Who bears liability in rideshare accidents? When you sustain an injury with a driver who works for Lyft or Uber or as a passenger in a rideshare, how do you know who is responsible for your injuries?
Oftentimes, rideshare accidents are complicated. Following a serious collision, you might face mounting medical expenses that build upon other bills. All the while, you have to deal with injuries that prevent you from working. When you can’t collect a paycheck, how do you afford these bills.
In these situations, it’s common to wonder whether it’s possible to hold the driver or company accountable. Remember this. Whenever someone’s negligence causes you harm, you have rights. Moreover, you have options.
How to Determine Liability in Rideshare Accidents
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If an accident involves Lyft or Uber, the driver tends to assume liability. Oftentimes, it’s because they are the one operating the vehicle. However, the driver’s insurance may not adequately cover your expenses.
In many cases, victims of rideshare accidents also hold the company accountable. This has increased over time, and lawsuits and claims against these companies are on a steady rise.
Too often, these companies attempt to avoid liability in rideshare accidents. They claim the drivers are not employees. Instead, they call them “independent contractors.”
Additionally, the companies argue that the app merely connects people to services. As such, they claim not to be employers at all.
As the companies hope the business model shields them from liability in car accidents, courts don’t always agree. In some cases, courts rule that the companies owe a duty of care to passengers. As a result, companies across the country had to accept increased scrutiny and regulations around safety.
Insurance in Rideshare Collisions
Currently, Lyft and Uber provide insurance policies that cover drivers and passengers up to $1 million. The policies offer compensation for medical bills, injuries, and fatalities. These three-part plans include the following.
- When a rideshare driver sustains an injury in an accident caused by another motorist
- Passengers who sustain injuries inside a rideshare vehicle
- Other motorists and bystanders who sustain injuries in an accident caused by a rideshare employee
On top of this policy, Uber mandates that drivers carry the state-mandated minimum in personal insurance coverage. In some cases, drivers complain that their providers cancel insurance coverage when they work as a rideshare driver.
Moreover, some insurance companies now carry policies specific to these drivers either nationally or in specific states. Additionally, Lyft requires drivers to have their own insurance policy.
In Lyft accidents, the company’s policy only provides coverage when the driver’s policy does not cover the cost of the accident. However, if the driver has an active fare at the time of the wreck, they cover. As you can see, liability in rideshare accidents is not so simple.
Rideshare Companies & Negligence
In addition to accidents caused by rideshare drivers, other serious issues arise. It is essential for companies to answer for and recognize their role in these issues. Such incidents include the following.
- Assault and Battery
- Driving Under the Influence (DUI)
- Driving While Intoxicated (DWI)
- Kidnapping
- Robbery
- Sexual Assault and Rape
The severity of these incidents often falls to the companies. This is due to their failure to perform the necessary, appropriate background checks on drivers. Uber and Lyft outsource these background checks to a third-party company.
Additionally, they do not fingerprint new rideshare drivers.
What Are the Main Concerns About Rideshares?
Aside from liability in rideshare accidents, there are other concerns. Because user adoption is so widespread, the business model raises issues from a legal perspective. Here are a few examples.
- The companies never meet drivers in person. Even virtually, there are no interviews or thorough background checks. These are common requirements for limo and taxi drivers.
- They do not employ professional drivers. The companies require no special training or licenses. As such, this leaves passengers in the hands of drivers they don’t know or trust: aggressive, careless, distracted, or inexperienced.
- Discounting liability in rideshare accidents for a moment, there are safety issues. Any time two strangers share a vehicle, there are essential safety concerns.
- Typically, rideshare drivers have to use their phones to follow a GPS and track fares. Too often, these results in a higher level of distraction behind the wheel.
Unfortunately, these safety concerns do not halt the spread of these companies. However, in rideshare accidents, there have also been severe injuries and wrongful death claims.
Do I Need a Rideshare Accident Attorney?
When you sustain an injury in a rideshare accident, you have the option to work with an attorney. While the company may offer an immediate settlement, it’s rarely in your best interest. If you sustain an injury in a Lyft or Uber, work with an attorney to ensure you understand your options. Whether you were a passenger in the rideshare or a Lyft driver collided with you, it’s important to pursue the compensation you deserve.
When you work with a personal injury law firm, your legal team is a team of advocates. As you recover from your injuries, they work to determine liability. Unfortunately, liability in rideshare accidents is rarely a simple matter.
Work with a team of attorneys who understand the laws around these accidents and the duties of the companies. When you sustain an injury in a collision, look for a law firm that puts you first. With personalized attention and aggressive representation, you have a much higher chance to attain the compensation you deserve.
