New York Uber and Lyft accidents / ride-sharing accidents.

Uber and Lft ride-share

Ride-share journeys have become the norm in New York City, whether with Uber, Lyft, Via etc. Especially now post-pandemic, most commuters are now choosing the comfort of ordering the­ir rides from their cell phones using the ride-sharing applications, be it uber, lyft or via for example. With these applications, you can even schedule pick-ups for later dates and times which is invaluable for people travelling to the airports and different functions and takes away the headaches of worrying about those details last minute. Unfortunately, because of the significant increase in people using Uber and Lyft applications, motor vehicle accidents involving those vehicles are becoming more and more common.

If you were involved in an accident with an Uber or Lyft vehicle, as an Uber or Lyft driver, as a passenger in an Uber or Lyft car, or a pedestrian struck by an uber or lyft vehicle, the claim process can be a little more complicated than say a regular motor vehicle accident. The reason for this is because generally, Uber or Lyft drivers are licensed by the Taxi and Limousine Commission (TLC) and they have their own commercial insurance policy. In addition, if those drivers are using a ridesharing application, there may be additional coverage that applies to the accident but there are a number of questions that need to be asked and answered to determine if those additional policies apply to your case. That’s why it’s crucial that you speak to an Uber or Lyft accident attorney. The New York City Car accident attorneys at the Law Offices of Darren T Moore have the experience and the knowledge to handle the complicated process that comes with a ride-sharing accident.

Our office will undertake to investigate the Uber or Lyft accident, identify all responsible parties, gather the facts and information necessary to identify all the relevant insurance policies and file your claim with those insurance policies in an effort to obtain for you Moorejustice for your injuries.

How does Uber and Lyft policies apply to me.

As mentioned above, this is where you need an experienced Uber or Lyft accident attorney. Just because the vehicle involved is an Uber or Lyft vehicle doesn’t necessarily mean that the additional policies apply to your case. There are a number of different factors that need to be investigated in a ride-sharing accident, for example,

  • Did the uber or lyft trip begin inside or outside the 5 boroughs of New York?
  • Was the intended destination of the uber or lyft trip inside or outside the 5 boroughs of New York?
  • Was the driver waiting to pick up a passenger through the app?
  • Was the driver signed into the app at the time of the accident and if so, which app?
  • Was the driver distracted in any way by the application itself, for example paying more attention to the GPS or the route that the app was taking him/her?
  • Was the driver focusing his/her attention on the next trip?
  • Did the accident occur while the driver was logged into and using the app?

These factors are important in determining whether the Lyft or Uber insurance policies will apply to your accident. If an on-duty Uber or Lyft driver causes your accident through their negligence, you need to call the Uber and Lyft accident attorneys at the Law Offices of Darren T Moore P.C., right away. Where injured through the negligence of an Uber or Lyft vehicle, our office will fight for MooreJustice for you in relation to your injuries through that driver’s personal insurance on the vehicle and also through the Lyft or Uber policies that will apply to the vehicle.

It’s crucial that if you have suffered serious personal injuries, injuries that require extensive treatment and potential surgeries, you must seek an attorney that has the know-how and experience in handling ride-sharing accident cases so that they can identify all applicable policies and fight for your full recovery.

Common ride-sharing accidents

Unlike the normal motor vehicle driver, the job of an Uber or Lyft driver isn’t as straight forward and they have a number of different things to deal with before, during and after their trip. The drivers are rated by customers for their service, attentiveness, cleanliness of the car and trip quality. Not only do they have to abide by the rules and regulations that apply to all drivers in New York City, Uber and Lyft drivers also have to make sure that their passengers are safe, comfortable, happy with the service being provided and at the same time, but they also need to be at the beck and call of the active applications either on their mobile phones or on their dashboard. Unfortunately, while juggling all of these things, Uber and Lyft drivers can easily be distracted, which is when serious car accidents occur.

Examples of accidents involving ride-sharing Uber and Lyft vehicles include;

  • Speeding
  • Trying to take shortcuts
  • Failing to obey traffic signals and signs
  • Failing to yield the right of way
  • Following too closely
  • Distracted Driving
  • Eyes on the application and not on the road
  • Unable to check blind spots
  • Inadequately maintained vehicles
  • Trying to beat the lights
  • Ignoring pedestrians in the crosswalk

If you are involved in a Lyft, or Uber accident, either as a driver, passenger, pedestrian or bicyclist, it is crucial that you contact the experienced Uber or Lyft Accident Attorneys at the Law Offices of Darren T Moore P.C. We have handled a number of claims against Uber and Lyft, so we are familiar with the common pitfalls that these claims present.

What type of compensation Can I obtain?

If you’re injured in a ride-share accident involving an Uber or a lyft vehicle and that Uber or Lyft vehicle is to blame for your accident and resulting injuries, our offices will seek compensation for you for your pain and suffering, your medical bills, loss of income, emotional distress, disability and where applicable lower-earning capacity. See our Carr Accident section https://www.injurylawatty.com/practice-area/car-accident-lawyer-new-york/

And the FAQ section for more information https://www.injurylawatty.com/faq/

If you suffered injuries in a crash that involved either an Uber or Lyft or any ride-share vehicle, call us immediately for a free consultation.

