Tag: injuries

Rideshare companies like Uber and Lyft have innovated travel, providing an efficient and cost-effective alternative to traditional taxis. However, with the growth of rideshare usage comes a rise in rideshare accidents. Understanding the causes, consequences, and legal recourse available is crucial for passengers and drivers involved in rideshare-related accidents. A rideshare accident attorney can guide you in navigating this complex landscape.

The Rising Frequency of Rideshare Accidents

The convenience of rideshare services has led to a significant increase in their usage. According to recent statistics, rideshare trips have grown exponentially, leading to a corresponding rise in Uber and Lyft accidents. A Research Brief released by the University of Chicago  found that the introduction of ridesharing accounts for a roughly 3 percent annual increase in traffic fatalities. This uptick in accidents highlights the pressing need for passengers to know the risks and their legal options.

An article published in the University of Illinois UIC Today found that one-third of rideshare drivers surveyed in a new study reported being involved in a crash while working. 

Common Causes of Rideshare Accidents

Several factors contribute to the frequency of Lyft and Uber accidents. Understanding these causes can help passengers stay vigilant and improve safety.

  1. Distracted Driving: Rideshare drivers rely heavily on their smartphones for navigation, accepting rides, and communicating with passengers. This constant use of mobile devices can result in distracted driving, increasing the risk of accidents.
  2. Fatigue: Many rideshare drivers work long hours, often juggling multiple jobs. This can result in fatigue, which impairs reaction times and decision-making abilities, increasing the likelihood of accidents.
  3. Speeding: Some rideshare drivers exceed speed limits to complete more rides and earn higher fares, which can lead to dangerous driving conditions.
  4. Inexperience: A lack of driver experience or unfamiliarity with local roads and traffic patterns can contribute to errors and accidents.
  5. Poor Vehicle Maintenance: Unlike traditional taxi services, rideshare drivers are accountable for their vehicle upkeep. Lack of periodic maintenance can result in mechanical failures and accidents. 

Consequences of Rideshare Accidents

Rideshare accidents can have severe consequences, affecting both passengers and drivers.

  • Injuries: Passengers, drivers, and other road users can suffer various injuries. This can range from lacerations and bruises to critical, life-altering conditions such as traumatic brain injuries or spinal cord damage.
  • Financial Loss: Medical bills, lost wages, and property damage can accumulate quickly, placing a significant financial burden on those involved.
  • Emotional Trauma: The emotional effect of an accident can be profound, leading to anxiety, depression, and post-traumatic stress disorder (PTSD).
  • Legal Complications: Determining liability in a rideshare crash could be complex, involving multiple parties such as the driver, the company, other drivers, and insurance companies 

Your Rights as an Uber or Lyft Passenger

As a passenger in a rideshare vehicle, you have specific rights, especially if you suffer an auto accident injury:

  1. Right to Safety: You have the right to a safe ride. If a driver’s negligence or misconduct causes an accident, you can hold them accountable.
  2. Right to Compensation: If you are hurt in an auto accident, you can fight for compensation for medical expenses, lost wages, pain and suffering, and more.
  3. Right to Legal Representation: You have the right to hire the best car accident lawyer to assist with your case and assure you receive fair compensation for injuries. 

Steps to Take After a Rideshare Accident

If you find yourself injured in a rideshare accident, it’s critical you take the following steps to safeguard your rights:

  1. Seek Medical Attention: Your health is the absolute priority. Though your injuries may seem minor, get a thorough medical examination. There may be hidden or more severe injuries.
  2. Report the Accident: Notify the rideshare company about the accident through their app or customer service. This establishes an official record of the incident.
  3. Document the Scene of the Accident: If physically able, take photos of the scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
  4. Gather Driver Information: Obtain the driver’s name, contact details, insurance information, and vehicle details.
  5. File a Police Report: Ensure a police report is filed, as it is an official accident record, which can be crucial for your case.
  6. Consult a Rideshare Accident Attorney: Contact an auto accident attorney in Wilkes-Barre to examine your case and discuss legal options. 

Frequently Asked Rideshare Accident Questions and Answers 

Who is liable in a rideshare accident case?

Liability can be complex in rideshare accidents. It may involve the rideshare driver, another driver, vehicle or parts manufacturer, or even the rideshare company. A rideshare accident lawyer can help determine the responsible parties. 

What kind of compensation can I receive?

It may be possible to seek compensation for medical expenses, lost wages, pain and suffering, and property damage. The amount depends on the severity of your injuries and the specifics of your case.

 How long do I have to file a rideshare accident claim?

The statute of limitations for personal injury claims varies by state. Pennsylvania has a two-year statute of limitations on personal injury lawsuits. It’s vital to consult with a rideshare accident lawyer promptly to avoid missing the deadline.

Do I need an attorney to handle my claim?

While not legally required, hiring a personal injury attorney can considerably improve the likelihood of appropriate compensation. They can navigate the legal complexities and negotiate with insurance companies on your behalf. 

A Rideshare Accident Attorney Can Protect Your Rights

Hiring a rideshare accident attorney is crucial for five reasons:

  1. Experience in Rideshare Accident Cases: Attorneys who focus on rideshare accidents understand the unique legal issues and can provide knowledgeable guidance.
  2. Determining Liability: Establishing fault is the first step in seeking compensation. Fault may rest with the rideshare driver, another motorist, a trucking company, or possibly the rideshare company if negligence can be proven. An accident claims lawyer can help.
  3. Negotiation: Filing a claim can be complicated, and insurance companies may attempt to minimize payouts. Rideshare collision lawyers are skilled negotiators who can deal with insurance corporations to ensure you receive fair compensation.
  4. Representation in a Personal Injury Lawsuit: If your case goes to court, a Pennsylvania accident attorney can represent you and advocate for your rights.
  5. Peace of Mind: Dealing with the aftermath of a rideshare crash is stressful. An auto accident attorney can tackle the legal complexities, enabling you to concentrate on recovery. To sum it up, an experienced rideshare lawyer can guide you through the claims procedure, negotiate with insurance, and represent you in court if necessary. 

