Ridesharing services have changed how we get around, but this convenience is not without risks, just like other means of transportation. If you have been in an Uber or Lyft accident, you likely have questions on whether you can initiate a lawsuit to recover damages.
While A lawsuit is often possible, it is often not the first step in the process. Further, filing a lawsuit after an Uber or Lyft accident requires a legal professional who understands your situation and the legal process.
Rideshare accident cases can require in-depth investigation, and you may be surprised that these crashes involve legal issues far different from ordinary car accident cases. Do not hesitate to consult a car accident attorney experience in rideshare accident who can assess your best options for seeking compensation.
Who Is Liable for Uber or Lyft Accident Claims?
Rideshare accidents aren’t your everyday collisions. In this gig economy, drivers are regarded as independent contractors, which complicates the issue of responsibility. Figuring out who’s liable isn’t a quick finger-pointing exercise but requires a detailed evaluation of the details of the crash and the driver’s status.
Let us begin with drivers. Uber and Lyft don’t treat them as employees, so the companies attempt to distance themselves when a driver causes injuries. However, the law does not allow rideshare companies to completely absolve themselves of liability in every situation.
When it comes to Uber or Lyft, liability is determined by the status of the driver on the app. If the driver was logged into the app waiting for a fare, Uber or Lyft’s corporate insurance provides limited supplemental insurance to the driver’s coverage.
If the driver has accepted a ride and is en route to pick up a passenger or already has someone in the vehicle, corporate insurance usually provides up to $1 million in liability insurance for injured accident victims.
When a driver is offline, the company is out of the picture, and your only option is to seek compensation from the driver’s personal policy.
If you were an Uber or Lyft passenger at the time of the crash, the driver’s status is clear. However, if you were injured in another vehicle or as a pedestrian when a rideshare driver hit you, determining the driver’s status on the rideshare app is critical to know your options for compensation.
In addition, other parties might be responsible for rideshare accidents. For example, if a third driver cuts off your Lyft, causing a pileup, their insurance should be on the hook. Or maybe a pothole-riddled road contributed to your crash, the city or county might share the blame. You might hold the manufacturer liable if a faulty vehicle or tire caused a crash.
As you can see, liability for Uber or Lyft accident crashes is not simple. You need to examine app logs, insurance fine print, and crash reports. A rideshare accident lawyer can uncover these details and track down every liable party, pinning them down with evidence.
Steps in Filing a Rideshare Accident Lawsuit
Whenever someone else causes your Uber or Lyft accident, you are entitled to compensation for your injuries and damages. Filing a lawsuit is a complicated legal process, but the representation of an experienced rideshare accident attorney allows you to best fight for the justice you deserve.
Below are the key steps in filing a rideshare accident lawsuit, though remember that every case is different.
Starting With the Appropriate Insurance Claims
Before filing a lawsuit, the first step is generally to pursue compensation through insurance claims. Your attorney will investigate and identify all the necessary claims you should file based on the above criteria.
The insurance claim process begins with notifying the rideshare company about the accident and filing a claim with their insurance or one or more driver’s insurance. Your attorney can present evidence to support your claims, such as accident reports and medical records.
The first settlement offer from the insurance company is usually low, so rounds of negotiations are common. Your rideshare accident lawyer can negotiate with the insurance company on your behalf to try to reach a settlement that covers your losses. If they are successful, you can resolve the case without the need for a lawsuit at all.
If Your Attorney Cannot Reach a Fair Settlement, They Will File a Complaint
In some cases, the insurance company may not offer a fair settlement that adequately compensates you for your injuries and damages. If negotiations fail, your attorney may proceed with filing a complaint in court. This initiates the formal process of a lawsuit.
The complaint outlines the details of the accident, the injuries sustained, and the damages sought. It is then served to the defendant – the party responsible for the accident – who must respond within a specific timeframe. A complaint must contain proper information to start your lawsuit on the right foot.
The Discovery Process
Once the complaint has been filed and the defendant has responded, both parties engage in the discovery process. This is the stage where each side gathers evidence and information from the other side to build their case.
Discovery methods include:
- Written interrogatories
- Requests for the production of documents
- Depositions
The court usually sets a discovery schedule to keep the case on track, though this stage is usually the longest segment of the lawsuit process. Your attorney will handle this process, ensuring they obtain and evaluate all relevant evidence to strengthen your case.
Ongoing Pretrial Settlement Negotiations
Throughout and after the discovery process, your attorney will engage in ongoing settlement negotiations with the defendant and their insurance company. This is a critical stage where a favorable resolution can be achieved without going to trial.
Your attorney will present your case's facts and legal arguments, advocating for fair compensation. They can use evidence obtained in discovery to strengthen your position and demonstrate how you can present a strong case if you went to court. If your attorney shows you have a strong case, the defendant will often increase their settlement offer, as they might want to avoid going to trial.
If a settlement agreement is reached, it will be presented to the court for approval, after which the case will be resolved.
