Rideshare services, such as Uber and Lyft, have revolutionized transportation, offering convenient and efficient alternatives to traditional taxis. However, the increase in rideshare usage has also led to a rise in accidents involving these vehicles. Navigating rideshare accidents can be daunting, especially when dealing with multiple parties and insurance policies.
This is where a skilled ridesharing accident lawyer becomes invaluable. At Rosenfeld Injury Lawyers, we specialize in understanding the rideshare laws, ensuring that injured victims receive the compensation they deserve.
Why Choose Rosenfeld Injury Lawyers
Choosing Rosenfeld Injury Lawyers for your rideshare accident case ensures you receive the maximum compensation you deserve. Their seasoned legal team specializes in rideshare accidents and has a strong track record of obtaining substantial settlements and verdicts for clients.
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Hip and foot injury exiting a vehicle
We thoroughly investigate each case to ensure all aspects of your injuries, medical expenses, lost wages, and pain and suffering are fully considered. With Rosenfeld Injury Lawyers, you benefit from their expertise in navigating the complexities of rideshare accident claims, our commitment to your financial recovery, and their compassionate support throughout the legal process.
The rise of rideshare services such as Uber and Lyft has undoubtedly transformed urban transportation. However, this convenience has not come without significant safety concerns. The following rideshare accident statistics shed light on the impact of rideshare services on road safety in the United States:
- According to a study by the US National Bureau of Economic Research, there has been a 3% annual increase in vehicular deaths linked to the prevalence of rideshare services. This equates to approximately 987 additional roadway deaths each year attributed to the presence of Uber and Lyft drivers. [1]
- On a positive note, ridesharing has reduced US traffic deaths related to alcohol by 6.1%, highlighting the role of these services in providing safer alternatives to driving under the influence. [2]
- According to Uber’s safety report for 2019–2020, there were 91 fatal incidents resulting in 101 deaths. Thirty-two percent of these crashes involved at least one high-speed vehicle. Twenty-three percent involved alcohol-impaired driving. [3]
Types of Rideshare Accidents
Rideshare accidents can come from a wide range of scenarios. Understanding these different types of motor vehicle accidents is crucial for determining liability and pursuing appropriate compensation. Below are some of the primary types of these accidents our law firm handles.
Collisions with Other Vehicles
One of the most common types of rideshare accidents involves collisions between the rideshare vehicle and another car. These incidents can occur for many different reasons, such as driver negligence, adverse weather conditions, or mechanical failures. Determining liability in these personal injury cases requires a thorough investigation of the circumstances surrounding the collision.
Passenger Injuries
Passengers inside a rideshare vehicle are particularly vulnerable in the event of an Uber or Lyft accident. Injuries can range from minor bruises to severe trauma, such as broken bones or head injuries. If you’re a passenger injured in an accident, establishing legal responsibility is essential for securing compensation for medical expenses for emergency medical services and other treatment, lost wages, and property damage.
Driver Injuries
Rideshare drivers themselves are at risk of injury while on the job. These injuries could stem from auto accidents involving other vehicles, a single car crash due to road hazards, or even assaults by passengers.
Pedestrian and Cyclist Accidents
Accidents involving pedestrians and cyclists can be particularly serious, often resulting in significant injuries or fatalities. These incidents may occur if an Uber or Lyft driver fails to observe traffic signals, does not yield the right of way, or operates the vehicle recklessly. In these cases, the injured party or someone nearby should call for emergency services right away so the victim can seek medical attention.
Anyone involved in a rideshare accident, whether a passenger, Lyft/Uber driver, or pedestrian, should seek legal advice from a Lyft and Uber accident lawyer to navigate these cases effectively.
Common Causes of Rideshare Accidents
Accidents can arise from many different factors, each contributing to the complexity and potential severity of the incident. Below are some of the primary causes of accidents involving rideshares:
Determining liability in a rideshare accident can be complex, involving multiple parties and factors. Some of the parties most often found liable include:
The Rideshare Driver
In many accidents, the rideshare driver is at fault. Personal liability and insurance coverage play a critical role in determining the rideshare driver’s responsibility in these accidents. Rideshare drivers are required to carry personal auto insurance, but this coverage may not always extend to incidents that occur while the driver is working.
