company. Both Uber and Lyft provide additional insurance to cover accidents involving their drivers. The rules mentioned above apply. The amount of compensation available depends on whether the driver was logged into the ridesharing app at the time of the accident, and whether they had accepted a trip or were carrying passengers.

If the driver was not logged into the app at the time of the accident, the ridesharing company cannot be held liable. Your only option then is to seek damages from the driver’s insurance company.

How Long Do I Have to File A Personal Injury Case Against a Ridesharing Company in New York?

You have three years from the date of the accident to file a personal injury claim in New York. Once that time passes, you can no longer seek compensation.

There are some exceptions to this rule:

• If you want to file a claim against a municipality as well—such as New York City—the statute of limitations is shorter and special rules apply. Typically, you must file a Notice of Claim within 90 days.
• If you or a loved one passed away in the crash, you have two years from the date of the accident to file a wrongful death lawsuit.

It’s best not to wait that long, however. In New York, you have only 30 days to apply for no-fault benefits with your insurance company. If you file after that, the insurance provider may deny your claim. Every case is different, and statutes of limitations vary widely in different sates and depending on your type of case. Talking with an experienced attorney right away is your best option to determine what statute of limitations is applicable to your case. Every day could be the last day to take action on your case or forever lose your right to pursue money for your losses.

You also don’t want the facts of the case to go cold. Gathering evidence about the accident is easiest early on. After that, witnesses may forget details, videos may be erased, and other types of evidence may be more difficult to obtain.

Your Trusted Ridesharing Accident Lawyer in White Plains, New York

The ridesharing accident attorneys at Chaffin Luhana serve victims in the White Plains and New York State area. We are passionate advocates for plaintiffs who have suffered injuries in ridesharing accidents and stand ready to help you pursue compensation to the fullest extent allowed under New York law.

Call us today at 888-480-1123.