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Popular rideshare companies exploded onto the scene in 2009. Uber was founded in 2009, and Lyft followed shortly after in 2012. These companies immediately changed the landscape of public transportation. Currently Uber boasts an astounding 93 million active users, and Lyft has 12 million quarterly active riders.
All these rideshare trips account for billions of rides each year throughout the country. They also account for an uptick in auto accidents and fatalities. Uber vehicles were involved in 97 fatal crashes between 2017 and 2018, leading to 107 deaths. Of that number, 21 percent of the crash victims were the rider, 21 percent were the driver, and the remaining 58 percent were third parties.
When an accident occurs with a rideshare driver, the questions become: Who’s responsible for the damages? What happens if I’m involved in a collision with a rideshare driver? That’s why it’s important to have rideshare accident attorneys with proven results fighting companies like Uber and Lyft.
A large number of Lafayette residents and tourists have grown to depend on rideshare programs such as Uber and Lyft to perform daily tasks, travel to the Lafayette Regional Airport (LFT), attend local festivals, or enjoy a night out around town. Rideshare may even serve as a replacement for owning a vehicle. Rideshare drivers, however, still get into motor vehicle accidents, requiring individuals to seek out an experienced rideshare accident lawyer in Lafayette.
Rideshare drivers experience a variety of different distractions as do regular motorists. However, drivers for companies like Uber & Lyft also have unique distractions that can contribute to rideshare accidents in Uber & Lyft arrangements. Some factors that can cause distractions to rideshare drivers include:
Most Uber and Lyft accidents are a result of driver negligence. Uber and Lyft drivers are not trained professionals. They are everyday people looking to make a living or earn some extra cash.
While it’s always a risk to the passenger to accept a ride with companies like Uber and Lyft, many assume that the drivers are safe on the roads. That is not always the case. There’s never a guarantee that a rideshare driver is competent or will get passengers to their destinations safely.
Rideshare drivers are among the most distracted drivers on the road, with their apps, phones, GPS, and passengers drawing their attention from the task at hand.
Uber and Lyft drivers may be inclined to speed, run red lights or stop signs, make unsafe or illegal turns, or otherwise drive recklessly. After all, the more rides they complete, the more money they’ll make.
For many, driving for Uber and Lyft is a second source of income. This means that a driver may have already worked a full day before getting behind the wheel. This puts them at an increased risk of being drowsy or falling asleep while driving.
Other common causes of an Uber or Lyft accident can include:
An accident involving an Uber, Lyft, or another rideshare vehicle may differ from a typical car accident involving non-commercial vehicles. In turn, Uber and Lyft sidestep responsibility when one of their drivers is involved in a car accident.
However, Uber and Lyft both have million-dollar insurance policies to protect passengers and third parties in the event of an accident. As the victim of an Uber or Lyft accident, you reserve the right to seek insurance benefits from a negligent party, which can include other motorists and the negligent rideshare driver themselves.
Insurance may be more complicated. Several different insurance policies could be applicable when a rideshare driver is responsible for an accident, depending on what “phase” they were in at the time. Uber and Lyft both provide up to $1 million in liability insurance for injuries and property damage in an accident caused by an on-duty driver. However, if the rideshare driver was not on duty at the time or someone else caused the crash, you may need to file a claim with a different insurance policy.
Large corporations can be challenging. If you file an insurance claim against a company like Lyft or Uber and your claim is undervalued or denied, you may find that you are up against large corporations with substantial legal resources. This is why you need an experienced Lafayette rideshare lawyer to help you prepare a solid claim to make sure you get the maximum compensation.
As with all car accident claims, the amount you can recover after an accident with Uber or Lyft depends on numerous factors. Most importantly, as “compensation,” any amount you recover should be designed to replace what you have lost as a result of the collision. This includes not only your direct out-of-pocket costs, such as medical bills, but also your loss of income, pain and suffering, and other losses.
As your Lafayette rideshare accident lawyer, we will accurately calculate your financial and non-financial harm, and we will seek the maximum compensation that is available. If we can negotiate a favorable insurance settlement, we will. If we need to take your case to trial, we will fight to convince the jury that you are entitled to full compensation for all of your current and future losses.
Can I sue Uber or Lyft if I was in an accident with one of their drivers?
Typically, no. Uber and Lyft have fought hard to make sure that their drivers are classified as independent contractors rather than employees. However, both Uber and Lyft have million-dollar insurance policies to protect passengers and third parties in the event of an accident. As the victim of an Uber or Lyft accident, you reserve the right to seek insurance benefits from a negligent party, which can include other motorists, the negligent rideshare driver themselves, and the manufacturers of defective vehicles if that was involved in the accident.
How long do I have to file a lawsuit?
As with most car accident lawsuits, rideshare accidents have a one-year statute of limitations. Once the time period is up, you no longer have the opportunity to file a claim.
Are passengers ever responsible for the safety and maintenance of the rideshare vehicle?
No. The driver of the vehicle is the only person responsible for maintaining the rideshare care. While taxis are required to undergo routine inspection by the cab company, rideshare vehicles are not. Rideshare drivers are the only party responsible for properly maintaining the vehicles.
Are rideshare companies doing background checks on their drivers?
Technically? Yes. However, there have been reports of drivers with a questionable background and driver’s history being allowed to drive passengers for a rideshare, so how diligent are these companies about background checks? That is not certain.
Can a wrongful death lawsuit be filed against a driver or rideshare company?
If the worst happens and a pedestrian or passenger is killed during a rideshare accident, a wrongful death lawsuit may be filed against a driver and, in certain circumstances, a rideshare company.
For over 30 years, Craig and his team have helped thousands of personal injury victims pursue compensation for damages owed to them. We are dedicated to providing competent, compassionate legal support and giving you and your family the personalized attention you deserve. Our lawyers are committed to fighting for your rights and helping you recover maximum compensation for your injuries and losses. Give us a call today. Our conversations are always free, and you don’t pay anything unless we win your case!
At Craig A. Davis, APLC, we serve the following areas. Lafayette, Youngsville, Broussard, Scott, New Iberia, Abbeville, Breaux Bridge, Carencro, Duson, Crowley, Rayne, Maurice, Erath, Jennings, Lake Charles, Grand Coteau, Houma, Delcambre, Iota, Jeanerette, Meaux, Sulphur, Opelousas.
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