Rideshare Accidents Involving Pedestrians

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The rideshare industry has revolutionized transportation, offering convenience and accessibility to millions of users. Companies like Uber and Lyft have become household names, providing a viable alternative to traditional taxi services. However, with this rapid expansion, there has also been a rise in accidents involving rideshare vehicles and pedestrians. In New Jersey, the increasing number of rideshare accidents raises significant legal concerns, particularly for pedestrians who find themselves victims of such incidents.

Pedestrian accidents involving rideshare vehicles can occur in various scenarios, such as when a rideshare driver is distracted while looking for a passenger, during pickups or drop-offs, or even while navigating through busy urban areas. These accidents can result in severe injuries or even fatalities, leading to complex legal battles to determine liability and secure compensation for the victims. Understanding the legal landscape surrounding rideshare accidents involving pedestrians in New Jersey is crucial for ensuring that the rights of the injured are protected.

Legal Responsibilities of Rideshare Drivers and Companies

Determining Liability

When it comes to rideshare accidents involving pedestrians, determining liability can be challenging due to the unique nature of rideshare services. Unlike traditional taxi services, rideshare drivers operate as independent contractors, creating a gray area in terms of legal responsibility. However, both the drivers and the rideshare companies they work for have certain legal obligations that can impact the outcome of accident claims.

Duty of Care

Rideshare drivers, like all motorists, have a duty of care to operate their vehicles safely and follow traffic laws. When a driver fails to uphold this duty and causes an accident, they can be held liable for the resulting damages. Additionally, rideshare companies like Uber and Lyft provide insurance coverage for their drivers, which can come into play in the event of an accident. This coverage typically includes liability insurance for accidents that occur while the driver is actively engaged in a ride or en route to pick up a passenger.

Insurance Coverage

However, rideshare companies often attempt to distance themselves from liability by emphasizing the independent contractor status of their drivers. This distinction can complicate legal proceedings, making it essential for victims to have knowledgeable legal representation to navigate these complexities and hold the appropriate parties accountable.

Rights and Legal Options for Pedestrians

Immediate Steps

Pedestrians involved in rideshare accidents in New Jersey have specific rights and legal options to pursue compensation for their injuries. The first and most critical step for any pedestrian involved in such an accident is to seek immediate medical attention. Not only is this essential for health and well-being, but it also creates a medical record that can be crucial for any subsequent legal claims.

Gathering Information

After addressing medical needs, pedestrians should gather as much information as possible from the accident scene. This includes taking photographs, obtaining contact information from witnesses, and collecting details about the rideshare vehicle and driver. Reporting the accident to the police is also crucial, as an official police report can serve as valuable evidence in legal proceedings.

Comparative Negligence Rule

New Jersey follows a comparative negligence rule, meaning that a pedestrian can still recover damages even if they are partially at fault for the accident. However, their compensation will be reduced by their percentage of fault. For instance, if a pedestrian is found to be 20% at fault for the accident, their compensation will be reduced by 20%. This rule underscores the importance of having experienced legal representation to effectively argue the pedestrian’s case and minimize any assigned fault.

Filing a Claim: Procedures and Challenges

Initial Claim Filing

Filing a claim after a rideshare accident involving a pedestrian involves several critical steps and potential challenges. The process typically begins with filing a claim with the rideshare company’s insurance provider. Both Uber and Lyft provide insurance coverage for accidents involving their drivers, but the specifics of this coverage can vary depending on the circumstances of the accident.

Dealing with Insurance Companies

One common challenge in these cases is dealing with insurance companies that may attempt to minimize payouts or deny claims altogether. Insurance adjusters often scrutinize claims closely, looking for any reason to reduce the amount of compensation. This can include questioning the severity of injuries, the extent of medical treatment, or even the circumstances of the accident itself.

Navigating Multiple Policies

Another challenge is the potential involvement of multiple insurance policies. In addition to the rideshare company’s insurance, the driver’s personal auto insurance and the pedestrian’s own insurance policy (if applicable) may all come into play. Navigating these various policies and determining which ones apply can be complex, requiring a thorough understanding of insurance law and claims processes.

The Epstein Law Firm, P.A.: Expertise in Handling Rideshare Accident Cases

Experience and Commitment

The Epstein Law Firm, P.A. has extensive experience in handling cases involving rideshare accidents and pedestrian injuries in New Jersey. Our firm understands the intricacies of these cases and the unique challenges they present. We are committed to advocating for the rights of pedestrians and ensuring they receive the compensation they deserve.

Comprehensive Approach

Our approach involves a thorough investigation of the accident, gathering all necessary evidence, and working with medical professionals to document the extent of injuries. We also negotiate aggressively with insurance companies on behalf of our clients, striving to achieve fair settlements that cover medical expenses, lost wages, pain and suffering, and other related costs.

Litigation Expertise

In cases where a fair settlement cannot be reached, The Epstein Law Firm, P.A. is prepared to take the matter to court. Our experienced litigators have a proven track record of success in securing favorable verdicts for our clients. We are dedicated to providing personalized and compassionate legal representation, guiding our clients through every step of the legal process.

Contact The Epstein Law Firm Today

Rideshare accidents involving pedestrians present complex legal challenges that require specialized knowledge and experience to navigate effectively. Pedestrians in New Jersey who find themselves victims of such accidents must understand their rights and legal options to secure the compensation they need for their recovery. The Epstein Law Firm, P.A. stands ready to assist these individuals, offering expert legal guidance and dedicated advocacy to ensure their rights are protected and justice is served.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.