Severe Injury

If you’re in an accident with a commercial vehicle, the liability is fairly straightforward. But if you get injured in an accident with a ridesharing vehicle, the rules may not be the same. Wondering about the differences? Then, keep reading to learn more about the liability differences and nuances in these types of accidents.

The Respondeat Superior Principle

Generally, when you’re in an accident caused by a commercial driver, the respondeat superior principle comes into play. ‘Respondeat superior’ is a Latin phrase that translates to “let the superior answer”. In other words, the employer of the driver is liable for the accident. However, this rule usually only applies when the driver is an employee.

Employers may be generally liable for any accidents caused by their drivers, and employers may face additional liability if they fail to train or screen their drivers adequately. Your lawyer can help you find the right angle to establish liability in these accidents.

People who drive for ridesharing companies are independent contractors, not employees, and as a result, the ridesharing company may not be liable for the accident. However, most ridesharing companies carry liability coverage anyway, and they have been held liable in personal injury cases despite the driver being an independent contractor. This is one of the major differences between the liabilities in ridesharing cases compared to cases involving other types of commercial drivers.

Acting in the Scope of Employment

Usually, for a commercial driver’s employer to be liable, the driver has to be acting in the scope of employment. To explain, imagine a driver is making a delivery for their employer. In this situation, the driver is acting in the scope of employment, so their employer is likely to be liable. In contrast, if the driver leaves work, goes to meet friends, and gets in an accident on the way, the driver’s employer may not be liable.

With Uber, Lyft, and other ridesharing services, the driver is never acting in the scope of employment simply because they are not an employee. Again, however, the ridesharing company may be held liable if the driver has passengers or if they are driving to pick up a fare when the accident occurs.

In both situations, you need a quality accident attorney in your corner. Companies will almost always try to deny their liability in these cases. If someone offers you a settlement, that is a sign that they know they are liable, and before accepting the settlement, you should consult with an attorney to make sure that you’re not taking a lowball offer.

Manufacturer Liability

Sometimes, with both commercial and ridesharing accidents, the manufacturer of the vehicle or some of its components may be liable for the damages. For instance, if someone is injured in a ridesharing vehicle with defective airbags, the airbag manufacturer may be held liable. Similarly, if the cargo falls out of the back of a commercial vehicle due to a defective pulley system, the manufacturer of the pulley system may be held liable for any injuries and damages that occur.

Personal Liability

If you can’t hold the employer, the ridesharing service, or the manufacturer liable for the injuries, the driver may face liability. Commercial drivers may be liable for accidents if they were under the influence of drugs and alcohol, if they forgot to update their logbook, if they were driving while drowsy, or in a variety of other situations. Similarly, ridesharing drivers may be liable for the same reasons. Of course, in both situations, the other driver must have caused the accident. If you caused the accident, you are liable for the injuries.

In that same vein, employers are generally not liable when their drivers engage in intentional tort. This refers to injuries caused by actions such as assault, battery, and kidnapping. In contrast, most accidents aren’t intentional— even if the driver is negligent, they didn’t necessarily mean to cause the injuries.

If you have been in an accident with a commercial vehicle or with a ridesharing driver, you need to work with an attorney who can help you identify the liable party, negotiate with their insurer for the best settlement possible, and take the case to court if necessary. At Mazow | McCullough, PC, we can offer you the support you need when dealing with the aftermath of an accident. To set up a free case evaluation, contact us today.

We can talk with you about your accident, the damages you have suffered, and help you explore liability.

Unfortunately, there isn’t a lot of data comparing commercial accidents with ridesharing accidents. However, you can get a sense of the potential safety levels by looking at other related numbers. Here is what you need to consider.  

Are Ridesharing Accidents More Common than Other Commercial Accidents?

Between 2009 and 2017, fatalities with large trucks increased by 30%, and now, over 4,000 people die from these deaths annually. Generally, 68% of the victims are occupants of other vehicles, 17% are truck occupants, and 14% are pedestrians, bicyclists, or motorcyclists. Commercial trucks are involved with 22% of multiple-vehicle accidents and about 12% of all crashes.

