With many car crashes, determining who’s at fault is relatively straightforward. However, when you’re involved in a rideshare accident, the question of liability becomes far more complex. Trying to determine liability on your own can be next to impossible, but working with a rideshare accident lawyer can give you a distinct advantage.
Let’s take a closer look at the steps your lawyer might take to determine fault.
Identifying Potentially Liable Parties
Even before they begin pinpointing who’s actually responsible, your rideshare accident lawyer must identify any parties that could potentially be liable for your rideshare accident. This may include:
The Rideshare Driver
Rideshare drivers must deal with distractions while navigating unfamiliar roads, which means they may be more prone to accidents than the average driver.
The Rideshare Company
Under the legal principle of vicarious liability, employers can be held responsible for injuries their employees cause in the performance of their responsibilities. However, Uber and Lyft drivers are independent contractors permitted to work on their respective platforms.
Because drivers aren’t classified as employees, rideshare services can’t automatically be held liable for the accidents they cause. This doesn’t mean the rideshare company is never liable, however. If the company’s negligence led to the incident, a plaintiff can sue the business itself.
For example, if a rideshare driver with a previous DUI conviction is allowed on the app and causes an accident while intoxicated, the rideshare company may be partially liable.
Other Drivers
Sometimes, rideshare accidents are caused by other vehicles. Merging, turning, and tailgating crashes are all common examples.
Other Third Parties
In rare cases, another third party could bear liability. For example, if a repair shop fails to properly mount a vehicle’s wheels and a loose wheel causes an accident, the shop or its technicians may be at fault.
Making Sense of Insurance Coverage
Uber and Lyft both advertise their million-dollar liability insurance policies. However, the company’s policy may or may not apply depending on the rideshare driver’s status at the time of the crash.
Here’s a closer look at which policies may be in effect based on the driver’s status:
Logged Out
When a driver is logged out of the app, only their personal auto insurance coverage applies.
Logged in and Waiting for a Fare
At this point, the rideshare company’s lower-limit liability insurance policy is in effect.
En Route to Pick Up a Passenger (or Transporting a Passenger)
Once the driver has accepted a ride, the full $1 million liability insurance policy is in effect.
Gathering Evidence
When you’re filing a rideshare accident claim or any other kind of personal injury claim, thorough documentation can mean the difference between a relatively swift approval and an outright denial.
Rideshare accident attorneys generally obtain that documentation over the course of investigating an accident. The more quality evidence your legal team can access, the greater your likelihood of success.
The following are some of the most important types of evidence for determining liability for a rideshare accident:
- The official police report
- Dashcam or traffic camera footage
- Data from the rideshare app
- Photos of damage at the accident scene
- Testimony from expert witnesses
- Statements from witnesses present at the crash
- Medical records
- Rideshare company data (like records of complaints against a given driver)
The evidence-gathering process can take a considerable amount of time. To ensure that your legal professional has enough time to investigate, gather evidence, and build a strong case, you should contact an attorney as soon as possible after the accident.
Handling Insurance Claims
Experienced rideshare accident lawyers know that dealing with insurance after a crash can be complex. If multiple parties are at fault (which isn't unusual in rideshare accident cases), your attorney might need to file several claims and negotiate with more than one insurance company.
Ensuring That All Legal Deadlines Are Met
Determining liability, investigating an accident, and filing insurance claims all take time. Throughout this arduous process, however, attorneys must be careful not to lose track of time. In Texas, the statute of limitations for rideshare accident lawsuits is two years from the date of the incident.
If the insurance companies aren’t offering you a reasonable settlement amount, your lawyer will likely suggest filing a lawsuit on your behalf. They’ll then handle all related legal filings going forward, ensuring that all key deadlines are met.
FAQ
Will My Rideshare Accident Case Go to Court?
Probably not. Most car accident cases (and other kinds of personal injury cases) are settled outside of court. However, if the other side won’t agree to a fair settlement, your case might need to be decided in a civil trial.
What Steps Should I Take if I’m Involved in a Rideshare Accident?
Call 911, seek medical attention, and report the accident to the rideshare company. If you’re able, you should also exchange insurance information with the involved parties and document the scene with photos and videos.
What Should I Do if an Insurance Company Offers Me a Settlement Right Away?
Always consult a qualified attorney before accepting a settlement offer. In many cases, insurance companies offer meager settlements to injury victims, hoping they’ll take it before they realize the true value of their case.
Have You Been Hurt in a Rideshare Accident?
If you’ve been injured while using a rideshare service, you need a tenacious attorney who’s willing to put their experience to work for you. Ramsey Law Group is committed to obtaining justice for injured people, and we can help you pursue the comprehensive compensation you deserve.
Contact us today to schedule a free, no-obligation consultation and get your claim underway.