Rideshare companies typically provide supplemental insurance policies that cover liability from the moment a driver accepts a ride request until the ride is completed. However, the extent of this coverage can vary, and drivers may still be personally liable for damages, particularly if they are found to be negligent.
The Rideshare Company (Uber, Lyft, etc.)
A rideshare company may also be held liable for accidents through its own insurance policy or in cases of negligent hiring practices. These companies are required to provide comprehensive insurance coverage for their drivers, which typically includes liability insurance for bodily personal injury and property damage. This coverage is designed to protect both the driver and the passengers during a trip.
A rideshare company is generally not liable through vicarious liability because their drivers are independent contractors, not employees, though this is subject to change based on ongoing litigation.
Third-Party Liability
The other driver involved in the accident may also bear responsibility. In situations where other drivers involved cause or contribute to a rideshare accident, their insurance company could be responsible for covering damages. This includes instances of reckless driving, traffic violations, or other negligent actions on the road that lead to a collision with a rideshare vehicle.
Government entities responsible for road maintenance can also be held liable in certain circumstances. For example, if an accident is caused by poor road conditions, such as potholes, insufficient signage, or lack of proper road maintenance, the governmental body in charge of maintaining those roads may be held accountable.
A personal injury attorney can help determine who is liable for an accident that takes place while using rideshare services.
Proving Negligence in Rideshare Car Accidents
To successfully claim damages in a rideshare car accident, it is essential to prove that the rideshare driver or the company acted negligently. The following elements must be established to demonstrate negligence:
- Duty of Care: The rideshare driver has a legal obligation to operate their vehicle safely and adhere to traffic laws to protect their passengers and others on the road. This is the case with all drifters on the road, so this is easy to prove.
- Breach of Duty: A breach occurs when the rideshare driver fails to meet the required standard of care. An example might be a rideshare driver texting while driving, which distracts them and reduces their ability to react to road conditions appropriately.
- Causation: It must be proven that the rideshare driver’s breach of duty directly caused the accident. For example, if a rideshare driver runs a red light and collides with another vehicle, their action is the direct cause of the subsequent injuries.
- Damages: The claimant must show that they suffered actual damages due to the car accident. These damages can include medical expenses, lost wages, and pain and suffering resulting from injuries sustained in the rideshare accident.
When dealing with the aftermath of a rideshare car accident, the expertise of a rideshare accident attorney is incredibly important. Here’s how we can help:
Investigating the Accident
A ridesharing accident lawyer plays a critical role in investigating the facts surrounding an accident. This involves gathering comprehensive evidence, such as a police report, witness statements, app data from the rideshare platform, and photos from the auto accident scene.
By reviewing these records, legal professionals can construct a clear and compelling narrative of the events that transpired. Additionally, they work closely with accident reconstruction experts to gain a clear understanding of how the collision occurred.
Determining Liability
Determining liability in a rideshare accident is often a complex process that requires a thorough analysis of various insurance issues. A rideshare accident attorney must navigate the policies of rideshare companies while identifying all potentially responsible parties. By examining these factors, a personal injury attorney can establish a solid basis for liability and ensure that all avenues of compensation are explored.
Calculating Damages
Once liability is determined, a rideshare accident attorney will calculate the full extent of damages. Accurate damage calculation is essential for securing comprehensive compensation for the victim and their family. If you don’t know what you’re entitled to, you can’t be certain that you aren’t leaving money on the table.
Negotiating with Insurance Companies
Dealing with multiple insurance claims can be overwhelming for accident victims. A dedicated lawyer fights for fair compensation by negotiating with insurance companies on behalf of their clients. This often involves challenging initial settlement offers and ensuring that the compensation accurately reflects the true extent of the damages suffered.
Filing a Lawsuit and Litigating in Court (If Necessary)
If negotiations with insurance companies fail to result in a fair settlement, a rideshare accident lawyer is prepared to file a personal injury lawsuit and represent clients in court. This includes managing all legal proceedings and presenting a compelling personal injury case to ensure that injury victims receive the justice and compensation they deserve.
