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Apps that connect people seeking rides with drivers, like Uber, Lyft and Curb, offer flexible, short-term, on demand work.
These popular rideshare services connect passengers and drivers, who work as independent contractors. However, as the rideshare services have boomed, so have rideshare-related accidents.
Accidents involving rideshares can be complex, adding to an already stressful situation.
An attorney knowledgeable with the specific regulations associated with rideshare accidents of any type can help you navigate the process.
If you or someone you know was involved in a rideshare accident as either a passenger, pedestrian, or another driver on the road, it is important to understand this unique claim process.
Rideshare Accidents and Their Effects
Les impact rideshare services have on traffic safety and transportation most likely affects you, whether you use their services or not:
• Ridesharing services exacerbate congestion in public transit-rich areas.
• More vehicles on the road leads to more accidents and potential fatalities.
Les majority of rideshare users are in the country’s most populated, urban areas, including, New York City, Los Angeles, Boston, San Francisco, and Chicago.
Common Causes of Rideshare Accidents
Rideshare accidents can happen for a number of reasons. Drivers can be inexperienced, fatigued or impaired, or distracted by phones, GPS systems and conversations with passengers.
Sometimes, another driver or dangerous road conditions can be responsible for an accident.
What To Do After A Rideshare Accident
We all want to avoid being involved in a rideshare accident, here are few steps to take to safeguard your rights and ensure the incident is handled correctly if you are.
- Call 911
First get to safety and then call the police. You will receive short-term assistance, but this will also create a police report, an official record of the accident. For emergencies, always call 911, otherwise use a non-emergency number.
- Consulter un médecin
Even if you think you feel fine or don’t believe you are seriously hurt, seek a medical evaluation. Certain injuries go undetected initially but may worsen over time. Healthcare providers can assess — and record — if you were injured.
- Document the Accident
Photograph the damage to the vehicles, any injuries, and the surrounding area, including any road signs or signals. Record information while it is fresh in your memory and talk to any witnesses who might have seen the accident.
- Collect Information
Exchange the contact information of the other people involved in the accident — their names, phone numbers, insurance information, and license plate numbers. Once you extract this information, store it with your other records and documentation for the accident.
- File a Report with the Rideshare App
Report the incident to the rideshare company as soon as possible. The company will have standard reporting procedures which may include filing the incident report online or by speaking with a representative. Stick to the facts, such as date, time, and location.
- Seek Support
Consult with a knowledgeable personal injury attorney who has experience handling rideshare accidents. The lawyers will navigate the insurance claims, liability issues, and negotiate for the compensation you deserve.
Who Is Responsible in a Rideshare Accident
Who is liable in a rideshare car accident between the driver and passenger, third parties, and the rideshare company? And the answer depends on what led to the incident.
• If another driver was responsible for the accident, he or she is at fault, and insurance usually pays for the damage.
• If the rideshare driver is off-duty when the accident occurs, they are at fault and their personal insurance will generally pay for damages.
• If the accident was directly caused by a passenger, that person may also be held liable for damages.
• Rideshare Company Liability: If the accident was caused by a mechanical failure or rideshare vehicle malfunction, both the rideshare company and/or the vehicle manufacturer may be liable.
• When a crash involves multiple vehicles, liability might be based on percentages of fault or determined by state law.
In some cases, both a driver and the rideshare company can be responsible for an accident. That’s because rideshare companies have a responsibility to carefully screen, train, and supervise their drivers.
Despite classifying drivers as non-employees, rideshare companies still could be liable for accidents caused by their drivers’ negligence while they’re on the clock.
IMPORTANT: Laws regarding transportation and accident liability vary from state to state, which means that the identification of responsibility can differ from jurisdiction to jurisdiction.
Are There Caps on the Damages I Can Collect in a Rideshare Claim?
Yes, depending on the state laws, insurance coverage, damages, fault, and the state’s statute of limitations, there could be limits on the amount you can recover in a rideshare claim.
Can I Still Recover Damages if the Rideshare Driver Was Under- or Uninsured?
You may have other options for recovering damages in a rideshare accident besides the driver’s insurance.
Your own insurance policy could also cover rideshare companies in the event that they have an insurance policy covering the incident.
If you find that the rideshare driver who caused the accident has no insurance or inadequate coverage, contact an attorney to see what options you have to seek damages.
Filing A Claim
The Napoli Shkolnik team has a thorough understanding of the applications, rideshare company policies, and changing case law.
If you or a loved one has been involved in a rideshare accident, contact us for a consultation gratuite et sans engagement. There are no upfront fees, and we only recover a fee when we win your case.