Take Prompt Action if Involved in a Rideshare Accident

Rideshare accidents are a grim reality in our increasingly mobile world. The hidden dangers associated with these accidents highlight the importance of being informed and prepared. By understanding the causes, consequences, and legal recourse available, you can better protect yourself and your rights.

If you are injured in a rideshare accident, taking swift action and seeking professional legal advice can make a major difference in securing the compensation you deserve. Don’t let the complexities of a rideshare accident overwhelm you; contact a rideshare accident attorney in Wilkes-Barre today. The auto accident attorneys at Distasio, Kowalski, & Yelen have years of experience protecting and fighting for the rights of car accident victims. Call or email DKY Law today.

Read our latest blog to learn more about selecting a personal injury attorney for your case.

 

 

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today.

 

 

 

Jeffrey A. Yelen, a partner with DKY Law Firm, is an Elder Law Attorney who brings 25 years of estate planning, probate and estate litigation experience to the clients he serves. He is head of the firm’s Elder Law and Estate Services division and is highly experienced in Wills, Estates, and Trusts.  When you are searching for an Elder Law Lawyer, Attorney Yelen can provide the skilled legal representation you and your family need. Contact Attorney Yelen

It’s usually one of the happiest times of a couple’s lives. Expectant parents anxiously preparing and awaiting the birth of a new baby. Tragically, excitement can quickly turn to heartbreak for parents when something goes wrong and an infant is born injured or suffering in some way. It’s an important time to be sure you understand the difference between a birth injury and a birth defect. While this is a confusing time for new parents, filled with a mix of emotions, it is important to determine the cause of your baby’s suffering. Knowing the difference between a birth injury and a birth defect can be very important in determining if there was any medical negligence involved in harm caused to your baby. If there was negligence or a medical error, you may be eligible for compensation for those injuries and for ongoing medical treatment for your newborn.

What is a birth injury?

Birth injuries usually happen during or immediately after the labor and delivery process. Injuries could possibly result from excessive force or trauma during delivery. Birth injury may also result from failure to monitor the baby for fetal distress or from other medical errors or substandard care during or after the birthing process. This can include misdiagnoses or failure to diagnose potential complications during pregnancy and delivery. It may also include delayed C-section and mistakes involving forceps, vacuum or other birthing tools, among other medical errors. Unlike birth defects, birth injuries are preventable in many cases, depending on the circumstances. Right Diagnosis from healthgrades reported that 7 out of every 1,000 children born in the United States are born with birth injuries each year.

Some examples of birth injuries include:

  • Hypoxic-Ischemic Encephalopathy or HIE
  • Cerebral Palsy
  • Erb’s Palsy
  • Brain damage
  • Head trauma
  • Infection
  • Nerve damage
  • Paralysis
  • Fractures

What is a birth defect?

Birth defects occur as a baby is still developing in the mother’s womb. That’s a main difference between a birth injury and a birth defect. Birth defects are medical conditions or abnormalities that could occur as a result of a variety of causes. This can include certain genetics, infections, exposure to chemicals or drugs, or possibly unhealthy lifestyle choice. Birth defects can have serious and lasting effects on a child.

Examples of birth defects can include disorders such as brain damage, Down syndrome, spina bifida, congenital heart defect, cleft lip or palate, limb or cranial abnormalities, and metabolic disorders. The CDC estimates that birth defects affect one in every 33 babies. This is about 3 percent of all of the babies born in the United Sates each year.

What to do when your infant suffers a birth injury

Sadly, birth injuries are far too common and can mean life-long health consequences for your child. Distasio, Kowalski & Yelen personal injury attorneys see the tragic effects that medical errors have on the lives of families in our area. Bringing a child into the world should be a joyous event. It should not be marred by substandard medical care. Doctor’s and other healthcare providers have a “duty of care” to uphold when treating patients. If they fail to provide that established standard of care, they can be held liable for injuries that occur. It’s time to call an injury attorney.

Getting legal help for birth injuries

We hope this helps you to better understand the difference between a birth injury and a birth defect. If you suspect that your newborn may have been injured as the result of medical negligence or a medical error, you should consult with a medical malpractice attorney. Although you are emotional and overwhelmed when you are dealing with a seriously injured child, you owe it to yourself and your family to determine the cause of the injuries. You want to hold the responsible party accountable. You also want to ensure that the long-term medical and emotional needs of your child are met. An experienced personal injury lawyer will be able to assess your situation and help you explore your legal options.

Medical negligence can lead to birth injury or the death of a child. A birth injury can affect the quality of life of a child, as well as an entire family, resulting in a lifetime of medical treatment and financial hardship. It’s imperative that an experienced birth injury attorney determines if your child is suffering from a preventable birth injury or unavoidable birth defect.

Statute of limitations for birth injury cases in Pennsylvania

The statute of limitations is a time period in which you can legally file your birth injury claim. In Pennsylvania, the statute of limitations for a medical malpractice suit is two years. However, when the patient is a minor, the Minor’s Tolling Statute allows for added time if the patient is under the age of 18. The two-year time limit would begin to run on the child’s 18th birthday.

For more information on your legal options in a birth injury case, contact the Wilkes-Barre personal injury lawyers at Distasio, Kowalski & Yelen toll free at 855-970-5400.