Types of Personal Injury Claims That Didn't Exist 20 Years Ago

The world has changed dramatically in the past two decades, and with these changes have come new risks and legal challenges. Advances in technology and shifts in how we live, work, and travel have given rise to personal injury claims that didn’t exist 20 years ago. From rideshare accidents to drone-related injuries, the legal landscape continues to evolve to address these modern issues.

While traditional personal injury claims like car accidents and slip and falls remain common, new categories of cases are emerging due to advancements in technology and new forms of transportation. For victims, understanding these newer types of claims will help them protect their rights and obtain fair compensation.

We reveal the four types of personal injury claims that are products of our modern world in the following article, including: rideshare accident claims, claims involving e-scooters, drone-related claims, and distracted driving claims. For each, we’ll discuss the unique challenges they present and the legal considerations involved.

With any type of accident that results in injuries, you should call a personal injury lawyer first. Call us today to learn more about how we can help.

Rideshare Accident Claims

Ridesharing companies like Uber and Lyft have revolutionized transportation, but they’ve also introduced unique legal challenges when accidents occur. Unlike traditional car accidents, rideshare claims involve multiple parties and layers of insurance coverage.

Determining Liability

In a rideshare accident, liability can rest with:

• The Rideshare Driver: If the driver’s negligence caused the accident.
• Another Driver: If a third party was at fault.
• The Rideshare Company: Depending on the driver’s status (active on the app or between rides or off-duty), the company’s insurance may apply.

Insurance Coverage

Most rideshare companies provide liability coverage for their drivers when they are actively using the app. In New Jersey, for example, Uber and Lyft must carry up to $1.5 million in liability coverage for accidents during a ride. However, this coverage can vary depending on the circumstances, making it important to consult an attorney to navigate these claims.

Claims Involving E-Scooters

E-scooters have become a popular mode of transportation in urban areas, but their rise has also led to a surge in accidents. Whether due to reckless riders, malfunctioning equipment, or poorly maintained roadways, e-scooter injuries are becoming more common.

Common Causes of E-Scooter Accidents

• Collisions with Vehicles: Riders often share the road with cars, increasing the risk of accidents.
• Pedestrian Accidents: E-scooters can collide with pedestrians on sidewalks.
• Defective Equipment: Faulty brakes, steering, or tires can lead to injuries.
• Hazardous Road Conditions: Potholes or debris can cause riders to lose control.

Legal Considerations

E-scooter claims can involve multiple parties, including:

• The rider.
• The e-scooter company, if the accident was caused by faulty equipment.
• Local governments, if poorly maintained infrastructure contributed to the accident.

In New Jersey, e-scooter riders must follow traffic laws similar to bicycles, which can affect liability determinations in these cases.

Claims Involving Drones

Drones have moved from niche gadgets to mainstream tools for recreation, photography, and business. However, they also pose risks, from property damage to serious injuries. Drone-related claims are a new and growing area of personal injury law.

Types of Drone-Related Claims

• Injury to Individuals: Drones can cause physical harm if they crash into people.
• Property Damage: Errant drones can damage vehicles, buildings, or other property.
• Invasion of Privacy: Drone operators can face claims for violating someone’s privacy, which can lead to emotional distress damages.

Legal Framework

Drone use is regulated by the Federal Aviation Administration (FAA), which requires operators to follow specific guidelines. For example, drones must not fly over people or operate in restricted airspace. Violations of these rules can be evidence of negligence in a personal injury claim.

Distracted Driving Claims

While distracted driving has always been a concern, the proliferation of smartphones has made it a leading cause of accidents today. Texting, browsing social media, and even using GPS can take a driver’s attention off the road, leading to serious consequences.

Legal Implications

States such as New Jersey have strict distracted driving laws, including:

• Handheld Device Ban: Drivers cannot use handheld electronic devices while operating a vehicle.
• Texting While Driving Ban: Texting while driving is prohibited and considered a primary offense.

Violating these laws can not only result in fines but also establish negligence in a personal injury claim. Victims can seek compensation for injuries caused by distracted drivers, with evidence such as phone records and eyewitness testimony playing a key role.

Call Brandon J. Broderick For Legal Help

Navigating personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.