Ridesharing Accidents and Their Impact on Personal Injury Claims

Since ridesharing companies like Uber and Lyft have emerged, daily commuting has never been easier. They provide a convenient way for people without vehicles or those scared to drive for any reason to get around the city with less stress. However, even with this convenience, danger is still likely. Car accidents happen every day, and ridesharing companies have them, too. You must know what to do if you are involved in a ridesharing accident.

That’s where we come in. Trey Harrell, Auto Accident and Personal Injury Attorney Offices in Charleston and Greenville, South Carolina, can help you understand your rights and the complexities of your rideshare accident lawsuit.

Understanding Liability in a Ridesharing Accident

First, you must understand that rideshare companies do not have employees. They classify their drivers as independent contractors. The company could be liable if Uber, Lyft, and other rideshare companies classified their drivers as employees. Still, since drivers are independent contractors, the same rules for employees do not apply. This makes suing rideshare companies for a ridesharing accident very complex.

The complex nature of rideshare liability

The complexity of rideshare liability continues beyond the fact drivers are considered independent contractors, which rideshare companies can use as a shield in a rideshare accident lawsuit.

Let’s say you file a claim with the driver’s car insurance company, and it denies your claim. You can threaten to sue the rideshare company, but it is relatively easy for them to fight this because of the terms and conditions you agreed to when requesting the ride. The terms and conditions specifically state that you agree to use arbitration for any legal disputes and forfeit your right to a lawsuit in court.

Even with the terms and conditions stipulations, if you decide to sue for a Lyft or Uber car accident, it is imperative that you consult a rideshare accident attorney to help you navigate the complexities of your rideshare accident lawsuit.

How liability is determined in rideshare accidents

The first step in determining liability in a ridesharing accident is determining whether your state has at or no-fault insurance. With only 12 no-fault states, you are more likely to be in an at-fault state, which works in your favor. If you are in one of these no-fault states, you must start by filing a claim with your insurance company.

However, if you are in an at-fault state, to prove liability, three elements must be present:

1. The driver owed a duty of reasonable care by driving safely and obeying traffic laws.
2. The driver violated the duty of reasonable care by not driving safely or obeying traffic laws.
3. You sustained injuries or suffered damages due to the driver’s violation.

Whether you are driving your vehicle or riding with a rideshare company, determining who is at fault for a car accident is the same. The main difference in a ridesharing accident is insurance’s role when the injured party seeks compensation from the at-fault driver.

Immediate Actions to Ensure Safety and Document the Incident

If you are involved in a Lyft or Uber car accident, the first thing you should do is check everyone involved for injuries. If you notice any severe injuries, call 911 immediately to get help. You also want to report the accident to the police so you have the police report for your lawsuit. If you are not seriously injured, seeking medical attention as soon as possible is still important. The medical records are also essential for your rideshare accident lawsuit.

Steps for gathering evidence at the scene

If or when it is safe to do so, you should gather as much evidence as possible from the accident scene. This evidence is an integral part of your claim. You will first want to get information from the Uber, Lyft or other rideshare company’s driver. This information should include the driver’s name, license number, insurance and contact information. Get this information for anybody else involved in the accident as well.

Then, you will want to get the names and contact information of any witnesses who saw the accident, as well as the location and time of the accident. You can either write this information down on a piece of paper or store it on your phone. Once these steps are complete, you will want to note any security cameras you see in the area so the police or your lawyer can get copies of the footage.

Next, you will want to take pictures of the accident scene and the damage to all vehicles involved. It is important to take these pictures from different angles so the extent of the damage is easily seen. Also, take photos of any injuries you sustained from the ridesharing accident.

Do I Need an Attorney for my Rideshare Accident Lawsuit

Lawsuits against rideshare companies can be complex. It is important to understand your rights and how to deal with both the rideshare company and insurance companies. Hiring a rideshare accident attorney can help you through the process of your complicated case. Your rideshare accident attorney knows the law and will do all the research and investigation, and they will be your advocate.

If you plan on hiring an attorney, you want to ensure the lawyer understands and knows the laws for personal injury cases or find a lawyer specializing in rideshare accidents. You will want to ask the attorney about the pay structure they would use for a rideshare accident lawsuit. Most attorneys would work on a contingency fee structure, meaning they would be paid a percentage of your compensation if they win your case.

Tips for working with your rideshare accident attorney

You want the best attorney for your case, and the attorney wants a good client. Here are some tips for working with your attorney.

• Be honest.
• Be responsive.
• Attend all medical appointments.
• Ask questions.

Do your best to be the best client possible, and your attorney will repay the favor by being the best they can be.

Involved in a Ridesharing Accident, Contact a Personal Injury Attorney

Ridesharing accident cases are complicated and complex. It is important to have an attorney who understands the complexity of these types of cases to get the best outcome. They can help determine liability, collect documents and help you understand your rights.

Contact us if you have questions or were involved in a ridesharing accident. Our team will help you get the help and compensation you deserve.