Recent Court Decision Ruled in Favor of Rideshare Company, Allowing Such Cases to Go to Arbitration

Following a historic decision by New York State’s highest court, New York personal injury attorney and road safety advocate Ira Slavit of Levine & Slavit, PLLC is reminding Uber riders that they cannot sue the company for personal injuries they suffered during the ride, but rather, they must submit their claims to an arbitrator.

In the case of Wu v. Uber Tech Inc., the plaintiff, an Uber customer, sued the rideshare company when she was hit by a car in 2020 after the driver let her off in the middle of a busy New York City street. A year later, she agreed to Uber’s updated “clickwrap,” or online, user agreement, which contained a provision that any personal injury claims are to be handled in private arbitration.

The plaintiff argued that the contract’s language was misleading and confusing, while Uber claimed that, even if she did not understand the agreement, she agreed to its terms. On November 25, 2024, the state’s Court of Appeals ruled 5-2 that the contract was legally binding and, therefore, the rider could not sue.

“This one-of-a-kind decision provides a valuable lesson when it comes to approving online agreements without reading them,” Mr. Slavit says. “Although plaintiffs receive less money through arbitration than through a jury trial, they do receive it more quickly. Be sure to read the contract through and through; if you have trouble understanding the terms of the contract, or if you have been involved in a crash with an Uber driver, please contact an attorney immediately.”

For more information on Levine & Slavit, visit www.newyorkinjuries.com.

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* Photo of Mr. Slavit is attached.

About Levine & Slavit PLLC

Levine & Slavit PLLC is a third-generation personal injury firm serving Long Island and the greater New York City area. Its attorneys handle cases such as auto accidents, slip and fall injuries, medical malpractice, wrongful death and products lability. The firm strives to obtain just recovery for its personal injury clients, whether for long-term or short-term needs, and works hard to ensure that its clients are not burdened with costly medical bills as a result of someone else’s action or inaction. For more information, visit www.newyorkinjuries.com.

There is an old slogan that usually pops up in the beginning of September: “School’s Open — Drive Carefully.” However, there are many drivers who ignore that message once the school year begins. Despite laws that punish motorists who fail to stop for stopped school buses, obey the speed limit in school zones or wait for children to cross the street, the problem still exists.

Ira Slavit, Partner, Levine & Slavit PLLC, a personal injury attorney and a road safety advocate, is urging motorists to be mindful of how they drive once school is back in session. “Many people are on the roads, not aware that the school year has begun,” he said. “Speeding through a school zone and passing a stopped school bus can have tragic results.”

In New York State, it is illegal to pass a stopped school bus, but, according to the state’s Transportation Department, nearly 50,000 motor vehicles pass stopped school buses every day. First-time offenders may face a fine between $250 and $400 and/or up to 30 days in jail. Those who commit the infraction a second time may be fined between $600 and $750 and/or up to 180 days in jail. For a third or subsequent offense within three years, fines can range from $750 to $1,000 and/or up to 180 days in jail.

Further, the Department of Pupil Transportation, which is part of the state’s Education Department, reported that children ages 4 to 8 (grades K-3) are the most susceptible to being fatally struck by a motor vehicle. Although this age group makes up less than 35% of the student population, 69% were involved in these fatalities.

“The height of these children may prevent the driver from seeing them over their own vehicles,” Mr. Slavit says. “I urge everyone to drive slowly when approaching a school bus, stop when the lights are flashing and wait until the red lights have stopped flashing. Let’s not have the school year begin with a tragedy.”

For more information on Levine & Slavit, visit www.newyorkinjuries.com.

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* Photo of Mr. Slavit is attached.

About Levine & Slavit PLLC

Levine & Slavit PLLC is a third-generation personal injury firm serving Long Island and the greater New York City area. Its attorneys handle cases such as auto accidents, slip and fall injuries, medical malpractice, wrongful death and products lability. The firm strives to obtain just recovery for its personal injury clients, whether for long-term or short-term needs, and works hard to ensure that its clients are not burdened with costly medical bills as a result of someone else’s action or inaction. For more information, visit www.newyorkinjuries.com.