Trial and Verdict
If pretrial settlement negotiations are unsuccessful, the case proceeds to trial. This is rare, as the vast majority of car accident and injury cases settle before heading into court.
If your case is one of the few that goes to trial, your attorney will present your case before a judge and/or jury, providing evidence, calling witnesses, and making persuasive arguments on your behalf. Both sides will have the opportunity to present their version of events and challenge the opposing party's evidence.
Ultimately, it is up to the judge or jury to render a verdict, determining liability. If they decide the defendant is liable for your injuries, they will decide the amount of compensation to award for your injuries.
Overall, filing a rideshare accident lawsuit is a challenging process from start to finish. This is never something you should attempt alone, even the initial insurance claim. It is all too easy to say or do something that unintentionally jeopardizes the rest of the process.
Your rideshare accident attorney will guide you through each step, from initial insurance claims to trial, if needed, fighting for your rights and seeking the compensation you deserve. Don't hesitate to reach out to a knowledgeable rideshare accident lawyer to protect your interests and secure the justice you are entitled to.
The Damages Available in a Rideshare Accident Case
Some rideshare accidents can upend your life completely, especially if the injuries are catastrophic. Filing a lawsuit following an Uber or Lyft accident might be the best way to recover those losses, especially if they are substantial.
It is always important to know the proper value of your claim, and you should never trust an insurance company’s assessment. Have your rideshare accident attorney calculate your damages so they can fight for the full compensation you need, now and in the future.
Usually, your attorney will assess the following damages to determine what to pursue as compensation:
- Current and Future Medical Expenses: These include immediate costs such as ambulance expenses, surgeries, and therapy. Chronic injuries may also require decades of care, so lawyers may collaborate with medical experts to project these expenses to ensure settlements account for long-term needs.
- Lost Earnings During Recovery: Missed work translates to lost earnings. Attorneys document pay stubs and employer statements to reclaim every dollar, which is essential for you to reclaim your life.
- Reduced Earning Capacity: If the ridesharing accident caused permanent injuries such as spinal damage or cognitive impairment, it may limit you from future earnings. In these scenarios, lawyers may engage vocational experts to help calculate this loss and ground claims in economic facts.
- Pain and Suffering: This involves physical agony and lifestyle disruption, which are a key component of personal injury claim settlements. Your attorney can frame this compellingly and tie it to your testimony and medical records.
- Emotional Distress: The psychological impact of car accidents often includes PTSD and anxiety, which merit compensation. In severe cases, these damages require psychiatric evaluations to bolster these claims and prove the extent of harm.
These damages are not exhaustive, as additional compensation may be available depending on the unique facts of your case. For example, if your case involves incidental costs such as traveling costs to medical appointments or home modifications, they can also add up. A skilled lawyer will consider all possible losses, as you only have one chance to seek compensation.
Do I Have to Work with a Rideshare Accident Attorney?
With everything we discussed above, the importance of working with a rideshare accident attorney should be clear. Aside from sorting through complicated insurance coverage matters, the following are some additional reasons why you should always work with an experienced attorney:
Collecting Evidence
Insurance companies and courts will not simply take your word regarding fault for the accident or your resulting injuries. Instead, they require sufficient evidence to prove your case. The legal standard in a lawsuit is “by the preponderance of the evidence,” which means you must prove it is more likely than not that the named defendant is liable for the accident and your injuries.
Evidence does not last forever, and it is not always readily accessible. Skid marks fade, witnesses disappear or lose memories, and app data gets buried. A lawyer can move fast, collecting police reports, traffic and dashcam footage, and driver logs before they’re gone. They might even bring in an accident reconstructionist to prove who’s at fault when stories are conflicting.
Handling Insurance Negotiations
The initial goal is to settle a claim with insurers, and rideshare claims may involve several insurance companies, each with a vested interest in minimizing payouts. The driver’s personal carrier may deny coverage, citing commercial exclusions, while Uber or Lyft’s insurer may contest the driver’s status. Also, a third-party insurer may shift blame onto other parties or the injured victims.
However, with a rideshare accident attorney, you can counter insurance company tactics like premature settlement offers or requests for recorded statements designed to reduce your compensation. With the right negotiator, you can avoid a lawsuit altogether when possible.
Handling Legal Procedures
When filing injury lawsuits, you must adhere to strict timelines and legal procedures. Some mistakes can be costly and can even result in a dismissal of your case. You need a skilled litigator who can follow these rules and requirements to the letter to move your case forward in the proper manner.
Speak to an Uber or Lyft Accident Attorney About a Possible Case Today
If an Uber or Lyft crash has turned your world upside down, you have legal options. A personal injury lawyer in St. Petersburg, FL can pursue a lawsuit when necessary to ensure you obtain adequate recovery for your injuries and losses. While insurers may come with lowball offers, your attorney can use evidence to demonstrate the compensation you rightfully deserve.
Consultations are free, so contact a rideshare accident lawyer near you as soon as possible.
