Wrongful-Death Rideshare Accidents in New York
In 2019-2020, Uber reported an average of more than 2.8 million trips a day. Ridesharing, while convenient, comes with risks. Just like any form of transportation on New York roads, there is always a risk of a motor vehicle accident. What if someone is injured or killed in a rideshare accident in New York? What rights are available under New York’s wrongful-death statute?
What is Wrongful Death?
Under New York law, a wrongful death includes one caused by a wrongful act or negligence. Examples of driver negligence can include speeding, driving distracted, or driving while under the influence. When a New York motorist fails to exercise reasonable care, foreseeably injuring others on the road, that can give rise to a negligence claim. In most cases, the insurance company for the at-fault motorist will indemnify the at-fault motorist for injuries caused up to a certain policy limit. Determining insurance coverage after a rideshare accident can sometimes get complicated. The source and amount of insurance coverage can depend on a number of factors that the injured person, or the estate of a person who was killed as a result of the negligence, may not immediately know in the aftermath of the crash.
Recovery for Wrongful Death
Under the New York wrongful-death statute, a personal representative of the deceased can recover, on behalf of the estate, damages to compensate for pecuniary losses stemming from the death. If signed into law by New York’s Governor , a bill called the Grieving Families Act would greatly expand the scope of wrongful-death damages to include possible compensation for
- grief or anguish caused by the death and any disorder resulting from that grief or anguish;
- loss of love, society, protection, comfort, companionship, and consortium; and
- loss of nurture, guidance, counsel, advice, training, and education.
The Act, if signed into law, would also extend the statute of limitations for bringing a wrongful death from the current statute of limitations of two years to three and a half years. At the time of this writing, the Grieving Families Act has not yet been enacted into law. The attorneys at William Mattar, P.C. continue to monitor the situation, because enactment of this law could fundamentally change wrongful death practice.
Contact a New York Wrongful Death Attorney
If you are seeking a wrongful death attorney after a rideshare accident in New York, please do not hesitate to contact a wrongful-death lawyer at William Mattar, P.C. If you are entitled to pursue such a case, our attorneys can help you understand, navigate, and pursue the claim.