Are Uber and LYFT responsible for the injuries caused by their drivers in New York?
Who is legally responsible when an Uber driver on Long Island gets into a car accident that injures someone?
In New York the legal classification of rideshare drivers has been a question of intense legal and political debate. The tech companies have taken the position that Uber and LYFT drivers are independent contractors and not employees. As such, Uber and LYFT may argue that they are not legally responsible for the negligence and actions of the drivers who use their app-based platforms.
In New York personal injury cases, the position of the App based livery companies has created questions concerning who is responsible when an Uber driver gets into a car accident or strikes a pedestrian.
Long Island personal injury lawyers who frequently handle rideshare cases commonly field concerned questions from prospective clients such as;
“Whose insurance covers injuries caused by rideshare drivers?”
“Is Uber responsible for its driver’s accident?"
“Is Uber or LYFT legally responsible when an app based driver hurts me?”
Unless one is involved in the litigation or closely following the rapidly developing developments and law on the issue, the confusion has persisted. Unfortunately, several New York Courts have even recently agreed with the rideshare companies, dismissing claims against the App-based tech companies on the ground that they were not responsible for the actions of the “gig-worker” who carried out their services.
As an experienced Long Island Rideshare Accident Lawyer we argue that the tech companies are vicariously liable for the actions of their “gig-workers” and rideshare drivers. Vicarious Liability, a complex legal concept with many nuances, concerns the question of whether a person or company can be held legally responsible for the acts or omissions of another person or entity.
In cases involving rideshare accidents we look not only to the for-hire driver who caused the accident, but also the company on whose behalf the driver was acting at the time of the accident. In other words, when appropriate, we will bring claims not only against the rideshare driver directly, but also against Uber or LYFT arguing that they are responsible for their driver’s negligence.
An aggressive strategy for handling rideshare accident on Long Island and in New York City.
Rideshare accident cases are unique and different from other types of car accident cases. They are often contested by the defendants, and the issue of whether these workers are classified as independent contractors or employees is a rapidly developing and changing area of the law. As an attorney who has handled many of these cases against many of the players in the industry, it important to stay up to date not only on the App-based technology involved but also on the legal decisions rapidly coming down around the country in both the personal injury and employment law fields.
Those decisions guide how I prosecute Long Island Uber injury lawsuits and they serve as the blueprint for how I choose to approach the depositions of the corporate representatives of Uber and LYFT. Through a thorough familiarity with the App, a command of the companies policies, rules and regulations, and an understanding of the rapidly evolving caselaw on the issue it is possible to get into the proverbial lions cage with the well trained corporate witness and extract concessions and information that will bolster and support the plaintiff’s position that these companies should be held responsible for the actions of the “gig-workers” who carry out their business.
We have, and we will, continue to fight tooth and nail to develop these cases in a manner that puts our clients in the best position to overcome the independent contractor defense.
We strongly believe that the best way to handle these “gig-economy” and rideshare cases is to go on the offensive, early and often, and to continue pushing until we have enough ammunition to diffuse and set aside the question. While the facts and circumstances may differ in individual cases, at the end of the day, our overarching legal argument boils down to the fact that these rideshare companies dominate every aspect of the drivers work from the moment they log on to the app, often times, until well after the driver has logged off. Once the record is full of facts supporting our position we will swiftly move the case toward trial willing to put the question before a jury, if necessary.