Navigating the aftermath of a rideshare car accident can be complex, but it’s helpful to get an overview of how the process works and what you can expect.
Understanding Rideshare Insurance Coverage
The ridesharing company’s insurance coverage provided by rideshare companies is essential for protecting both drivers and passengers in the event of an accident. Coverage can vary significantly depending on the status of the rideshare app and the stage of the ride.
Periods of Coverage
- App Off: When the rideshare app is off, the driver’s personal insurance is the primary source of coverage. Rideshare company insurance does not apply during this period.
- App On, No Passenger: When the app is on, but no passenger is in the vehicle, both the driver’s personal auto insurance and the rideshare company’s contingent liability coverage may apply. This is typically lower than the coverage during active rides.
- Passenger Pick-Up/Drop-Off: From the moment an Uber or Lyft driver accepts a trip to the time the passenger is dropped off, the rideshare company’s commercial insurance coverage is generally in full effect. This includes coverage for bodily injuries, property damage, and underinsured/uninsured motorist coverage.
Types of Damages
When seeking compensation after a rideshare car accident through a personal injury claim, it is crucial to understand the types of damages that may be recoverable.
Economic Damages
Economic damages are quantifiable financial losses resulting from the accident. This includes:
- Medical Expenses: Costs associated with hospital stays, surgeries, doctor visits, prescription medications, rehabilitation services, and any other healthcare-related expenses.
- Lost Wages: Compensation for income lost due to the inability to work during recovery from the accident.
- Property Damage: Reimbursement for the repair or replacement of vehicles and other personal property damaged in the accident.
- Out-of-Pocket Expenses: Any additional costs incurred as a direct result of the accident, such as transportation to doctor’s appointments and costs for adaptive medical equipment.
- Future Economic Losses: Projected financial losses, including ongoing medical treatment and the loss of future earning capacity.
Non-Economic Damages
Non-economic damages refer to intangible losses experienced by the victim:
- Pain and Suffering: Compensation for physical pain caused by the car accident.
- Emotional Distress: Damages for psychological impact, including anxiety, depression, and any post-traumatic stress disorder (PTSD) resulting from the accident.
- Loss of Enjoyment of Life: Compensation for the reduced ability to enjoy daily activities or hobbies that were once an important part of the victim’s life.
- Loss of Consortium: Loss of consortium damages can be awarded for the loss of companionship and intimacy as a result of the injuries.
- Disfigurement: Compensation for any scarring, disfigurement, or permanent physical damage caused by the accident.
Punitive Damages
In rare cases, punitive damages could be awarded. These are intended to punish a negligent rideshare driver (or other at-fault driver or responsible party) for egregiously negligent behavior and deter similar conduct in the future. Punitive damages are not typically covered by insurance policies and are pursued primarily through litigation.
Filing a Claim with the Rideshare Insurance Company
Navigating the rideshare accident claims process with a rideshare insurance company can be intricate and demanding. It’s crucial to promptly report the accident and provide comprehensive documentation to support the claim, including medical records, accident reports, and evidence of economic and non-economic losses.
An experienced ridesharing accident lawyer can guide claimants through this process, ensuring all necessary information is submitted and advocating for a fair and just settlement.
If you or a loved one has been involved in an accident involving an Uber or Lyft driver, it is crucial to seek legal assistance from an experienced law firm immediately. Rideshare accident victims often face mounting medical bills and may be dealing with multiple insurance companies to seek compensation. An experienced rideshare accident attorney from Rosenfeld Injury Lawyers can help you navigate the complexities of filing a rideshare car accident claim, ensuring that your rights are protected and that you receive a fair settlement.
Do not hesitate to contact a legal professional to discuss the specifics of your auto accident and start your path to recovery. Contact Rosenfeld Injury Lawyers today to speak with our rideshare motor vehicle accident attorney. Reach out by completing our online form or call us at (888) 424-5757.
Resources: [1], National Bureau of Economic Research, [2] The Zebra, [3] Uber Safety Report
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