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What to Do if You Are Hit by a Taxi or Uber in NYC

What to Do if You Are Hit by a Taxi or Uber in NYC

Have you been hit by a taxi or Uber while visiting NYC? Whether you believe your injuries were caused as a direct result of the taxi or Uber driver’s negligence, or it was an unfortunate accident, you may have the right to seek compensation.

New York City is a one of the largest and most heavily populated cities in the nation. The traffic is not caused in large part by personally-owned vehicles. Most New York residents and tourists take taxis, hire Uber drivers, or use public transportation to get around. Unfortunately, these vehicles can still cause roads to be congested and potential hazards at almost any time of day. As a result, New York has seen more than its fair share of auto accidents and injuries involving motor vehicles, bicyclists, and pedestrians.

If you have been hit by a taxi or Uber, you may be wondering what to do. What actions should you take immediately after your accident? How do you go about filing a claim? Who is responsible under New York no-fault insurance laws? Do you need to hire an attorney?

Actions to Take Following an Accident with a NYC Taxi or Uber

Any time an individual is injured in a motor vehicle accident, it is important that individual take specific steps to document the accident. Documenting the scene will aid in the claim process. These are a few of the actions you should take after being hit by a taxi or Uber in NYC:

  • Call 911 to report the accident and get emergency services to the scene.
  • Get a full medical assessment of your condition.
  • Note down the name of the taxi company or ridesharing group.
  • Get the driver’s name, I.D. number, driver’s license information, commercial license, and insurance coverage for the taxi or Uber driver.
  • Note down the vehicle’s license plate and any other identifying data.
  • Take pictures of the accident scene with your phone or camera.
  • Get contact information for eyewitnesses.
  • Write down every detail you can remember about what occurred before, during and after the accident.
  • Follow doctor’s orders to the letter.
  • Retain legal representation. Hiring an attorney improves your chances of being able to get fair compensation, whether in a settlement or awarded in court.

Filing a No-Fault Insurance Claim

As New York is a no-fault insurance state, drivers (including those working for taxi companies, Uber and other ridesharing groups) are required by law to carry at least the basic no-fault coverage. According to the New York State Department of Financial Services, minimal coverage would provide for up to $50,000 per person in personal injury protection, regardless of who was at-fault or whether negligence was involved.

No-fault insurance pays for economic damages including:

  • Medical costs
  • Lost wages
  • Certain other expenses directly related to the accident.

In cases where economic damages exceed the $50,000 minimum coverage, or non-economic damages were suffered as a result of serious injury, the victim may be eligible to file a lawsuit seeking fair and just compensation.

Been Hit By a Taxi or Uber in New York? Call Brandel!

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What to Do if You Fell on an Icy Sidewalk or Driveway

What to Do if You Fell on an Icy Sidewalk or Driveway

Living in New York City can be wondrous and exciting, but, like all major urban areas, there are hazards that you have to be cognizant of at all times. Besides traffic, there are some risks for which you may not be prepared – or aware. Since New York weather can be brutal at times, especially in the winter, streets can turn icy overnight. So what do you do if you fell on an icy sidewalk or driveway and get hurt?

A slip on a sidewalk or someone’s driveway is part of premises liability law. You can bring a claim for damages against the homeowner under certain conditions, though premises liability law is complex with many issues regarding proof of negligence, comparative fault, and notice.

To claim injuries in a slip and fall on an icy sidewalk or driveway, there are things you can to preserve your claim and give yourself an opportunity to obtain the most compensation available. Besides getting prompt medical attention, you have to be aware of what a slip and fall case requires so that you can collect compensation.

What Constitutes Negligence in a Slip and Fall

Before you have a viable injury claim, you have to show that the other party, or landowner, was negligent. Negligence law has to do with a person or entity exercising reasonable or ordinary care towards others to whom they owe a duty of care.

Property owners have a duty of care to certain persons who are invited onto their premises or who are there lawfully such as meter readers, postal workers, police and fire or delivery persons. These persons are called licensees and are owed a duty by the residence owner to use reasonable care in keeping their property free of hazardous conditions or to warn guests or licensees of their presence.

Their duty of care does not extend to inspecting the property for hazards but to at least warn if they knew or should have known of the hazard. In the case of a slippery sidewalk or driveway, it can be unreasonably dangerous to allow the condition to continue since there is a high potential for people to slip and sustain serious injuries. You have to show that a residential owner using ordinary care would shovel their driveway or area of sidewalk, remove the ice or salt it, or warn persons of the condition.

The Issue of Notice

New York law imparts liability to property owners who have a statutory duty to maintain a sidewalk that abuts their property in a reasonably safe condition. To hold the owner liable, however, you must show that he had direct or constructive notice of the hazard or that it lasted long enough so that he should have been aware. Under New York City ordinances, this requirement is largely codified in certain cases so that the property owner or tenant in charge of the property has 4 hours to clear snow from an abutting sidewalk following a day time snowfall or prior to 5:00 p.m. Should the snow stop after this time, the homeowner has until 11 a.m.

However, if the owner created the condition by having washed a car earlier in the day or having spread water over the adjacent sidewalk or driveway during freezing weather or just before, then the owner’s liability may be more obvious or easier to prove.

If the sidewalk abutted a commercial business, then the owners probably have a higher standard of care and an investigation is needed to explore what steps it took to clear the hazard and when.

Comparative Fault

New York is a pure comparative negligence state. This means that you can be comparatively negligent, or you contributed to the accident or your injuries, by ignoring an obvious hazard or by not being prepared. In most slip and fall cases, the homeowner, insurance agent or defense attorney will invariably assert that you failed to take reasonable care for your own safety by either not wearing proper shoes, not looking where you were going or were aware of the obvious hazard.