Our Uber Accident Lawyers or Lyft Accident Lawyers at the LAW OFFICES OF DARREN T. MOORE P.C., are available 24/7 for a FREE CONSULTATION.

Call us free at 917 809 7014.

Illegal immigrants / Illegal Aliens – Can I bring a Lawsuit?

illegal immigrants

The city and state of New York is home to over a million illegal immigrant (s) from all over the world. According to NYC government “Immigrants comprise 37.2 percent of the city’s population but 44.2 percent of the labor force.” 44.2% of the workforce – that’s close to half the working population in New York City. Every day we see workers, documented and undocumented, working in construction, in our stores, restaurants and offices. Many of them are the commuters on our trains and subways, drivers or bicyclists on the roads and pedestrians on the sidewalks.

When personal injury strikes, it doesn’t discriminate based on status, illegal or undocumented vs documented. Because of their status, many undocumented people are only able to work certain jobs and in many situations, forced to do jobs that others would not because of the pay and/or danger that the job entails. According to the nyc.gov site referenced above, “Despite higher labor force participation and increases in educational attainment, median annual earnings for undocumented immigrants ($25,300) is significantly lower than earnings for U.S.-born citizens ($45,500).”

If you are an illegal immigrant and you’ve been injured in an accident, your status does not prevent you from bringing a claim for personal injury.

What do the Courts say?

The Courts in New York, State and Federal have ruled that if you’ve been injured on the job, your status should not prevent you from seeking legal help and potentially compensation for your injuries.

The Immigration Reform and Control Act (ICRA) has held that it’s unlawful for undocumented individuals to submit or use false/forged identity documents to obtain employment and it’s also unlawful for an employer to hire an illegal alien, knowing that he/she is illegal. As long as you have not knowingly or intentionally violated the law in obtaining employment in New York, you should not be prevented from seeking compensation for your loss of earnings, if you were injured on the job.

Let’s take an example, you’re an undocumented construction worker working on a New York construction site and you get injured. First and foremost, in New York you are entitled to apply for workers compensation benefits that provide coverage for your medical treatment and also coverage for loss of earnings for your time out of work. Irrespective of your status, you may also be able to bring a third-party lawsuit against the owner, construction manager and/or general contractor for your injuries. This is where an experienced personal injury

attorney comes in as you need to contact one as soon as possible after a construction accident so that the attorney can advise you of your rights, advise you as to what you’re entitled to and give you the direction you need to make sure that you take care of yourself and your rights. An experienced personal injury attorney will discuss all the facts of your case, how your accident happened and what injuries you sustained. The experienced personal injury attorney will also inquire as to your work history, pay history, how you obtained employment and what personal information was provided in order to obtain employment and can then advise you accordingly.

Construction workers injured on the job is just one example, these accidents can happen to anyone in any walk of life whether it’s in car or truck, on a sidewalk or in a restuarant. There are a number of areas that need to be explored in order to protect your rights and it is crucial that you speak to a personal injury attorney who is familiar with dealing with undocumented individuals who have been injured as a result of negligence in the state of New York.

Call the experienced personal injury attorneys at the Law Offices of Darren T Moore PC for a free consultation at 917-809-7014 to discuss the merits of your case and the issues regarding your status.

What is a Deposition?

Deposition lawyer

A deposition is an examination that is held under oath in relation to the case you are involved in. If you bring a lawsuit because you’ve been injured in a personal injury accident, car accident, construction accident, premises accident for example, one of the stages of bringing that lawsuit will likely include appearing for a deposition. If you are being sued in an action as a Defendant, you will also likely have to appear for a deposition.

When we say an exam, it’s not an exam to test you in any way but it’s simply a process where the other side get to ask questions of you about yourself, your accident and your injuries. We tell everyone of our clients, it’s not a guessing game, its simply an exercise in finding out the information that you have related to your case. The purpose of a deposition is to find out what information that particular witness has and to allow all parties find out the essential facts of the case before going to trial.

Our firm deals with depositions in personal injury actions on a daily basis. For personal injury actions, we always prepare our clients in advance of the deposition and inform them as to why they are doing a deposition and what the deposition entails. We inform them that they will be questioned about their background because this is a personal injury action, and they’re entitled to get to know a little bit about you. In the same token, we are entitled to ask background questions of the Defendant(s) witnesses to get to know about them also. In addition, they will ask you questions about your accident, how it occurred, when it occurred and the details surrounding the accident. They will then ask you questions about your injuries, your medical treatment, and how the injuries from the accident have affected your life.

Where does the Deposition take place? Do I need to appear before a judge?

In order to bring personal injury lawsuit, a deposition is one of the most fundamentally important stages of that lawsuit. It is crucial that you have an experienced personal injury attorney on your side to prepare you and educate you so that you feel comfortable and prepared before undergoing the deposition.

