Rideshare services have gained significant momentum over the past several years. They’re a great way to get from place to place, while not having to worry about how you’re going to get there. Opening the app and quickly being able to request a car has modernized the taxi industry. But what happens if your rideshare driver is in an accident while you’re in the car? The legal landscape surrounding rideshare accidents is still very developing, and complex issues frequently arise. Navigating these complexities is crucial, especially if you've been involved in such an accident. Hiring an experienced rideshare accident attorney can alleviate some of the stress by handling negotiations with insurance companies and rideshare platforms, as well as determining liability.
The attorneys at Chaz Roberts Law understand the stress of a rideshare accident. We're dedicated to advocating for you and pursuing the compensation you deserve. Injuries from such an accident can be frightening, but we're here to help you through the recovery process.
What is Ridesharing?
Ridesharing has revolutionized how we travel. With apps like Uber and Lyft on the rise, the Lafayette community can now request rides at their own convenience. Unlike traditional taxi services, rideshare drivers use their personal vehicles to transport you to your destination.
Typically, requesting a rideshare looks like this:
- Log into the rideshare app or website to enter your pickup location and destination.
- The app will then alert nearby drivers who can then choose to accept your request.
- You can track the driver’s location in real-time, along with their vehicle information.
- Be sure to confirm your information with the driver before beginning your trip.
- Payment is handled through the app or website, allowing you the option to tip your driver.
Rideshare platforms are constantly evolving, but it seems it’s here to stay. While the risk of car accidents always exists, rideshare companies have implemented safety measures for both drivers and passengers.
How Often Do Ridesharing Accidents Occur?
While ridesharing is generally safe, accidents can still happen. Uber and Lyft report that over 99% of their trips occur without a "critical safety incident," indicating that most rides are completed without serious problems. However, these statistics typically focus on major incidents like fatal crashes and assaults, and often don't include minor car accidents. It's important to be aware of the potential risks whenever using a rideshare service.
Causes of Rideshare Accidents
Uber, Lyft, and other rideshare companies have a few requirements before individuals can officially drive for their companies. Rideshare drivers are expected to follow the rules of the road but accidents can still happen. Some common causes include:
- Fatigue
- Distracted Driving
- Negligence
- Reckless Driving
- Negligent Vehicle Maintenance
- Inclement Weather
- Drunk Driving
- Poorly Maintained Infrastructure
These factors can contribute to any vehicle accident, but the nature of rideshare driving, such as long hours and reliance on navigation apps, may make them particularly relevant. Being aware of these common causes can help both drivers and passengers take necessary precautions.
What to Do After a Rideshare Accident
A rideshare accident can be a confusing situation, especially with the involvement of several parties possibly including the driver, the rideshare company, and other vehicle drivers. After a rideshare accident, it’s essential to remember these steps:
- Ensure Safety and Seek Medical Attention
- Report the Accident to the Authorities and the Rideshare Company
- Gather Information, Documentation, and Evidence
- Notify Your Own Insurance Company
- Consult with an Experienced Rideshare Accident Attorney
By following these steps and seeking legal guidance, you can protect your health, your legal rights, and your ability to recover compensation after a rideshare accident.
Who Can Be Held Liable in a Rideshare Accident?
Determining liability in a rideshare accident is complex due to the involvement of multiple parties and insurance policies. That’s why it’s crucial to consult with an attorney well versed in rideshare accidents to understand your rights and pursue a claim against the appropriate parties. Here are the primary parties who could be held liable:
The Rideshare Driver
If the accident was caused by the rideshare driver's negligence (e.g., speeding, distracted driving, running a red light), they can be held liable for damages. The driver's personal auto insurance policy may provide some coverage, depending on their policy and whether they were "on duty" at the time of the accident.
The Rideshare Company (Uber/Lyft)
Rideshare companies carry liability insurance that can provide coverage when a driver is "on duty" (i.e., logged into the app, accepting a ride request, or transporting a passenger). The amount of coverage varies depending on the situation.
In some cases, rideshare companies might be held vicariously liable for the actions of their drivers, especially if the driver was acting within the scope of their employment. However, this can be a complex legal issue, as rideshare drivers are often classified as independent contractors.
If the rideshare company failed to properly screen or train the driver, they could be held liable for negligence.
Other Potential Parties
If the accident was caused by another driver (not the rideshare driver), that driver would be held liable. Their personal auto insurance policy would be the primary source of coverage.
If a defective vehicle part contributed to the accident, the manufacturer could be held liable.
If improper vehicle maintenance caused the accident, the maintenance provider could be liable.
If hazardous road conditions contributed to the accident, the entity responsible for road maintenance could be liable.
Understanding Uber & Lyft Insurance Policies
Uber and Lyft maintain commercial insurance policies that act as supplemental coverage to the driver’s personal auto insurance. This means the company's insurance coverage only comes into play under specific circumstances. These rideshare companies provide their drivers with some coverage when not en route with a passenger.
If you were a passenger during a rideshare accident, their highest level of coverage is in effect. Both Uber and Lyft provide insurance benefits including:
- Significant liability coverage: This is used to cover injuries to passengers and other parties involved in an accident.
- Uninsured/Underinsured motorist coverage: This protects you if the at-fault driver doesn't have enough insurance (or any insurance at all).
- Contingent collision and comprehensive coverage: This covers damage to the driver's car, but only if the driver already has these coverages on their personal policy.
Rideshare drivers are required to carry their own personal auto insurance. Even with Uber/Lyft’s coverage, deductibles may still apply. If you’ve been injured in a rideshare accident, hiring an excellent rideshare accident attorney will ensure you receive fair compensation for your injuries.
Compensation You May Be Entitled To
Rideshare accidents can be complex, especially when it comes to determining who is at fault and what types of compensation you may be entitled to. If you’ve been injured in a rideshare accident in Louisiana, it’s important to understand your rights and all potential avenues for seeking compensation.
You may be eligible for compensation for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Property Damages
- Punitive Damages
Compensation is determined by a wide range of factors such as the severity of your injuries, liability, insurance coverage, and Louisiana state laws. Working with an experienced personal injury lawyer will guarantee that all deadlines for your claim are met and ensure you receive the compensation you deserve.
Why Choose Chaz Roberts Law for Your Rideshare Accident Case?
At Chaz Roberts Law, we understand the complexities surrounding rideshare accidents and are dedicated to providing you with compassionate and effective legal representation. We have extensive experience in rideshare accident cases and a deep understanding of both state and local laws.
Our attorneys will provide personalized attention to each client, taking the time to fully understand the depth of their case. We’re here to answer any questions you may have, explain your options, and help you get the compensation you deserve. Contact Chaz Roberts Law today for a free consultation.
Rideshare Accident FAQs
How long do I have to file a rideshare accident claim in Louisiana?
In Louisiana, you generally have one year from the date of the accident to file a personal injury lawsuit. It's crucial to act quickly to preserve your rights and avoid missing any deadlines.
Does Uber/Lyft cover my injuries if their driver was at fault?
Yes, Uber and Lyft have insurance policies that can provide coverage for injuries sustained in accidents caused by their drivers. However, the amount of coverage and how it applies can vary depending on the driver's status at the time of the accident.
Can I sue Uber or Lyft directly for my accident?
In some cases, you may be able to sue Uber or Lyft directly, depending on the circumstances of the accident and the company's role in the incident. This can be a complex legal issue, and it's important to consult with an attorney to explore your options.
What if I was partly to blame for the accident?
Louisiana follows a comparative negligence rule. This means that if you were partly at fault for the accident, your compensation may be reduced by your percentage of fault. However, you can still recover compensation as long as you were not more than 50% at fault.
