Unsure If You Have a Case? Here’s How a Ridesharing Accident Lawyer Can Help

Ridesharing services like Uber and Lyft have revolutionized the way we travel, offering convenience and accessibility at our fingertips. However, as the popularity of these services grows, so does the number of accidents involving rideshare vehicles.

If you or a loved one has been injured in a rideshare accident, this comprehensive guide aims to provide you with the knowledge you need to protect your interests. We will discuss how a rideshare accident lawyer can help you decide whether you have a case and factors that may affect your claim.

How the Value of a Rideshare Accident Case Is Determined

When determining the viability of your rideshare accident case, several critical factors come into play.

Liability

In rideshare accidents, liability can rest with various parties. If the rideshare driver’s actions, such as reckless driving or running a red light, directly caused the accident, then he or she may be held liable. However, liability may also extend to other motorists or entities, such as municipalities responsible for road maintenance. 

The extent of injuries and damages

Car accidents, including rideshare accidents, can result in a wide array of injuries, ranging from minor to severe. Each year, millions of collision victims suffer fractures, concussions, and spinal cord injuries. In fact, over 4.8 million people were injured in traffic accidents in one recent year.

Following an accident, victims may even experience non-physical injuries such as:

• Emotional distress
• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)

These non-economic damages are equally critical in assessing the overall impact on a victim’s quality of life. The financial impact of rideshare accidents extends beyond immediate medical costs to include lost wages, rehabilitation expenses, and ongoing medical care. 

The severity of your injuries directly impacts your case’s viability.

Insurance coverage

Understanding rideshare company insurance policies is crucial. Rideshare companies like Uber and Lyft provide varying levels of insurance coverage depending on the driver’s status at the time of the accident; this can substantially affect the compensation available to you.

Contributory factors

Factors such as traffic laws, road conditions, weather conditions, and any potential contributory negligence on the part of the injured party can also influence case viability. A thorough investigation will consider all these elements to build a compelling case that supports your claim to compensation.

Legal Avenues to Compensation

In seeking compensation after a rideshare accident, understanding the legal avenues available is crucial.

We will explore the following paths toward securing the compensation you deserve:

1. Filing a personal injury lawsuit
2. Leveraging your own insurance policy
3. Navigating the rideshare company’s insurance policies
4. Being covered by the other driver’s insurance

Each avenue plays a critical role in ensuring you receive the financial support needed to recover from your injuries and move forward with peace of mind.

The rideshare company’s insurance coverage

Rideshare companies like Uber and Lyft typically provide liability insurance coverage for drivers and passengers during trips. 

This may provide coverage for the following:

• Medical expenses
• Lost wages
• Other damages up to the policy limits

The coverage amount varies depending on the driver’s status. If the driver is logged into the app and waiting for a ride request, a rideshare company may provide limited liability coverage, typically up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.

Once the driver has accepted a ride and is en route either to pick up a passenger or during the trip, the coverage increases significantly, sometimes up to $1 million for liability, which includes bodily injury and property damage. 

Additionally, contingent comprehensive and collision coverage may apply if the rideshare driver has a personal insurance policy that includes these coverages.

The other driver’s insurance company

When an accident involves another vehicle, the other driver’s insurance company is crucial in determining compensation. If the other driver is at fault, his or her insurance should cover your damages, including medical expenses, lost wages, and property damage. However, disputes over liability and insufficient coverage are common.

You may need to file a claim with the at-fault driver’s insurer. If so, you must provide all necessary documentation, including the police report, medical records, and any evidence from the accident scene.

The other driver’s insurance company will investigate the claim to determine liability. The insurer may dispute the claim or offer a settlement that may not fully cover your losses. Detailed documentation and persistence are essential in proving your claim and negotiating a fair settlement.

If an agreement is reached, the insurance company will compensate you for your damages. However, if the insurer denies the claim or the settlement offer is inadequate, legal action may be necessary to pursue fair compensation.

Your own insurance policy

Your own insurance company can play a significant role, especially if the other driver is uninsured or underinsured or if liability is disputed. Review your personal auto insurance policy to understand what it covers in case of rideshare accidents. 

Additional coverage options, such as the following, can provide additional financial protection:

• Uninsured/underinsured motorist coverage: If the at-fault driver lacks sufficient insurance, your own uninsured/underinsured motorist coverage can help cover your medical expenses and other out-of-pocket expenses.
• Personal injury protection (PIP) or medical payments coverage: These coverages can help pay for your medical bills regardless of who is at fault. PIP may also cover lost wages and other expenses related to your injuries.
• Collision coverage: If you have collision coverage, your insurer can pay for the repair or replacement of your vehicle, minus your deductible, even if you are liable. This can expedite the process of getting your car fixed while liability is still being determined.

How an Uber Accident Lawyer Can Help You Seek Compensation

Experiencing a rideshare accident can be overwhelming, but a dedicated rideshare accident lawyer can provide crucial assistance in navigating the complexities of seeking compensation. 

Here’s how your legal team can help you determine the value of your claim and guide you through the legal process.

Assessing whether you have a case

A rideshare accident lawyer may take the following steps to determine the viability of your claim:

• Thoroughly reviewing the accident details, assessing liability, and determining the extent of your injuries
• Investigating who was at fault, whether it’s the rideshare driver, another motorist, or the rideshare company due to negligence
• Examining the severity of your injuries – from physical injuries like fractures to emotional trauma – and the financial impact of medical bills and lost wages
• Considering future medical treatments, rehabilitation, and potential long-term impacts of injuries to accurately determine the total value of your claim

Navigating the legal process

It’s best to let your lawyer negotiate with insurance companies on your behalf to secure fair compensation. If you communicate with an insurer without legal representation, the adjuster may employ tactics to reduce settlement or deny your claim.