In contrast, there aren’t numbers breaking out the percentage of traffic accidents that involve ridesharing services, but the growing number of these vehicles on the road is likely to have a significant impact on accident rates. Between 2015 and 2018, the number of ridesharing drivers in many large cities quadrupled. In New York City alone, these are over 117,000 ridesharing drivers, and on average, these drivers log about 50,000 miles per year.

Based on these numbers, ridesharing drivers are driving about 5.85 billion miles in New York City alone. In contrast, commercial trucks drive a total of 432 billion miles per year around the entire country. Drivers are likely to encounter both of these vehicles on the road, but are they more likely to crash with a ridesharing vehicle or a commercial vehicle? Unfortunately, there aren’t comparable numbers, but there is research illustrating the potential effect ridesharing has on accident rates in cities throughout the country.

Does Ridesharing Increase Accidents?

The rise of ridesharing services has potentially created an increase in traffic accidents. According to a study from the University of Chicago and Rice University, traffic-accident-related deaths have increased by 2 to 3% since 2011 — that’s 1,100 additional traffic-related mortalities per year. Prior to ridesharing services becoming popular, traffic deaths had fallen to their lowest number since 1949.

However, a study from the Cato Institute, done by researchers from Western Carolina University and published in the Southern Economic Journal, indicates the opposite effect. Using data from the National Highway Traffic Safety Administration (NHTSA), these researchers found that fatal accidents decline by about 1.6% after the introduction of Uber, and in particular, alcohol-related and nighttime crashes decrease in areas with ridesharing services. The researchers also noted a 0.8% decline per month, in arrests for driving under the influence (DUI) and similar declines in several other types of crime.   

The above numbers don’t necessarily indicate that traveling with a ridesharing service is any more or less dangerous than riding in a taxi, on a bus, or in your own car. Instead, these numbers indicate the overall impact that ridesharing services are having on cities.

How Does Ridesharing Affect Cities?

In general, ridesharing services increase congestion, and the extra traffic levels lead to more accidents. When ridesharing services launch in an area, its residents begin using public transit less frequently. At the same time, ridesharing drivers spend a lot of time prowling the roads waiting for fares. On average, these drivers spend 40 to 60% of their time without a fare, and they drive an average of 2.8 miles between fares.

How Does Ridesharing Affect Massachusetts?

Like much of the rest of the world, Massachusetts residents have quickly embraced ridesharing services. Uber launched its services in Massachusetts in 2011. In the first four years in the city, the service gave 28 million rides to 1.75 million people. Those rides added up to 115 million miles, and of course, that doesn’t take into account the miles driven between fares. On Friday and Saturday nights in Boston alone, the service manages about 70,000 journeys, and when people need a professional driver, 45% hire a ride sharing service, 32% get a taxi, and 23% use a rental car.

Has Ridesharing Increased Accident Rates?

While ridesharing services have grown in popularity, accident and fatality rates around the state have also increased. From 2015 to 2016, Massachusetts had a 20% increase in motor vehicle fatalities. In Boston, driving is even more dangerous. Boston is ranked last in a list of 200 most dangerous cities for driving in the United States. On average, Bostonians are in an accident every three years, and in general, the average is 10 years. In other words, your risk of being in an accident is 157.7% more likely if you are driving in Boston, but it isn’t clear whether you are more likely to be in an accident with a commercial vehicle or a ridesharing service.

Analysts linked the increase in accidents to more distracted drivers and to lower gas prices drawing more drivers onto the roads. However, the above cited research from the University of Chicago and Rice University indicates that the increase in fatalities may actually be linked to ridesharing services as well as to these other culprits.

Whether ridesharing has a positive or negative impact on traffic safety is still being determined. However, if you are in an accident, these stats and numbers don’t matter. Instead of getting bogged down in the numbers, you need to be focused on your own journey toward health and healing. After an accident, you may face medical bills, lost wages, pain and suffering, and countless other damages, and that can be stressful to manage on your own. You need an accident attorney who can help you fight for your rights. At Mazow | McCullough, PC, we help clients who have been affected by accidents with commercial vehicles and ridesharing services. To set up a free case evaluation, contact us today.

Ridesharing refers to the process of using an app to summon a driver to take you somewhere in their personal vehicle. Led by companies such as Lyft and Uber, ridesharing has become incredibly popular over the last decade. Riders find these services to be convenient, easy-to-use, and often less expensive than taxis. However, anytime you get into a vehicle there is a risk of getting into an accident.

