- June 1, 2023
Rideshare companies have become increasingly popular across the U.S. for their affordability and convenience. However, more and more people realize that these handy ride services aren't without their shortcomings or dangers. While rideshare companies like Uber and Lyft have insurance coverage to help with the costs of certain incidents, you may be surprised to learn that not all car accidents in rideshare vehicles may be covered.In 2018, a research brief titled "The Cost of Convenience: Rideshare and Traffic Fatalities" was released by The University of Chicago's Booth School of Business. This study examined data from various cities, comparing periods before and after the widespread adoption of rideshare apps.
According to the findings, the incidence of accidents per 100,000 people rose from 2 to 3.5 following the prominent emergence of Uber and Lyft. The study suggests that this uptick can be attributed to the higher volume of vehicles on the roads due to the popularity of rideshare services.
As with any motor vehicle accident, rideshare vehicle crashes can be extremely damaging. If you were the passenger in a rideshare vehicle when an accident occurred, you might have suffered whiplash, abrasions, contusions, a concussion, broken bones, or worse. When injured in a car accident, you have every right to fight for compensation from the liable party. However, liability can be tricky when the incident involves a rideshare app.
If you were involved in a rideshare accident, ensure you know your rights and legal options. Contact Goodman Acker at 248-286-8100 for legal representation you can rely on.
How Do Rideshare Apps Work?
Smartphone applications like Uber and Lyft enable users to immediately call for an affordable ride. These apps, called rideshare services, are quick, affordable, and easy to use, and they're available nearly anywhere. With the click of a button, you can order a ride, pay for the ride, and even rate the driver, providing future rideshare users with improved feedback.
Contributing Factors to Rideshare Car Accidents
Rideshare car accidents can result from a combination of factors, often intertwining elements related to the nature of the rideshare industry and drivers' behavior. Here are some factors that contribute to rideshare car accidents:
- Driver Distractions: Rideshare drivers frequently rely on navigation apps and smartphones to communicate with passengers. Constant interaction with electronic devices diverts the driver's attention from the road, increasing the risk of accidents.
- Fatigue and Long Hours: Rideshare drivers, often working as independent contractors, may be motivated to work long hours to maximize their earnings. Fatigue can set in, impairing a driver's reaction time, attentiveness, and decision-making abilities.
- Inadequate Training: Rideshare drivers may not undergo the same level of training as professional taxi drivers. Inadequate training can leave drivers unprepared for challenging road situations, reducing their ability to avoid accidents.
- Pressure to Meet Quotas: Some rideshare companies impose quotas or incentives that encourage drivers to accept more rides within a specific time frame. This pressure can lead to rushed driving, speeding, and other unsafe behaviors to meet these targets.
- Intoxication: Despite stringent background checks, some rideshare drivers may engage in substance abuse. Intoxicated driving poses a severe risk to passengers and others on the road.
- Vehicle Maintenance Issues: If drivers neglect regular maintenance, such as brake checks and tire rotations, it can lead to mechanical failures and accidents.
- Road Rage and Aggressive Driving: The competitive nature of the rideshare industry and the desire to reach destinations quickly can result in aggressive driving behaviors, including road rage. Aggressive driving increases the likelihood of accidents and endangers everyone on the road.
Protecting Yourself After a Rideshare Accident
Being involved in a rideshare accident can be a disorienting and stressful experience. Whether you're a passenger, another driver, or a pedestrian, taking the right steps immediately after the incident is crucial for your well-being and potential legal actions.
Ensure Safety First
The safety and well-being of everyone involved should be the top priority. If possible, move to a safe location to avoid further injuries. Check yourself and others for injuries and call for emergency medical assistance if needed.
Seek Medical Attention
Even if you don't believe you're seriously injured, seeking medical attention is crucial. Some injuries may not manifest immediately, and having a medical record can strengthen your case if you decide to pursue legal action later.
Contact Law Enforcement
Report the accident to the police, even if it seems minor. A police report provides an official incident record, which can be valuable when dealing with insurance claims and legal proceedings.
Exchange Information
Collect information from all parties involved, including the rideshare driver, passengers, and other drivers or witnesses. Key details to gather include names, contact information, insurance details, and license plate numbers.
Document the Scene
Use your smartphone to document the accident scene. Capture photos of vehicle damage, the positioning of vehicles, road conditions, and any relevant traffic signs or signals. These visuals can serve as valuable evidence later.
Take Note of the Rideshare Details
Record the details of the rideshare service involved, including the company name and the driver's name. If possible, take note of the driver's identification or license number and the details of the ride (date, time, and location).
Report the Incident to the Rideshare Company
Contact the rideshare company involved in the accident to report the incident. They may have specific procedures for handling accidents; promptly notifying them can be essential for your case.
Limit Communication With Insurance Companies
Be cautious when communicating with insurance companies, including your own and the rideshare company's insurer. Avoid providing recorded statements or accepting settlements without consulting legal representation.
Consult With an Attorney
Seeking legal advice is crucial after a rideshare accident, especially if injuries are involved. A personal injury attorney with experience in rideshare cases can help you navigate the complex legal process, assess liability, and pursue fair compensation.
Who Is Liable in an Uber or Lyft Auto Accident?
If you've been part of an accident involving an Uber or Lyft driver, you can file a claim against either the driver's personal insurance or directly against the ridesharing company. While both Uber and Lyft offer liability insurance coverage for bodily injury up to $1 million, it's important to note that this coverage is applicable only under specific circumstances.
