Uber and Lyft Negligence Lawyer

What Is a Rideshare Negligence Attorney?

What is rideshare?

Ridesharing services, facilitated through websites and mobile applications, offer convenient transportation solutions from one location to another. These platforms enable users to book vehicles for their journeys, providing visibility into the assigned driver and vehicle details. Among the most popular rideshare applications are Uber and Lyft.

Being involved in a car accident, particularly as a passenger, can be a frightening experience. Questions may arise, especially if the driver is affiliated with a rideshare company like Uber, Lyft, or another taxi service. Uncertainty may also arise if the accident involves another driver, leaving passengers unsure of the necessary steps to take.

Our clients ask us these types of questions after being involved in a rideshare accident. Rideshare accidents could get very complex, especially if there are multiple parties involved. Give us a call today to discuss your specific rideshare accident and injuries.

What Causes Rideshare Accidents?

Rideshare accidents can occur due to various factors, often stemming from the negligence of the rideshare driver. This is a prevalent cause of accidents involving passengers in services like Uber or Lyft. Examples include:

• Distracted driving: Engaging in activities like using a phone, adjusting the radio or GPS, eating, drinking, or conversing with passengers while driving can lead to accidents due to distractions.
• Failure to properly maintain the vehicle: Vehicles used for ridesharing must undergo regular maintenance checks, including fluid levels, tire conditions, and overall vehicle health. Neglecting maintenance can lead to mechanical failures and accidents.
• Reckless driving: Some rideshare drivers may prioritize completing as many rides as possible to maximize earnings, potentially incentivizing risky driving behaviors that endanger passengers and others on the road.
• Fatigued driving: Operating a vehicle while fatigued poses similar risks to driving under the influence of alcohol. Fatigue can impair reaction times and decision-making abilities, increasing the likelihood of accidents.
• Failure to adhere to traffic laws: Disregarding traffic laws, such as speeding, running red lights, or illegal maneuvers, not only poses a risk to other road users but also constitutes negligence on the part of the driver, potentially leading to accidents and injuries.

How does a rideshare claim work?

Navigating rideshare claims can be complex, particularly when determining the appropriate party to file the claim with. Initially, locate the rideshare company and reach out to their claims department. This can typically be done online through a claims form link or via mail.

When filing your claim, be sure to provide documentation such as medical bills, invoices, and records. These documents are crucial in assessing the extent of injuries sustained in the rideshare accident.

Following the claim submission, a claims representative may request additional documentation. In such instances, it’s advisable for your attorney to communicate directly with the claims representative.

We strongly advise having a rideshare attorney by your side from the outset of the claims process. This ensures smoother navigation through the process, particularly as you may have other priorities to manage post-accident, such as attending medical appointments for your injuries.

When Is It Possible to Sue Uber or Lyft after an Accident?

• When Your Driver Is at Fault: If your Uber or Lyft driver bears responsibility for the accident, their commercial or personal auto insurance may cover your injuries, provided they have the appropriate coverage. However, many drivers lack this coverage, and their personal insurance policies often exclude coverage for accidents that occur while driving for rideshare services. Consequently, relying solely on your driver’s insurance may not fully compensate for your losses, and pursuing legal action against them may prove fruitless.
• When the Other Driver Is at Fault: If the accident was caused by another driver, you may pursue a claim against their insurance through court or mediation. However, navigating this process can be challenging, and without skilled legal representation, you may struggle to recover the compensation you deserve. An experienced attorney can guide you through the complexities of the legal system and help you secure the damages owed to you.

Who is responsible for my rideshare accident lawsuit?

There are various different parties that could be held responsible for your Uber accident. other parties in a lawsuit could involve:

• Uber: in certain circumstances, Uber could be liable for their employee’s negligent actions. In order to hold Uber accountable, you must show that the driver was an employee, and was on the clock at the time of the accident. This means that the driver should have been driving a customer or driving to a customer at the time of the incident.
• Third parties: in some cases, third parties, such as other pedestrians or other oncoming vehicles and drivers could be held responsible if they caused the accident. But, extensive investigation must be done to determine exactly which party the responsible party may be. 

In ride-share accidents and lawsuits, multiple insurance companies may be involved, including the individual driver’s personal car insurance, Uber’s insurance, and third-party car insurance. To navigate this complex landscape and determine liability, it’s crucial to have a trusted attorney by your side. Contact us today for a free one-on-one case evaluation, where we can provide expert assistance in identifying responsible parties and advocating for your rights.

What type of license does an Uber or Lyft driver need?

Despite common misconceptions, there are no specific licenses, certificates, or training requirements for individuals to work as Uber or Lyft drivers. The primary prerequisite is that the driver possesses a valid driver’s license.

WHAT ARE EXAMPLES OF RIDESHARE PROGRAMS?

• Uber
• LYFT
• GoJek
• Careem
• Ola
• Via
• BlaBla Car
• Bridj

The Role of Technology in Rideshare Accidents

Technology plays a dual role in rideshare accidents; it both contributes to and helps prevent accidents. On one hand, the use of apps and GPS can distract drivers, contributing to accidents. On the other hand, many rideshare companies are implementing safety features, such as real-time speed tracking, mandatory rest periods for drivers, and routes optimization to enhance safety. The data collected by these apps can also prove invaluable in accident investigations, providing precise details about the route, speed, and time of an accident. As technology evolves, its integration into rideshare services continues to reshape the landscape of liability and safety in transportation.

