Rideshare companies have become popular modes of transportation. Instead of worrying over transit, individuals can now request a ride from an app where a driver can be there within minutes. However, rideshare drivers are still ordinary people, without training leaving passengers more susceptible to car accidents. When you or a loved one is faced with a rideshare accident, it’s important to understand when a rideshare accident attorney is needed.
If you are injured in an accident, suffer damages, or simply need advice on what legal steps to take next–contact a rideshare accident attorney or personal injury lawyer immediately! Involvement in a car accident is frightening and disorienting. Knowing what to do can help you make the right decisions in a stressful event.
How Can a Rideshare Accident Attorney Help?
Call an experienced personal injury lawyer or rideshare accident attorney as soon as possible. Rideshare apps are still fairly new, making insurance a complicated process. As a result, many victims of rideshare accidents are left without the knowledge and support they need. Fortunately, the law is catching up with changing transportation laws and a confident rideshare accident attorney will be there to represent you.
Determining Fault in a Rideshare Accident
To pursue immediate compensation, rideshare drivers need to establish the facts of the case as soon as possible. If another party acted negligently, causing the accident, then the rideshare driver will need to gather compelling evidence (police report, pictures of the accident, and the information for any witnesses).
Determining overall responsibility for who should pay compensation for a rideshare accident is complicated because rideshare drivers are considered independent contractors according to the National Labor Relations Board.
Involvement in a car accident is frightening and disorienting. Knowing what to do can help you make the right decisions in a stressful event. Here are some tips:
- Determine if you are injured. Not all injuries manifest right away due to adrenaline. If you are someone else who has been injured in the accident, call 911.
- Call the police. Once you are safely away from the accident, inform the police of your situation. The police report will help in determining fault for the accident.
- Take pictures. If you are able to do it safely, take photos for reference. Include any damages, conditions of the roadway and other important scenes.
- Grab contact information. If witnesses stop to help be sure to ask for their contact information. It may help in determining fault. They may be tempted to leave before the police arrive, so grab it quickly.
- Make extra notes. Accidents can happen suddenly. Your memory may be affected by shock so take note of everything that may seem helpful. This may include the rideshare drivers name, what happened before the collision, and any specific details about the vehicles involved.
Filing an Insurance Claim After a Rideshare Accident
If you were a passenger on a rideshare, it may be confusing trying to figure out if you need to file a claim against the driver or the company. In order to get financial assistance and compensation from a rideshare company–you need to prove who is at fault and what damages were caused.
- If the Rideshare Driver is at fault–you would most likely file the claim against the insurance company. All rideshare drivers must carry personal car insurance that meets or exceeds state minimum, unless they have coverage for commercial purposes, you will have to file a claim
- If the Other Driver is at fault–you will need to file a claim with the third-party driver’s insurance. If you were struck by an uninsured or underinsured driver while riding, the rideshare may provide coverage (Uber and Lyft specifically provide 1 million).
- If the Rideshare Driver was not logged in–you will need to file a claim with his/her personal insurance. Ifg they were logged in, but did not accept a ride they may be able to cover victims in property damage (Uber and Lyft cover up to 50,000 per person, 100,000 per accident, and 25,000 in property damage).
How Does a Rideshare Accident Attorney Recover Damages
The damages recoverable in a rideshare accident are identical to those recoverable from other car accidents. You may be compensated for medical expenses, lost wages, pain and suffering, mental anguish, and even wrongful death. According to Georgia Law, punitive damages may be provided if the liable party behaved in an “egregious manner” (driving under the influence, drugs or alcohol). Rideshare drivers who knowingly and willingly operate defective vehicles can also pay for punitive damages.
Responsibility in Rideshare Accidents
When the Driver is responsible– Drivers are typically liable in accidents where they act negligently. There may also be discussion around whether the driver lied about a clean driving record in order to become a driver for the company. Regardless, most rideshare accidents and driver liability fall into various actions such as:
- Drunk driving
- Distracted driving
- Speeding
- Failure to follow traffic laws
It’s also crucial to discover if there was any additional negligence involved that may be attributed to the rideshare company.
When Rideshare is responsible– Some rideshare companies like Uber and Lyft often try to escape liability by blaming the rideshare driver. However, a rideshare company may contribute to the likelihood of a rideshare accident and becoming partially liable. This happens if the rideshare driver gets a ping on their phone to inspect a ride request. They are given the option to accept or reject the customer. Paying attention to their smartphone is an obvious distraction, plus they have to take their hands off the wheel to accept the request. The rideshare company may have contributed to the accident by distracting the driver–but the rideshare company may claim they are not liable because the driver is an independent contractor.
When the Third Party is responsible– There may be situations in which additional parties may be considered liable in rideshare accidents. Sometimes there is potential for manufacturers to be held accountable for accidents due to defects. This happens if the parts of the vehicle should fail to work properly. In this instance the manufacturer could be held liable. Also, there are other circumstances that could complicate matters further such as the need for maintenance. If the driver fails to properly check and repair a vehicle of a potential issue–they may be considered responsible as well.
Need A Rideshare Accident Attorney? Call Us Today!
If you are seeking a rideshare accident attorney for personal injury concerns, we can help. Personal injury cases must be handled with delicacy and professionalism. Our office has over 16 years of experience handling cases involving tuck, cars, and motorcycles. Let the Law Offices of P. Kent Eichelzer III help you today! We have offices conveniently located in Woodstock and Marietta, GA. Don’t wait another minute; contact us today to set up a free consultation!