Was Your Rideshare Driver at Fault for Your Injury? Read This
Ride sharing services like Uber and Lyft have become a regular part of modern life. Hailing a rideshare can help you avoid a frustrating search for parking. It may also be the responsible move when returning from a big night out. But it’s important for users of these services to understand the risks associated with them. Today’s blog post will explore your legal options if you’ve been involved in an accident where the rideshare driver was at fault.
The Aftermath of Your Rideshare Accident: Steps to Take
Your first action after a rideshare accident, similar to any other car accident, should be to seek any necessary medical treatment. Attend to any evident injuries and consult a medical expert if you are experiencing any interior pain or discomfort. After that, call law police and request an accident report. This is not your responsibility as a vehicle passenger. However, the information contained in a police accident report may still be useful. Names and contact information from those involved in the accident, car information, and witness statements can all be useful when negotiating a settlement.
If you are the victim of a rideshare accident, you should also notify the ridesharing service provider. Both Uber and Lyft have established protocols for reporting incidents. Following the filing of this report, the victim may be approached by corporate officials who wish to hear their version of the accident. Your attorney may advise you not to make any statements to company personnel, especially if you have suffered serious injury.
Your Path to Just Compensation
If you are involved in an accident while traveling as a passenger in a rideshare, there is a high likelihood that you’ll have a strong case to recover damages. But given that ridesharing accidents by their nature involve a multitude of personal, insurance, and corporate interests, your path to recovery may be hard to understand at first. Let’s go over the various players in your average rideshare accident, and evaluate how they may factor into your legal strategy.
The Rideshare Driver
When a rideshare driver accepts a fare from a user, they also accept a duty of care towards that passenger. They’re obligated to drive responsibly to keep that passenger safe until they reach their destination. Therefore the same rules which apply to any other driver on the road also apply to them. Your rideshare driver may be at fault for any accident which occurs if they are:
- Speeding
- Ignoring Traffic Signs
- Driving Distracted (texting, eating, etc.)
- Driving While Impaired (Under the influence of alcohol or drugs, or driving while drowsy)
If an accident should occur while you are passenger in a rideshare vehicle, your attorney will likely first attempt to recover damages via the rideshare driver’s insurance. These drivers are required to have an increased level of insurance coverage when operating their cars commercially. They may also be subject to other special provisions under the law, depending on the state. Your attorney will have an intimate level familiarity with the rideshare laws unique to your state.
Other Drivers
If your accident involves a collision with another vehicle, the driver of that other vehicle may be at fault for the accident. In this case, your attorney will likely seek damages from that driver’s insurance. If the other driver is operating a commercial vehicle, your attorney may seek damages from the company which operates that vehicle.
The Ridesharing Company
It may also be possible to recover damages through the ridesharing company itself. Companies like Uber and Lyft may offer liability insurance to their drivers. This means your attorney may file a claim against the ridesharing company in addition to the driver. However, it’s important to remember that these are large companies with shareholders and profit motives to consider. Uber and Lyft have not become household names by paying out large settlements without a fight.
How Malloy Law Can Help
If you or a loved one has been involved in a rideshare accident, you may find yourself stuck in a labyrinth of competing interests. Large corporate concerns, private citizens, and hardworking professionals worried about their livelihoods. You don’t need to navigate it alone. The rideshare accident professionals at Malloy Law Offices can help lead you through the uneven landscape of a rideshare accident case and pursue maximum compensation on your behalf. Our experienced attorneys can win damages for your medical bills, lost wages, damaged property, and pain and suffering. Don’t delay, contact Malloy Law today for a free consultation.