Have you been injured while riding as a passenger in a ridesharing vehicle? Was your vehicle involved in a car accident involving a ridesharing driver? Were you hit by a ridesharing driver while walking or cycling? If so, you may be entitled to compensation. The team at Mazow | McCullough, PC can help.

Liability in Ridesharing Accidents

Normally in a car crash, the at-fault driver is liable for the damages, but if they are working when they cause the accident, their employer is liable. With ridesharing services, the liability isn’t always as clear, which is why you need a knowledgeable personal injury attorney in your corner.

As a general rule of thumb, ridesharing services only claim liability when their drivers are actively using the app. If the drivers are logged in but don’t have a passenger in the car, Uber and Lyft both have a modest liability policy in place to cover accidents; however, this coverage simply isn’t enough to cover extensive damages to pedestrians and property. In these cases, you need a ridesharing accident attorney who understands how to successfully make a claim against these companies even when their coverage isn’t adequate.

When a passenger is in the vehicle, both Uber and Lyft have $1 million liability policies in place, and in fact, Massachusetts law requires these companies to carry liability policies in that amount. If liability cannot be established against the ridesharing service, the driver may be held personally liable. Unfortunately, ridesharing drivers often use personal insurance policies, and their insurers reject claims related to commercial accidents. Luckily, in both Massachusetts and New Hampshire, drivers are required to notify their insurers so that doesn’t happen.

Damages in Ridesharing Accidents

After an accident with a ridesharing driver, you may face a range of damages. In accident and injury cases, damages refer to any costs you incur as a result of the accident, any future losses you’re likely to face, and significant changes to your lifestyle, emotional state, or physical abilities. The damages can vary from case to case. To ensure you receive a fair settlement that truly meets your financial needs, you should work with an attorney who has experience estimating damages and obtaining generous settlements for clients — that’s what we do at Mazow | McCullough, PC.

Damages may include the following:

• Medical bills
• Costs associated with physical therapy, chiropractic care, or alternative care providers
• Medication
• Medical devices and equipment
• Home health care costs
• Hiring help for essential tasks around the home
• Lost wages
• Reduced future earning capacity
• Disfigurement
• Pain and suffering
• Loss of consortium
• Funeral costs
• Wrongful death
• And more

When you set up a no obligation case evaluation, your attorney can help you assess the damages related to your case.

Bringing Claims Against Ridesharing Drivers and Services

As indicated above, liability is not always clear in cases against ridesharing services and drivers. In most cases, it’s usually more advantageous to bring the claim against the service rather than the driver, simply because ridesharing services have larger insurance policies and more assets than most individual drivers.

However, to protect their bottom lines, these companies and their insurers will try to fight against claims. At the same time, your attorney will try to unearth reasons why they are liable. For instance, New Hampshire state law requires ridesharing drivers to have no convictions for sexual offenses, property damage, driving under the influence of drugs or alcohol, or using motor vehicles to commit felonies in the last seven years. If you are injured in an accident with a driver that did not meet these criteria, the ridesharing service may be liable.

In some cases, your lawyer may identify other liable parties. If faulty airbags or tires, for example, caused the injuries to be worse than they should have been, your attorney may advise you to bring a claim against the manufacturer of those components.

At Mazow | McCullough, PC, we represent clients who have been in ridesharing accidents in Massachusetts and New Hampshire. If you have been in an accident, contact us today. We can start with a free case evaluation and help you decide which steps to take next.

Dealing with the aftermath of an accident can be scary, expensive, and time consuming. Let us help you get through this situation as easily and painlessly as possible.

Drones, which originated as technology that allowed for safe U.S. surveillance in high conflict areas like Afghanistan, have also become a popular new toy for people of all ages. Drones can be both useful and fun to fly, but unfortunately, they also have the ability to cause serious injury. Here’s what you need to know about drones and where to get help if you or a loved one were the victim of drone injuries.

