Liability in Rideshare Accidents

When you are looking to avoid the hassle of public transportation without using your vehicle, ridesharing platforms like Uber and Lyft offer a much-appreciated alternative. It’s simple. All you must do is download the mobile app from Google or Apple Store and register as a rider to request a cab or a driver to earn some cash using your car. 

But what happens in the event of an accident?

Today’s article will help you understand the regulations surrounding Uber and Lyft car accident lawsuits. By reading, you will gain insights into the steps to take when a collision occurs when the ridesharing app is off, when it is on, when the driver is available for requests, and when it is picking up or dropping off passengers. Have a read below. 

Injured in a Ridesharing Accident? Here Is What You Should Do

The first thing you should do after a car accident is prioritize safety and seek immediate medical attention. Even if no visible injuries are apparent, internal injuries may develop. Remember that internal injuries don’t always manifest immediately, so medical treatment is necessary either way. 

Start by dialing 911, and as you wait for help, get to safety by the side of the road.  

Then, politely approach everyone involved in the accident and ask for their contact and insurance information. You’ll want to start with the Uber or Lyft driver’s name, license number, and insurance details. 

Once done, ascertain whether there are any witnesses present. If so, politely ask for their names and phone numbers. Finally, take pictures and videos of the scene, the damage to the vehicles and property, along with any visible injuries on your body. 

After getting checked out by a doctor, call your personal injury attorney and notify them of the accident. You want to tell them everything you can remember to give them a base foundation for investigating your case. 

That being said, here’s how liability works when you’re the victim of an Uber or Lyft accident. 

Injured Passengers 

If you were injured in a rideshare accident as a passenger, your lawsuit will be subject to the same basic rules that apply to most passenger injury claims. 

As with all other personal injury claims, you, the plaintiff, must prove the liable party by the preponderance of evidence, to put it simply, you must demonstrate that the chances of them being responsible for the accident are more than 50 percent. 

Here’s a list of possible defendants in a ridesharing personal injury lawsuit:

• The drivers of the vehicles involved in the crash, including the Uber or Lyft driver. 

• The owners of the vehicles involved in the crash 

• Any other involved individual 

• Uber or Lyft

With the list of possible liable parties laid out, you may wonder whether it’s possible to sue the rideshare company directly. While technically possible, it can be difficult because of several defenses these companies employ to shield themselves from liability in case of an accident. 

To begin with, global ride-hailing companies such as Uber and Lyft classify their drivers as independent contractors rather than direct employees. This way, these companies cannot be held accountable for drivers’ actions since they are not direct workers. 

“Independent contractors are not employees.” says personal injury lawyer David W. Holub.  “They don’t benefit from workers compensation and unemployment benefits.”

As such, ride-hailing companies may use this status as a defense against your lawsuit. They may also argue that you forfeited your right to sue after signing the terms and conditions when signing up for the service. 

As such, your best recourse is to file a claim against any party or entity whom you believe had a role to play. For example, suppose your driver ran a red light and t-boned another vehicle at the intersection. In that case, your best chance of recovering full compensation is to file a claim against the driver’s insurance, the ridesharing service’s insurance, and the other involved insurance. 

When an Uber or Lyft Driver Hits You 

On the other hand, when an Uber or Lyft driver hits you, pedestrian and car accident liability rules apply. Suppose the other driver is to blame; the amount of compensation you receive will depend on their status at the time of the crash. 

If the app is off, the driver’s personal insurance applies. However, if the app was on and they were available for requests, the ride-hailing company would provide some liability coverage if the driver’s personal insurance does not apply. If the accident happened while the driver was on a trip, Uber and Lyft provide liability coverage.