Understanding these circumstances and determining liability in your specific ridesharing situation is crucial. Here are the general guidelines for ascertaining liability based on the driver's status at the time of the accident:
Driver Not Logged into the App
If the driver wasn't logged into the app, possibly displaying a ridesharing company sign or leaving after a drop-off, their personal auto insurance comes into play. However, liability coverage can vary, and many personal policies don't cover accidents during commercial activity. It's essential to consult with an experienced attorney in case a ridesharing driver hits you in "off" mode, as insurance companies often attempt to avoid these claims.
The Driver Logged In, Waiting for a Request
If the driver logged into the app but awaited a ride request, the driver's or the ridesharing company's insurance may be responsible. The ridesharing company might step in if the driver's insurance doesn't respond to the claim. Consulting with an experienced attorney is advisable, especially if there's ambiguity between the two insurance companies.
Driver Picking Up or Transporting a Passenger
When the driver is actively picking up or transporting a passenger, Uber or Lyft's primary liability insurance should cover them. However, these companies are adept at minimizing recovery and challenging claims. To protect your rights, having a seasoned attorney by your side is crucial to navigate potential challenges and ensure proper protection.
Insurance Coverage for Drivers
The rideshare drivers, however, are not technically employed by their companies, which means coverage after a crash may be limited. The driver is entitled to coverage only if the app is turned on, indicating that the driver was working at the time of the incident. Also, most rideshare companies hold policies that only cover damage to a certain extent. So, as a passenger, you may only be covered to the extent that the rideshare company allows, at which point the driver's insurance may be your only other option for compensation.
Fighting for compensation to cover the hefty cost of medical expenses, loss of wages, pain and suffering, and material damage after an accident can be extremely challenging in any case. However, the whole situation gets substantially trickier when rideshare apps are involved. If you were hurt while riding as a passenger in a rideshare vehicle, make sure you know your rights. Our experienced personal injury attorneys can work with you on your car accident case, gathering evidence in your favor and asserting your rights when necessary. Don't wait a moment longer to secure the compensation you deserve.
How Can Goodman Acker Personal Injury Attorneys Help You After Your Rideshare Accident?
Experiencing a rideshare accident can be a traumatic and overwhelming event, and seeking the assistance of a skilled personal injury attorney is crucial in navigating the complex legal aftermath. Here are ways our personal injury attorneys can help you after your rideshare accident:
- Investigation and Evidence Gathering: Following a rideshare accident, gathering evidence is paramount to establishing liability. Our attorneys will conduct a thorough investigation, collecting witness statements, obtaining accident reports, and preserving any available video footage or other relevant evidence.
- Determining Liability: In rideshare cases, identifying the party or parties responsible for the accident can be complex. Our attorneys will assess the circumstances of the accident, considering factors such as driver negligence, vehicle defects, or road hazards to determine liability accurately.
- Dealing With Insurance Companies: Rideshare accidents often involve dealing with multiple insurance policies, including those of the rideshare company, the driver, and potentially other third parties. Our attorneys are skilled negotiators who can handle communications with insurance companies, advocating for fair and just compensation on your behalf.
- Navigating Rideshare Company Policies: Rideshare companies have specific insurance coverage and liability policies. Our attorneys know these policies and can navigate the terms and conditions to ensure you receive the maximum compensation under the rideshare company's coverage.
- Assessing Damages: Understanding the full extent of your damages is crucial for seeking fair compensation. Our attorneys will assess economic and non-economic damages, including pain and suffering, medical expenses, lost wages, and any other losses you may have incurred due to the accident.
- Negotiation and Settlement: Many rideshare accident cases are resolved through negotiation and settlement. Our lawyers will work diligently to negotiate a fair settlement with the at-fault parties or their insurance companies, considering your present and future needs.
- Litigation Representation: Our attorneys are prepared to take your case to court if a fair settlement cannot be reached through negotiation. We will provide strong representation in litigation, presenting your case before a judge and jury to seek the compensation you deserve.
Rideshare Accident FAQs
What type of claim can be pursued when you sustain injuries in a rideshare accident?
Consulting with a rideshare accident attorney becomes crucial in seeking compensation for various damages such as pain and suffering, medical expenses, lost wages, and more. In the unfortunate event of a rideshare wrongful death involving a family member or dependent, you may also be eligible for compensation covering funeral and burial expenses, loss of companionship, and medical costs.
You should promptly engage with a rideshare accident lawyer to maximize your chances of receiving the rightful compensation.
What occurs if the rideshare driver is determined to be responsible?
If the rideshare driver is at fault, Uber and Lyft might offer liability coverage of up to $1 million. However, if you sustain injuries in an accident where a rideshare driver, not logged into the app, is at fault, you must initiate a claim with the driver's personal insurance company.
How is liability determined in rideshare accidents?
Determining liability in rideshare accidents can be complex. It often depends on the specific circumstances of the accident. Factors such as driver negligence, road conditions, and other third-party involvement may contribute to liability. Rideshare companies typically have insurance policies that may cover the driver and passengers during different phases of a ride.
Can I file a claim if I was a pedestrian or in another vehicle involved in a rideshare accident?
Yes, individuals who were pedestrians or in other vehicles involved in a rideshare accident can file claims for compensation. The process may involve dealing with the rideshare company's insurance, as well as the insurance of the at-fault driver. Consulting with an attorney can help navigate the complexities of these claims.
Contact Goodman Acker for Legal Representation Today
If you've been involved in a rideshare accident, don't hesitate to contact the personal injury attorneys at Goodman Acker. We are dedicated to helping you navigate the complexities of the legal system and ensuring you receive the compensation you deserve for your injuries and losses. Contact us at 248-286-8100 for a free consultation.