Drone Facts & Statistics

Whether or not you’re familiar with drones, you may not be aware of these interesting drone facts:

• Drones available to purchase from department stores or malls are called UAV’s, or “unmanned aerial vehicles”
• A drone can cost between $50 to $1,500 depending on the level of technology used
• All national parks have banned drones from flying over their property lines
• Drones can fly as high as 400+ feet
• Drones can fly at speeds over 140 mph

Uses for Drones

Drones can be used for a wide variety of personal and commercial activities, including but not limited to:

• Flying for fun, much like one might fly a kite or a remote-controlled airplane
• Real estate photography, to capture aerial photos of large estates
• Aircraft inspections, to ensure that all aspects of an aircraft are in working order before flights
• The study of volcanoes and lava lakes in places where researchers were previously unable to reach due to heat and danger
• Construction surveillance to ensure a construction project is proceeding according to plan
• Mining surveillance to identify problems that could be dangerous for miners or to expose valuable minerals
• Search and rescue missions, to enable multiple people to search far and wide for missing children and adults
• Wedding photography and videography, allowing couples to capture photos and videos from angles that a traditional photographer may not be able to get
• Media coverage for sporting events, marathons and/or outdoor events

How Drones Can Injure

Although drones have many uses, simply put, they’re large, heavy flying machines that, like any other machine, have the ability to malfunction or be operated improperly. A drone that isn’t operated properly or malfunctions in midair can come hurtling down and if it hits one or more people, it could cause serious injury. Whirling blades can cause cuts and lacerations, while an impact can cause head injury, broken bones, and in rare cases, even death.

Imagine being a “crash landing pad” for a heavy piece of flying machinery coming at you at 140+ mph from over 400 feet. Naturally, individuals in this scenario have the potential to suffer severe injuries, many of which can cause paralysis and even disfiguration. In fact, Mazow | McCullough, PC has represented and continues to represent individuals who have suffered severe, permanent injuries due to the negligence of drone owners and operators.

Types of Drone Injuries

Damages Incurred by a Drone Injury

There are many damages that can be associated with a drone injury. Much like any other serious injury that requires hospitalization and extensive care, a drone injury can result in the following types of damages:

• Medical expenses related to the injury, both past and future, to include hospital bills, surgical costs, physical therapy, medications, and any other medical care needed by the victim as a result of the injury
• Lost wages incurred as a result of being out of work due to injuries sustained
• Emotional trauma, pain, and suffering that arises from being suddenly struck out of nowhere by a malfunctioning drone
• Permanent scarring and disfigurement due to the propeller blades and/or weight of the drone
• Funeral expenses if the drone incident resulted in a death

Common Cases Involving Drone Injuries

Who Can Be Held Liable for a Drone Injury?

Like with any injury, it’s important to determine who the at-fault party is before a lawsuit can be brought forward to hold that person or entity legally liable for the damages caused by the drone. Examples of who may be liable in a drone injury case include but are not limited to:

• The operator of the drone, especially if he or she was flying a drone while under the influence of alcohol or drugs or neglected to keep the drone in good operating condition
• The designer or manufacturer of the drone, if the drone was found to be faulty or defective
• The seller of the drone, if the drone did not include proper use and safety warnings on the outside of the box or inside with the instructions for use
• The owner of the drone, if they do not properly instruct the user on how to safely operate the drone and/or if the owner allows the drone to be operated by someone who is not fit to do so
• The property owner of where the incident occurs, if the property owner allowed the drone to be used or operated on the property when it was not safe to do so

How Do I Receive Compensation For My Injury?

Protect Yourself with a No-Fly Zone

Fortunately, there are now ways to protect yourself against drones both invading your privacy and increasing your risk for injury. NoFlyZone.org is a website that allows you to enter in your address and personal information and creates a “no fly zone” around your property that drone operators will see when they check for areas that are safe and acceptable to fly their drone in.

While there are no current requirements to check the no-fly zone database by drone operators, getting your property on the no-fly zone list is a good first step to protecting your privacy and yourself and your loved ones from injury.

How to Get Help After a Drone Injury

If you or a loved one were hurt by a drone, whether the injuries were minor or severe, you may be entitled to compensation to cover damages like medical expenses, lost wages, and more.

At Mazow | McCullough, P.C., we have the skills and resources to help you determine who may be at fault for your injuries and bring a claim forward for financial restitution. We have experience with drones, drone technology, and drone lawsuits and can zealously represent you in a drone injury case. Contact us today for a consultation by e-mail or call us toll free at (855) 693-9084 or locally at (978) 744-8000.