What To Do If You Have Been Injured in a NJ Rideshare Accident

Being involved in a rideshare accident can be a distressing and confusing experience, especially if you sustain injuries. Whether you were a passenger in an Uber or Lyft, a driver, or an unrelated motorist or pedestrian involved in the accident, it is crucial to know the steps to take immediately following the incident and in the days that follow. Here is a comprehensive guide from Greenberg Law, P.C., on what to do if you have been injured in a New Jersey rideshare accident.

What Constitutes a Rideshare Accident in New Jersey?

A rideshare accident in New Jersey involves an incident with a vehicle that is part of a rideshare service such as Uber or Lyft at the time of the accident. Understanding what qualifies as a rideshare accident is crucial for determining liability, pursuing claims, and securing compensation under state law. Here’s a detailed breakdown of what constitutes a rideshare accident in New Jersey:

1. Involvement of a Rideshare Vehicle

The core element of a rideshare accident is that it must involve a vehicle registered and recognized under a rideshare platform like Uber or Lyft. This includes scenarios where:

• The driver is logged into the rideshare app and available to accept passengers.
• The driver has accepted a ride request and is en route to pick up a passenger.
• The driver is currently transporting a passenger to their destination.

2. Types of Rideshare Accidents

Rideshare accidents can manifest in various forms, similar to typical vehicular accidents, including:

• Collisions between vehicles: This could involve another car, a rideshare vehicle, or a commercial vehicle.
• Single-vehicle accidents: Accidents involving only the rideshare vehicle, which could result from driver error, mechanical failures, or adverse road conditions.
• Accidents involving pedestrians, cyclists, or motorcyclists: These occur when a rideshare vehicle strikes a pedestrian, cyclist, or motorcyclist.
• Multi-vehicle pile-ups: Involving several vehicles, potentially including the rideshare vehicle as one of the parties in larger traffic accidents.

3. During Rideshare Operations

For an accident to be officially recognized as a rideshare accident, the rideshare vehicle must be actively engaged in rideshare operations at the time of the accident. This is determined based on the driver’s status within the rideshare company’s app:

• Period 1 (App On, No Ride Accepted): The driver is logged into the rideshare app but hasn’t accepted a ride request yet. Insurance coverage in this period can be limited.
• Period 2 (Ride Accepted): The driver has accepted a ride request and is in transit to pick up the passenger. The rideshare company’s more comprehensive insurance typically begins to apply.
• Period 3 (Passenger on Board): The passenger is in the vehicle, and the ride is in progress. During this period, the highest level of insurance coverage provided by the rideshare company is in effect.

What To Do If You Have Been in a New Jersey Rideshare Accident

If you’ve been in a rideshare accident in New Jersey, taking the right steps immediately after the incident can significantly impact your ability to recover compensation. Here’s a straightforward guide on navigating the crucial moments following a rideshare accident, from securing your immediate safety to seeking legal representation. Follow these steps to protect your rights and set the groundwork for a strong insurance claim or legal case.

1. Ensure Your Safety and Check for Injuries

Immediately after the accident, prioritize your safety and that of others involved. Check yourself and others for injuries. If it’s safe to do so, move to a secure location. Call 911 to report the accident and request medical assistance if needed. Even if injuries seem minor, it’s essential to be examined by a medical professional as some symptoms may appear delayed.

2. Contact the Police

It’s important to have law enforcement at the scene of the accident. They will create a police report, which is crucial for insurance claims and any legal action. A police report provides an objective account of the accident, documenting details that might be contested later.

3. Gather Information

While waiting for the police, gather as much information as possible. This includes:

• The names, contact information, and insurance details of all drivers involved.
• The license plate numbers of all vehicles involved.
• Contact information for witnesses.
• Photos of the accident scene, including all vehicles involved, any visible damages, and road conditions.

4. Report the Accident to the Rideshare Company

Notify the rideshare company about the accident through their app. Both Uber and Lyft have features for reporting accidents in their apps. This step is crucial as it triggers the company’s insurance coverage process, which may be vital for your claim.

5. Seek Medical Attention

Visit a healthcare provider as soon as possible after the accident. Some injuries, like whiplash or internal injuries, may not be immediately apparent. Medical records will also serve as critical evidence should you need to pursue compensation for your injuries.

