Uber and Lyft Negligence Lawyer

What Is a Ride Share Negligence Attorney?

What is rideshare?

Ridesharing services are websites and phone applications that essentially help you get from one point to another. It is a way for you to book a vehicle to get to your final destination. You are able to see who the driver is, along with the vehicle that has been booked for your ride. The most common types of rideshare applications are Uber and Lyft.

Getting involved in a car accident, especially when you are not the driver, can be quite scary. What if the driver of the accident works for Uber, Lyft, or another taxi company? What if the culprit of the accident is the other driver and you are not sure of what to do?

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?

There are several reasons how and why a rideshare accident could take place. One of the most common reasons why a rideshare accident could take place is because of the rideshare driver’s negligence. This is one of the most common reasons why passengers in an Uber or Lyft may get into an accident. Examples include:

• Distracted driving –Using a phone, fiddling with the radio or GPS system, eating, drinking, or talking to other people in the vehicle counts as distracted driving.
• Failure to properly maintain vehicle – Any vehicle used for ride-sharing must be regularly maintained. A vehicle used to transport others must have their fluids, tires, and general conditions checked regularly. Any problems that arise must be fixed.
• Reckless driving – The riders that can be picked up in a session, the more the ride-sharing driver makes. This can incentivize dangerous driving that may cause an accident through negligence.
• Fatigued driving – Driving tired is similar to driving drunk in many ways. If driver fatigue was the cause of your ride-share accident, we may be able to build a case for negligence.
• Failure to adhere to traffic laws – Any driver that ignores the laws of the road is putting others at risk, whether this causes an accident or not. If someone is injured as a result of ignoring traffic laws, then the driver can be liable for their negligent actions.

How does a rideshare claim work?

Rideshare claims could get a bit tricky, especially when trying to determine who you should file the claim with. First, you should locate the rideshare company, and get into contact with their claims department. There may be a claims form link online, or you may be able to file a claim through mail.

When filing a claim, you are to provide your medical bills, invoices, and records. These records will help determine what kind of injuries you have suffered from the rideshare accident. 

After you have filed the claim, a claims representative may get in contact with you and require more documentation. In this circumstance, make sure that your attorney speaks with the claims representative.

We recommend that you have a rideshare attorney on your side from the beginning of the claims process. It will make it easier to navigate through the claims process, especially because you may have other things to focus on after following an accident, such as your medical appointments for your injuries.

IS IT POSSIBLE TO SUE UBER OR LYFT AFTER AN ACCIDENT?

When your driver was at fault: For whatever reason, if your Uber or Lyft driver has any type of commercial insurance or even their own personal auto insurance that covers these types of ride-sharing accidents, your Uber or Lyft driver’s coverage will go towards your injuries, in the event that there are any. The problem is, most don’t have these types of provisions (coverage). To take this a step further, your Uber or Lyft driver’s own car insurance most likely has a “business use exception,” which states that damages for any injuries involved from an accident that occurs while your Uber or Lyft driver is working will not be covered. Your driver also most likely won’t have enough funds stored away to make up for your losses, if you decide to go to court. Just going down that path will waste both your time and theirs.

When the other driver was at fault: If the Uber or Lyft driver was not at fault, but rather the other driver, then what you would be able to do is attempt to take their insurance to court or mediation. The process could be daunting, and without an experienced attorney, you may not be able to recover the damages you are owed.

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. 

There are several different insurance companies that could come into play when it comes to ride-share accidents and lawsuits. For example, the individual driver’s personal car insurance, Uber’s insurance, and any other third-party car insurance could get involved.  Make sure you have a trusted attorney, and call us today for a free one-on-one case evaluation. During this case evaluation, we can assist you when determining which parties could be held responsible.

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

Contrary to popular belief, there is no specific license, certificate, or training that an Uber or Lyft employee must have in order to work for Uber or Lyft. The only requirement is that the driver has a valid driver’s license. 

WHAT ARE EXAMPLES OF RIDESHARE PROGRAMS?

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