For example, if the weather is cold and you knew it just snowed or rained or you knew your neighbor just sprayed water outside in freezing temperatures, then you are on notice. If you ventured out to someone’s house wearing ordinary shoes or decided to run across the driveway, your conduct was likely not that that would be exercised by an ordinary person under similar circumstances. If both you and the landowner were found at fault, your damages would be reduced by your own degree or percentage of fault. 

Evidence in a Slip and Fall Case

With the knowledge that you have to prove that the landowner had reasonable notice of the hazard but failed to exercise ordinary care, you can take certain actions to prove liability:

  • Take photographs of the snow and ice and exact area where you fell or have someone else do it as soon as practicable.
  • Show the time when the snow fell, how much had fallen, the outside temperature and the time of the rainfall, if any. If your accident occurred 4 hours after the last snow or rain during the day or early evening accompanied by a drop in temperature to well below freezing, then you may have a case of liability.
  • Were there witnesses to your fall or who came to your assistance shortly thereafter? They can attest to the icy conditions, amount of snow and temperature or if the snowfall had stopped.
  • Statements by the homeowner. If the homeowner saw you fall, it is possible the individual apologized or said that they should have warned you or that they were going to shovel or take care of the driveway hours ago but forgot to do so. Other people may have heard the homeowner utter something to that effect.
  • You took reasonable care for your own safety. Be prepared to be accused of not looking out for your own safety by walking too fast, not wearing proper footwear or some other conduct that an ordinarily prudent person would not have followed.
  • Medical care and records have to link your injuries to the accident. If you told the ER doctor or medical personnel that you had a minor ankle sprain or that you just injured your leg the previous day, then you have a serious problem showing that the accident was the proximate, or legal, cause of your injuries. If you are not sure of what you injured, then be general about it to the doctor or other medical assistants or EMT personnel and allow a diagnosis to demonstrate it.

In a typical slip and fall case, you will be contacted within a day or so by an insurance adjuster or investigator to take a recorded statement. You can politely state that you are not prepared to give one and immediately contact an experienced premises liability or slip and fall attorney. Too many injury claims are compromised because an injured claimant inadvertently made a comment that minimized the injuries or placed liability in question. Never agree to a giving a statement without having your attorney present.

Retaining a Slip and Fall Attorney

You can obtain reasonable compensation for your slip and fall but be aware of what needs to be proven and what evidence is necessary. Retaining a slip and fall attorney like Justin D. Brandel promptly can help you gather the proof necessary and avoid the pitfalls common in these types of accidents.


Speak with an attorney about your case today.

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I Was Hit By a Car While Crossing the Street - Can I Sue?

I Was Hit By a Car While Crossing the Street - Can I Sue?

If you have sustained an injury after being hit by a car while crossing the street in New York City, or any location in the state of New York, you may be wondering whether you have the right to sue the driver for damages. Injuries in a pedestrian accident can cause a person to suffer physical and emotional harm, lead to extensive medical treatment, or render them incapacitated and unable to work. The financial, physical and psychological impact can be significant.

Despite these facts, victims of auto accidents are not automatically eligible to file a lawsuit. While you will likely be able to seek damages from the driver’s insurance company under the state’s no-fault insurance law, your ability to sue is dependent upon whether you can prove driver negligence, and whether your injuries meet the state’s definition of “serious injury.”

Hiring a skilled New York auto accident attorney is crucial if you hope to recover the maximum in compensation after being hit by a car while crossing the street. Your attorney can help you with issues such as establishing fault and gathering evidence to prove that the driver acted in a negligent manner or showed a disregard for pedestrian safety at the time of the accident. Skilled counsel can also advise you whether damages exceed the no-fault benefits. If so, you have the right to file a personal injury lawsuit.

What No-Fault Benefits Am I Entitled to Recover?

The New York State Department of Financial Services gives pedestrians who were injured after being hit by a vehicle the right to file a claim for damages under the no-fault insurance laws.aut

If the injuries you sustained a are serious enough that the related medical costs, loss of income and other accident-related expenses exceed the maximum no-fault coverage, you may be able to seek additional benefits, or sue the at-fault driver for fair compensation.

Do My Injuries Meet the State’s Serious Injury Threshold?

According to Section 5102(d) of the New York Insurance Law, a negligent driver must have been responsible for causing a victim serious injury before the victim can file a lawsuit to seek damages above and beyond no-fault benefits. The serious injury threshold, as laid out by the New York State Bar Association, must involve one of the following personal injuries:

  • Fractures
  • Significant, temporary limitations in body functions or systems
  • Permanent, significant limitations in body functions or systems
  • Permanent loss of a limb, organ, body function or system
  • Substantial disfigurement
  • Loss of a fetus
  • Dismemberment
  • Death

The law also states that if a pedestrian is injured to such a level that it will prevent the individual from performing the majority of his or her daily routine, for between 90 and 180 days following the accident, those injuries will likely meet the serious injury threshold.

Legal Representation If You Have Been Hit By a Car While Crossing the Street

Being involved in a pedestrian or auto accident can leave a victim in physical pain, unable to work, and dealing with massive medical bills. If you have been hit by a car while crossing the street, you deserve to be fully compensated for your injuries and losses.

Call Brandel and schedule to meet with a New York accident attorney to discuss your case, learn about your rights, and get help to determine whether you have the right to sue the driver. We know state law, and we take our duty to our clients extremely seriously. We are here to help — Call us now.

Speak with an attorney about your case today.

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