Your legal team will work diligently to gather evidence to support your claim, including:

• Medical records
• Witness statements
• Police reports
• Expert witnesses
• Accident reconstructions

Your team can help you seek compensation for all your losses, including future medical needs and lost earning capacity.

If negotiations fail to yield a satisfactory outcome, your lawyer prepares your case for litigation. He or she can represent you in court, presenting a strong case to seek maximum compensation for your injuries and losses.

When Rideshare Driver Causes an Accident

When a rideshare driver is responsible for an accident, their company’s liability coverage usually comes into play. For example, Uber and Lyft provide substantial insurance for accidents caused by their drivers during an active ride. However, proving negligence is key to accessing this coverage.

Negligence means the driver failed to exercise reasonable care, leading to the accident. In some cases, rideshare companies may be liable for the following failures:

• Inadequate driver vetting
• Insufficient training
• Faulty maintenance of vehicles
• Knowingly hiring someone with a history of reckless driving

When Multiple Parties Are Involved

In accidents involving multiple parties, determining liability can be more complex. Each party’s degree of fault must be assessed to allocate responsibility for damages. 

This process often involves:

• Comparative or contributory negligence: Depending on state laws, comparative or contributory negligence principles may apply. Comparative negligence allows you to recover damages based on your percentage of fault, while contributory negligence can bar recovery if you are found to be even partially at fault.
• Multiple claims: You may need to file claims with multiple insurance companies if more than one driver is at fault. Thorough documentation and a clear understanding of each party’s insurance coverage are crucial in these situations.
• Legal action: In cases where liability is disputed or settlement offers are inadequate, pursuing legal action against multiple parties may be necessary. Your rideshare accident attorney can work to hold all liable parties accountable.

When a Rideshare Passenger Causes an Accident

Imagine a rideshare driver providing a service to a passenger through a platform like Uber or Lyft. During the ride, the passenger becomes aggressive, is verbally abusive, or even physically assaults the driver or a fellow passenger. In some unfortunate cases, such behavior escalates to the point where it causes a car accident.

If a rideshare passenger assaults you during a trip, whether verbally or physically, it constitutes a criminal offense. Assault involves the threat of harm, while battery involves physical contact that causes harm or injury. Such actions can lead to both criminal charges and civil liability.

Rideshare companies like Uber and Lyft have a duty to ensure the safety of their drivers and passengers. They are expected to implement policies and procedures to mitigate risks, including screening passengers and providing a safe environment. If a passenger’s violent behavior leads to an accident, the rideshare company may share liability for failing to prevent foreseeable harm.

You have the right to file a lawsuit against a passenger who assaulted you or caused an accident. This lawsuit would seek compensation for your injuries, medical care, lost wages, and other damages resulting from the incident.

Legal Options for Pedestrians Struck by an Uber or Lyft Driver

While many drivers for these ridesharing services are cautious and follow traffic laws, there is always the potential for human error or negligence. Distractions, speeding, or failure to yield can all lead to dangerous situations for pedestrians.

Proving fault in car accidents involving pedestrians can indeed be challenging due to several factors that often stack the odds against them:

• Complex evidence gathering: Gathering physical evidence such as skid marks, vehicle damage, and surveillance footage can be challenging. Without clear evidence supporting the pedestrian’s version of events, fault assignment can be distorted.
• Right-of-Way misconceptions: While pedestrians generally have the right-of-way in crosswalks and at intersections, there can be misconceptions about when and where this right applies. Drivers may claim pedestrians were not using crosswalks properly or were crossing against traffic signals.
• Proving negligence is difficult: Pedestrians bear the burden of proving driver negligence caused their injuries, amidst insurance company efforts to minimize liability or shift blame.

When a Rideshare Accident Ends in Tragedy

When a car accident results in wrongful death, this unimaginable tragedy profoundly impacts families with grief and loss. In such heartbreaking situations, the pain can be overwhelming as loved ones grapple with the sudden and senseless loss of a family member. 

Sadly, such tragedies are all too common. According to data from the National Safety Council (NSC), the year 2023 saw over 44,400 traffic accident fatalities in the United States. Beyond the emotional devastation, families often face significant practical challenges, including financial uncertainty and legal complexities.

While no amount of financial restitution can ever replace their loved one, compensation can help a family alleviate the financial burdens that arise from the loss, including:

• Coverage for medical expenses incurred before the victim’s passing
• Funeral and burial costs
• Lost income that the deceased would have provided
• Compensation for the emotional suffering endured by surviving family members

However, pursuing compensation in cases of wrongful death resulting from rideshare accidents presents significant challenges. In such delicate circumstances, having the support of a compassionate and experienced wrongful death attorney is invaluable. He or she can provide guidance, handle legal complexities with sensitivity, and advocate tirelessly for the family’s rights. 

Our Team Is Ready to Help You After a Ridesharing Accident

Have you been injured in a ridesharing accident? If so, you may be uncertain about the strength of your case.

At Hoffspiegel Law, our legal professionals are here to help. Your recovery and peace of mind are our priority, and we are here to support you every step of the way. Together, we can seek justice and ensure your rights are protected.

From investigating the accident and gathering evidence, to negotiating with insurance companies and litigating in court if necessary, your ridesharing accident attorney will work tirelessly on your behalf.