Rideshare services have become extremely popular for commuters and travelers in the state of Wisconsin. Although they can be a safer option than operating a vehicle while impaired, there is still a risk of being in dangerous accidents, resulting in serious injuries or even death.
If you are in a collision involving a rideshare driver, your car accident claim is more complicated than most. There are additional considerations, such as liability and multiple insurance policies, so you need a Wisconsin ridesharing accident lawyer from Rosenfeld Injury Lawyers to have the best chance to recover compensation for damages.
Why Choose Rosenfeld Injury Lawyers
At Rosenfeld Injury Lawyers, we are dedicated to securing the highest compensation for clients involved in rideshare accidents throughout Wisconsin. Our experienced legal team has a proven track record of handling rideshare accident cases and achieving significant settlements and verdicts.
Fatal rideshare passenger accident
Rideshare passenger shot by driver
Pedestrian hit by a rideshare vehicle
Rideshare driver sexual assault case
Motorcyclist hit by a rideshare vehicle
Hip and foot injury exiting a vehicle
We thoroughly investigate each case to ensure all medical expenses, lost wages, and pain and suffering are fully addressed. With our deep expertise in rideshare accident claims, we effectively navigate the complexities and fight tirelessly for your rights.
Wisconsin passengers rely on various rideshare companies to get them from point A to point B. There are traditional taxis, of course, which can be hailed from the street, called directly, or even summoned through the Curb app. Carmel is a rideshare service that can even provide limos. The two biggest rideshare services in the state are Uber and Lyft.
Accidents involving rideshare drivers can be dangerous for all involved, whether they are drivers, passengers, or nearby pedestrians. The severity of your injuries will affect the amount of compensation you can receive with the help of a Wisconsin ridesharing accident attorney from our law firm.
Common injuries sustained in rideshare accidents include:
- Lacerations
- Whiplash
- Broken bones
- Internal bleeding
- Head injuries
- Neck injuries
- Spinal cord injuries
- Back injuries
- Knee injuries
- Crushed limbs
- Amputations
- Death
To succeed with your personal injury case, you must navigate the complexities of filing a claim. A Wisconsin rideshare injury lawyer on our team will work with you to understand the various components of an accident claim, especially since ridesharing collisions are more complicated. Here are a few elements you should know about.
Liability for Rideshare Car Accidents
One reason why these cases are complex is because of liability, or who is at fault for the car accident. Since rideshare drivers are driving for Uber, Lyft, and other services, many injured victims may think these companies are liable for injuries.
However, rideshare drivers are usually considered independent contractors rather than employees, which means they are primarily responsible for the rideshare accidents they cause.
The rideshare company itself may only be liable if it failed to vet a rideshare driver or reneged on its own insurance policy commitments. Your accident lawyers can help you navigate liability issues for your claim.
Insurance for Rideshare Drivers
Speaking of insurance, that is another complicating factor. If a rideshare driver is not working for the service during the accident and their rideshare app is off, the driver’s personal insurance is responsible for covering the damages.
However, if the rideshare driver accepts a ride request or is transporting a passenger in driver mode, then many rideshare services provide supplemental coverage.
Rideshare insurance coverage usually kicks in if the driver’s personal auto insurance coverage is not enough to cover accident damages.
Proving Negligence
Proving negligence is a requirement for personal injury claims, which is why accident lawyers are so important to your cause. You must demonstrate that someone negligently caused the accident to obtain compensation for damages.
There are four steps to proving negligence in the state of Wisconsin:
- Duty of care – The defendant has a legal responsibility to prevent the claimant from being injured
- Breach of duty – The defendant’s actions broke that duty of care, allowing the claimant to be harmed
- Causation – There is a direct link between the defendant’s actions and the incident resulting in bodily injury to the claimant
- Damages – If the accident caused injuries, the victim must have also suffered legal damages as defined by Wisconsin law
The Statute of Limitations for Rideshare Accident Claims in Wisconsin
Hiring a Wisconsin rideshare injury attorney from our team is crucial to improving your case, and the sooner you do it, the better. This helps us build a strong case since the evidence is fresh, but it also prevents you from running into the statute of limitations. This statute sets a deadline for how long you have to file a claim in order to seek compensation.
For personal injury, the injured party has three years from the date of the incident or discovery of the damage to file their claim. This timeline is in place for product liability as well, though products that were made at least 15 years ago are exempt.
For wrongful death cases, the statute is usually three years, but a car accident case for wrongful death must be filed by surviving family members within two years of the individual’s death.
After an accident involving a rideshare driver, it’s important to take the right steps to ensure your claim is viable and your health is prioritized. Any missteps could significantly reduce your chances of earning compensation.
Here are the steps to follow after a car accident with a rideshare vehicle:
- Remain at the scene – Leaving the scene of an accident if there are injuries involved is a felony
- Call 911 – Contact the authorities so they can alert emergency medical personnel, protect the area from traffic, and conduct an investigation
- Seek medical attention – Get your health taken care of first by being examined and treated by the emergency responders
- Gather information – The more information you obtain from the scene, the better. This includes insurance coverage information, the driver’s license of the other driver, images of vehicle damage, eyewitness statements, and a copy of the accident report from the police
- Consult a lawyer – To get started on your rideshare accident claim, get in touch with a Wisconsin rideshare car accident lawyer from our team
To improve your chances of compensation when going up against the defendant, their lawyers, and their insurance company, you need legal representation to level the playing field. The right accident lawyer from our experienced team can provide multiple advantages that will help your case.
Calculating Damages
Damages will determine how much compensation you can receive for a personal injury claim. Our team understands what can be assessed and how much it is worth to ensure you receive the most compensation possible.
Investigation and Evidence
We will provide legal assistance to thoroughly investigate the rideshare accident and collect evidence. This will help us determine if it was the rideshare driver’s fault or if another party was involved. Evidence will also be needed to support the existence of legal damages.
Negotiation With Insurance
Our Wisconsin car accident attorneys will also provide negotiating power when dealing with the defendant’s insurance company. The insurance company will do whatever it can to undermine your case and minimize the severity of your personal injury case, so you need an experienced litigator who can handle difficult negotiations.
When you are injured in a car accident involving rideshare drivers, there are numerous legal damages that could result. An experienced attorney on our team can explain them to you in detail and what type of evidence is needed for the claim.
While insurance policies may cover basic damages for injuries and property damages, there are other types of compensation to pursue with the help of your accident lawyer.
Economic
Economic damages are calculated based on real numbers. They include things like medical bills, lost wages, property damage, and loss of earning potential. If a person dies in a car accident, surviving family members could seek wrongful death damages like funeral costs and loss of financial support.
Non-Economic
Non-economic damages are more about the mental and emotional impact of the injuries after the accident occurs. They include emotional distress, physical pain, disfigurement, disability, and loss of enjoyment of life. Surviving family members can also seek compensation for loss of companionship in wrongful death claims if an accident with a rideshare vehicle results in the loss of a loved one.
The right accident lawyer on your side can significantly enhance your chances of success with your claim. Rosenfeld Injury Lawyers have plenty of experience helping victims of car accidents involving a rideshare company like Uber or Lyft. Whether you are facing high medical expenses, property damage, confusing insurance policies, a stubborn rideshare driver, or a lawsuit against Uber or Lyft directly, our accident lawyers will defend your legal rights.
Contact the rideshare accident lawyers at our firm today at 888-424-5757 for your free consultation. You can also fill out our online form, and we will contact you for your initial consultation to discuss the claims process.
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