Most depositions take place in a reporting office, you sit around the table with your attorney and the attorneys for the other side sit across the table and between the two sides, a court reporter or stenographer as they are called will transcribe what is said during the deposition. Since Covid 19 entered our lives, most if not all of our depositions have been conducted remotely over zoom which is very convenient for all sides involved and also allows the witness to feel more comfortable, some do it from the comfort of their own home, some come to their attorney’s offices.

It’s important to note that being questioned in a deposition is the same as being questioned in court because you are under oath, swearing to tell the truth so it’s important that you are truthful and prepared for your deposition.

If you’ve been injured in an accident, a car accident, a construction accident, slip and fall or a trip and fall accident, call the Law Offices of Darren T Moore P.C for a free consultation at 917-809-7014 and speak to our experienced personal injury attorneys who will guide you and direct you along the right path in relation to the steps that need to be taken to protect your interests.

What is an IME?

“IME” stands for (Independent Medical Examination). Our office, however, does not call these exams IME’s for a simple reason, an IME indicates that it’s independent, however, in most cases, the doctor who is examining you at the IME is far from independent. They have either been hired by an insurance company or a law firm to defend against or mitigate the action you have brought for your injuries.

In our office, we refer to them as DME’s (Defendant Medical Examinations). Whether it’s a car accident, an injury on the job, a workers compensation accident, a construction accident or any type of personal injury, you may be required to attend medical examinations with either the insurance companies doctors and/or the defence attorneys doctors. It’s important to note that these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

It’s crucial that you have an experienced personal injury attorney that is experienced in dealing with these types of medical examinations so that they can give you the advice, direction and guidance you need and educate you as to:

  • What the process involves?
  • What you need to do?
  • What you don’t need to do?
  • What to expect?

We tell all our clients to be prompt for the appointment, being late may result in the office refusing to see you and marking that appointment as a “no-show” which can affect your benefits. Even though some insurance doctors are over-booked and you may have to wait a considerable time before seeing the doctor, be on time and be patient.

Why is it important to attend these exams?

 If you were injured in a car accident or truck accident, hit as a pedestrian or bicyclist, for example, you will be entitled to no-fault insurance coverage, which includes up to and including $50,000 worth of coverage for medical treatment, out of pocket expenses and time out of work. In order for the insurance company to continue to pay that coverage, they may require that you attend an exam with their doctors. If you fail to appear for that medical exam on two consecutive occasions, the insurance company will terminate your benefits and may refuse to pay for all of your medical treatment, leaving those bills for you to deal with. It’s important to note that generally, the insurance companies will reschedule these exams if it’s requested on time and for a valid reason and this is not counted as a no-show. It’s these nuances and pieces of information that makes it crucial for you to seek out an experienced and knowledgeable personal injury attorney.

If it’s a workers compensation case, where for example, you were injured at work in a construction accident or in a factory or store and you are receiving workers compensation benefits for your medical treatment and time out of work, in order to continue receiving those Worker’s Compensation benefits, you will be required to attend these medical exams with the Worker’s Compensation insurance companies doctor.

Finally, if a personal injury lawsuit is started and filed in the Court for your injuries, part of that process requires that you attend a medical exam or exams with doctors hired by the Defendant(s) involved. Those doctors will examine you and then provide a report related to the examination. As mentioned above, these examination(s) and the doctor’s testimony and report may be used AGAINST YOU at a later date, at trial and/or settlement.

If you’ve been injured in an accident, you need an experienced Personal Injury Attorney to guide you along the right path. Contact the Law Offices of Darren T Moore for a free consultation to discuss if you have a case – call us free at 917-809-7014.

How long do I have to bring a lawsuit in New York?

In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.

If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.

If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.

If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,

Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.

For the “negligent infliction of emotional distress” it’s three (3) years.

If your case involves product liability like a defective product for example, the time limitation is also three (3) years.

What about other actions?

For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.

In New York, breach of contract actions must be filed within six (6) years of the alleged breach.

Debt collection actions also have a six (6) year limitation.

Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.

Call us free at  The Law office of Darren T Moore on 917-809-7014

Top 20 Personal Injury Settlements in New York 2020

The Law Offices of Darren T. Moore P.C. are delighted to have been selected in the top 20 personal injury settlements obtained in New York for the year 2020. To obtain this settlement for a deserving client, especially in the year of the pandemic, is very satisfying for our law firm and we are delighted to help another client obtain Moore Justice.

At TopVerdict.com, they recognize U.S. Personal Injury law firms and attorneys who have obtained one of the highest jury verdicts, settlements, or court awards in the Nation or an individual State, in the field of Personal Injury for that year.

The case in question involved a truck accident where a larger truck struck a smaller truck in the rear, causing serious personal injuries to our client.

We congratulate the Law Offices of Darren T. Moore PC on this achievement.

You can contact the Law Offices of Darren T. Moore PC directly at 917-809-7014 for a FREE CONSULTATION. #MOOREJUSTICE