Legal Developments in Rideshare Litigation

The legal landscape for rideshare litigation is rapidly evolving as courts and lawmakers respond to the unique challenges posed by rideshare accidents. Recent developments include defining the legal status of rideshare drivers (independent contractors vs. employees) and the extent of company responsibility. There have been landmark cases where courts have held rideshare companies liable for accidents under certain conditions, influencing how future cases are approached. Additionally, some states have enacted laws specifically addressing insurance coverage requirements and operational standards for rideshare companies. Keeping abreast of these changes is crucial for legal professionals and plaintiffs to effectively navigate the complexities of rideshare litigation.

Common Asked Questions

What do rideshare negligence lawyers do?

Rideshare negligence lawyers specialize in legal cases where someone has been injured or harmed during a ride in a service like Uber or Lyft. They help victims collect evidence, understand the complexities of liability in rideshare accidents, and file compensation claims or lawsuits against responsible parties. Their goal is to ensure victims receive fair compensation for their damages, including medical expenses, lost wages, and pain and suffering.

How do you prove negligence in a rideshare accident case?

Proving negligence in a rideshare accident involves showing that the driver, the rideshare company, or another party failed to exercise reasonable care, leading to the accident. Evidence such as dashcam footage, witness statements, the driver’s history, and maintenance records of the vehicle can be crucial. Lawyers often need to demonstrate how the negligence directly caused the accident and the victim’s injuries.

Can you sue a rideshare company like Uber or Lyft directly?

Yes, suing Uber or Lyft directly is possible but challenging. Generally, rideshare drivers are considered independent contractors, not employees, which can limit the companies’ liability. However, under certain conditions, such as if a driver was actively logged into the app and carrying a passenger, the company’s insurance may cover damages. Each case’s specifics need careful legal analysis to establish the company’s direct responsibility.

What should you do immediately following a rideshare accident?

Immediately following a rideshare accident, it’s crucial to ensure everyone is safe and to call emergency services if there are any injuries. Document the scene by taking photos and obtaining contact information from all parties involved and witnesses. Report the accident to the rideshare company through their app. After addressing immediate health and safety concerns, consult a rideshare accident lawyer to discuss potential legal action and compensation claims.

How does insurance coverage work in rideshare accidents?

Insurance coverage in rideshare accidents can be complex, involving multiple parties’ policies. Typically, rideshare companies offer contingent coverage that can kick in under specific conditions, like when the driver is logged into the app but hasn’t yet picked up a passenger, or more comprehensive coverage when the passenger is in the vehicle. Individual drivers are also required to maintain personal auto insurance, which may or may not offer additional coverage.

What types of compensation can victims of rideshare accidents claim?

Victims of rideshare accidents may claim compensation for medical expenses, future medical treatment, lost wages, loss of earning capacity, and pain and suffering. In cases of severe or permanent injuries, claims can also include long-term care costs and compensation for physical and emotional distress.

How long do you have to file a claim after a rideshare accident?

The time limit, or statute of limitations, for filing a rideshare accident claim varies by state. It typically ranges from one to four years from the date of the accident. It’s essential to consult a rideshare accident lawyer as soon as possible to ensure that your right to sue is not affected by these time constraints.

What challenges do plaintiffs face in rideshare litigation?

Plaintiffs in rideshare litigation face several challenges, including establishing liability, dealing with multiple insurance carriers, and navigating complex legal agreements that might limit the ability to sue. Additionally, rideshare companies can deploy significant legal resources to defend these cases, often complicating the litigation process for individuals without adequate legal representation.

How do rideshare companies vet their drivers to prevent accidents?

Rideshare companies like Uber and Lyft conduct background checks on drivers, which include driving history and criminal record checks. However, the thoroughness of these checks and the criteria for disqualifying a candidate can vary, sometimes leading to the hiring of drivers who may not be sufficiently vetted. Continuous monitoring and re-assessment of driver qualifications also vary by company policy and jurisdiction.

What impact do local laws have on rideshare accidents?

Local laws can significantly impact rideshare accidents, particularly in determining the liability and available insurance coverage. Some cities or states have specific regulations governing rideshare operations, including insurance requirements, driver qualifications, and safety standards. It’s crucial for legal strategies to consider these local variations to effectively manage a rideshare accident claim.

Contact Our Top Rated Uber and Lyft Car Accident Attorneys today at Heidari Law

If you’ve suffered injuries in an accident where a ride-share driver was at fault, it’s important to contact an accident lawyer immediately as you may have a case for negligence. You may be able to seek compensation for your injuries. Compensation may include lost wages, The experienced team of accident attorneys at Heidari Law Group can help prove that the driver’s negligent actions caused your injuries. Schedule a free consultation today to determine your rights and the best legal process for you.

Our rideshare attorneys have been representing victims who have been injured in rideshare accidents for several decades now. We know what it takes to navigate through the legal process and make sure that drivers are held accountable for their negligent driving.

Give us a call today to discuss your car accident.