6. Document Everything

Keep a detailed record of all medical treatments and related expenses, such as hospital bills, prescription medications, and any other healthcare costs. Also, document any time taken off from work and how the injuries have impacted your daily life and well-being.

7. Consult with a Rideshare Accident Lawyer

Consider consulting with an experienced rideshare accident lawyer who understands the specific legal landscape in New Jersey. A rideshare accident lawyer can offer valuable advice, help you navigate the insurance claims process, and represent your interests in negotiations or in court if necessary.

8. Avoid Discussing the Accident on Social Media

Refrain from discussing any details of the accident on social media platforms. Comments or photos shared can be used against you in your case.

Who Do You Sue if You Are Injured in a Rideshare Accident in New Jersey?

If you are injured in a rideshare accident in New Jersey, determining who to sue involves assessing various factors related to the accident’s circumstances. Here are the potential parties you might consider suing, depending on the specific details of the incident:

1. The Rideshare Driver

If the rideshare driver’s negligence or wrongful actions caused the accident, they could be held liable. Common examples of driver negligence include speeding, distracted driving, driving under the influence, or violating traffic laws.

2. The Rideshare Company (e.g., Uber or Lyft)

Suing the rideshare company itself can be more complex due to the fact that rideshare drivers are typically classified as independent contractors rather than employees. However, there are circumstances under which the company can be held liable:

• Negligent Hiring Practices: If the company failed to conduct a proper background check or hired a driver with a known history of traffic violations or criminal behavior.
• Inadequate Training: If the accident was caused by the driver’s lack of proper training, which should have been provided by the rideshare company.
• Vehicle Maintenance Issues: If the rideshare company owns the vehicle and failed to maintain it properly, leading to mechanical failures that caused the accident.

3. Other Drivers

If another driver’s actions contributed to or caused the accident, you might sue that driver. For example, if another vehicle cut off the rideshare car, leading to a collision, that driver could be held responsible.

4. Vehicle Manufacturers

If a vehicle defect played a role in the accident, the manufacturer might be sued under product liability laws. This could apply if a car’s faulty brakes, airbags, or other critical components failed and contributed to the accident’s severity.

5. Government Entities

Occasionally, poorly maintained roads, malfunctioning traffic signals, or inadequate signage could contribute to an accident. In such cases, a government entity responsible for road maintenance and safety might be held liable.

Legal Strategy and Considerations

Determining whom to sue in a rideshare accident requires a thorough investigation of the accident, including gathering evidence such as accident reports, witness statements, vehicle data records, and more. It often involves complex legal considerations, particularly around issues of negligence and liability:

• Insurance Coverage: Rideshare companies provide varying levels of insurance coverage depending on whether the driver was logged into the app and whether they were carrying a passenger. Understanding these details is crucial.
• Comparative Negligence: New Jersey’s comparative negligence law may also influence a case, particularly if multiple parties (including possibly yourself) share fault for the accident.

Given these complexities, consulting with a skilled New Jersey rideshare accident lawyer is crucial. An experienced attorney can help navigate these intricate legal waters, from identifying all liable parties to handling negotiations with insurance companies, ensuring you pursue all available avenues for compensation.

How Greenberg Law, P.C. Can Help You

At Greenberg Law, P.C., we understand the challenges and hardships that come with being involved in an accident. Whether you are dealing with a personal injury, a workplace incident, or the wrongful death of a loved one, our experienced team is here to provide the legal support and guidance you need. Here’s how we can assist you:

• Experienced Legal Representation: Our team has extensive experience in New Jersey rideshare accident claims.
• Free Case Evaluation: We offer a thorough initial consultation to assess the viability of your claims and plan an effective legal strategy.
• Strategic Negotiation and Litigation: Skilled in negotiations and prepared to litigate if necessary, ensuring you receive the maximum compensation.
• Personalized and Compassionate Service: Dedicated to providing personalized attention, we keep you informed and address all your concerns throughout your case.
• Contingency Fee Basis: No upfront costs; you only pay if we secure a win for your case, aligning our goals with your recovery.

Ready to Get Started?

Contact Greenberg Law, P.C. today to schedule your free consultation and take the first step towards securing the compensation you deserve.