Now that it is the middle of summer, the risk for reckless driving — especially drunk driving — has become more prevalent. According to the Institute for Traffic Safety, 31% of all motor vehicle fatalities were the result of drunk driving.

In response to these preventable deaths, the New York State Legislature is planning to reintroduce legislation next year that would lower the blood alcohol concentration (BAC) levels for drunk driving and aggravated drunk driving. But Ira Slavit, Partner, Levine & Slavit PLLC, says the elected officials in Albany should address the issue this year before more drivers are killed on the road.

Earlier this year, two separate bills were introduced — one in the Assembly by Jo Anne Simon (D-Brooklyn) and the other in the Senate by John C. Liu (D-Bayside) — that would lower the BAC levels from 0.08 to 0.05 for drunk driving and from 0.18 to 0.12 for aggravated drunk driving. Both versions of the bill are currently in committee. Both chambers of the state Legislature have introduced these pieces of legislation in the past but, unfortunately, they have also been stuck in committee.

“Next year is too late to address this serious issue,” Mr. Slavit said. “Too many lives have been lost as a result of drunk driving. What they should do is call an emergency session to bring this to a vote and pass it so it reaches the governor’s desk as quickly as possible. Utah already lowered the BAC levels and, within a year, fatal alcohol-related crashes went down 20%. New York should follow suit, but they shouldn’t wait to do so.”

For more information on Levine & Slavit, visit www.newyorkinjuries.com.

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* Photo of Mr. Slavit is attached.

About Levine & Slavit PLLC

Levine & Slavit PLLC is a third-generation personal injury firm serving Long Island and the greater New York City area. Its attorneys handle cases such as auto accidents, slip and fall injuries, medical malpractice, wrongful death and products lability. The firm strives to obtain just recovery for its personal injury clients, whether for long-term or short-term needs, and works hard to ensure that its clients are not burdened with costly medical bills as a result of someone else’s action or inaction. For more information, visit www.newyorkinjuries.com.

Says Drivers Must Now Watch out for All Vehicles
That Have Broken Down on the Side of the Road

Effective March 27, New York State will expand its Move Over Law in that drivers must now move over for all vehicles that have broken down by the side of the road, including passenger vehicles. Ira Slavit, Partner, Levine & Slavit PLLC, a personal injury attorney and a road safety advocate based in New York, is reminding people to lower their speed and keep their distance from any disabled vehicles.

According to the New York State Department of Transportation, 37 people were killed while standing next to their vehicles from 2016 to 2020. Each year, 300 people across the country are struck and killed. “These drivers need to be aware of other vehicles on the road, especially disabled vehicles,” Mr. Slavit says. “The number of roadside deaths statewide and nationally are unacceptable.”

The first version of the Move Over Law was enacted in 2010 in which drivers had to slow down or make room for emergency vehicles. It has since been updated to include tow trucks, highway and hazard vehicles. In 2023, Governor Kathy Hochul updated the law to include passenger vehicles. Under the updated law, drivers must either move to another lane that is not immediately next to the disabled vehicle. If they are unable to do so, they must slow down to a reasonable speed.

“By making these enhancements to the Move Over Law, we will see a significant reduction in automobile fatalities,” Mr. Slavit says. “It is not only a matter of courtesy, but a matter of safety.”

Mr. Slavit urges anyone who has had a loved one whose disabled vehicle was involved in a deadly crash to seek legal assistance. “Anyone who has caused a crash or fatality as a result of excessive speeding or negligence should be held to account for the damage they have done,” he says.

For more information on Levine & Slavit, visit www.newyorkinjuries.com.

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* Photo of Mr. Slavit is attached.

About Levine & Slavit PLLC

Levine & Slavit PLLC is a third-generation personal injury firm serving Long Island and the greater New York City area. Its attorneys handle cases such as auto accidents, slip and fall injuries, medical malpractice, wrongful death and products lability. The firm strives to obtain just recovery for its personal injury clients, whether for long-term or short-term needs, and works hard to ensure that its clients are not burdened with costly medical bills as a result of someone else’s action or inaction. For more information, visit www.newyorkinjuries.com.