Navigating Rideshare Accidents: Key Insights & Action Steps

Rideshare companies like Uber, Lyft, and Curb typify the modern gig economy with opportunities for nearly anyone to take on short-term, independent work. These companies connect drivers, who work as independent contractors, with passengers through their platforms.

As rideshare services continue to grow, however, so do rideshare related accidents.

Rideshare accident cases are unique and complex, presenting challenges that can be incredibly stressful if you find yourself in this situation. An advocate with specialized legal expertise can help you navigate the nuanced regulations and varied complexities of rideshare car accidents.

If you or a loved one has been involved in a rideshare accident as a passenger, pedestrian, or another driver on the road, knowing how these distinctive cases are handled is the first step to effectively pursue a claim.

The Impact of Rideshare Accidents

Rideshare services have a marked effect on traffic safety and transportation practices regardless of whether you utilize them. Consider these statistics demonstrating the impact of ridesharing:

• Ridesharing services increase traffic in areas with high public transit use. In some circumstances, traffic congestion increases by as much as 8.84%. ⁽¹⁾

• Increased traffic translates to more fatalities. Ridesharing services are linked to 987 additional fatalities each year. ⁽²⁾

• More rideshare trips can lead to more crashes. Survey results show that 33% of rideshare drivers have been involved in an accident while driving. ⁽³⁾

Recent data shows that 70% of rideshare trips are in the most densely populated metropolitan areas in the U.S., including Los Angeles, Boston, San Francisco, Chicago, and New York City. ⁽⁴⁾

What Causes Rideshare Accidents?

There are many reasons rideshare accidents occur. Drivers may be inexperienced, tired or impaired, or distracted by phones, GPS systems, and conversations with passengers. In some cases, external factors, like other drivers or hazardous road conditions, may cause an accident.

Know What to Do After a Rideshare Accident

Nobody wants to be involved in a rideshare accident, but there are things you can do to improve the situation down the road. Being prepared and aware of what necessary steps to take if it happens can protect your rights and ensure the incident is handled properly.

1. Call Law Enforcement

After moving to a safe location, contact the police after a rideshare car accident, especially if the incident resulted in injuries or damage. Doing this can connect you with short-term assistance, but it also creates a police report that serves as an official record of the accident. Always call 911 in emergencies, but use the non-emergency number if the situation is not urgent.

2. Seek Medical Attention

Even if you don’t feel seriously injured, it’s wise to seek medical evaluation. Some injuries are not noticeable at first but could get worse as time goes on. Healthcare providers can determine — and document — whether you sustained any injuries.

3. Document the Accident

Take photos of the vehicle damage, any injuries, and the surroundings, particularly if there are any road signs or signals. Write down information while it’s fresh in your memory, and speak with any witnesses who may have seen the accident.

4. Collect Information

Exchange contact details with the other people involved in the accident, including their names, phone numbers, insurance information, and license plate numbers. After you gather this information, keep it with your other records and documentation of the accident.

5. File a Report with the Rideshare Company

As soon as you can, report the incident to the rideshare company. The company will have standard procedures for filing a report, which could include filing an incident report online or speaking to a member of their team. Approach the process with essential information, such as the date, time, location, and logistical details of the accident, only sticking to the basic facts.

6. Seek Support

After an accident, you’ll need to navigate insurance claims, liability issues, and potential compensation for damages. Consult with a qualified personal injury attorney who has experience in rideshare accidents to help you understand your rights and legal options.

Determining Who Is Liable in a Rideshare Accident

Between the driver, passenger, third parties, and the rideshare company, who is ultimately responsible for a rideshare car accident? The answer depends on the factors that contributed to the incident.

• If another driver caused the accident, they are at fault, and their insurance will typically cover the damage.

• If a rideshare driver is off-duty at the time of the accident, they are at fault, and their personal insurance will typically cover the damage.

• If a passenger directly contributed to the accident, they may be held liable for damages.

• If the accident was due to a mechanical failure or defect in a rideshare vehicle, the rideshare company and/or the manufacturer may be held liable.

• If the accident involved multiple vehicles, liability may be determined by fault percentages or dictated by state law.

Depending on the circumstances, both a driver and the rideshare company may be held liable for an accident. This is because rideshare companies have a duty of care to thoroughly evaluate, train, and monitor their drivers.

Though they classify their drivers as non-employees, rideshare companies may still be liable for accidents caused by their drivers’ negligence while they’re on the clock.

Keep in mind that transportation and accident liability laws change by state, leading to differences in determining responsibility across jurisdictions.

Pursuing a Successful Rideshare Accident Claim

In rideshare cases, we pursue vicarious liability, a concept that explores whether a company should be held liable for the actions of others. This includes the idea of respondeat superior, in which superiors can be responsible for the actions of their subordinates.

Recovering Damages in a Rideshare Accident Claim

After a rideshare car accident, you may be able to recover various types of damages through a legal claim:

• Property Damages: Compensation for damage to your vehicle or other property involved.

• Medical Expenses: Reimbursement for medical bills and rehab services related to your injuries.

• Lost Wages: Compensation for loss of income due to an inability to work during your recovery.

• Pain and Suffering: Non-economic damages for the accident’s impact on your quality of life.

• Emotional Distress: Compensation for emotional suffering or psychological trauma the accident caused.

Your eligibility to recover these damages depends on the situation. It’s important to contact experienced legal professionals to discuss the scope of your rideshare accident claim.

Are There Limitations on the Damages I Can Recover in a Rideshare Claim?

Yes, there may be limitations on the damages you can recover in a rideshare claim depending on state laws, insurance coverage, the types of damages, who is at fault, and the state’s statute of limitations.

Can I Still Recover Damages If the Rideshare Driver Was Under- or Uninsured?

There are avenues to recover damages in a rideshare accident apart from the driver’s insurance. Rideshare companies may have insurance policies that cover the incident, and your own insurance policy may also provide coverage. Speak with a legal expert to explore all possible options to recover damages if the rideshare driver responsible for the accident is uninsured or underinsured.

The Litigation Process After a Rideshare Car Accident

The classification of gig workers in the rideshare industry is a widely contentious and evolving legal issue. Several factors can influence the litigation process for a rideshare claim, including the technological aspects of the platform, personal injury and employment law, and other current laws and regulations.

Entering the legal arena can be daunting. Here are some things to know when you seek rightful compensation.

You Have Legal Rights

Always remember that you have a right to seek justice for damages as a victim of a rideshare accident. You can seek compensation for medical expenses, lost income, pain and suffering, and other injuries. While the litigation process can take time and effort, it can be worthwhile to secure fair compensation and hold the perpetrators accountable for the accident.

Your State’s Accident Claim Laws May Vary

Different states have laws and regulations that dictate the discovery process, determining who is at fault, and the required timeframe for filing a claim. To protect your rights, you must initiate your claim within the specified statute of limitations.

You Need Essential Documentation

There is a lot to keep track of when you’re involved in a rideshare related collision. Make sure you walk away from the scene with all of the key information listed here:

• The names, contact information, and insurance information from all parties involved.
• License plates and vehicle information.
• The accident location, date, and time.
• Details of the sequence of events, road conditions, and other relevant facts.
• Photographs of any damage, injuries, street signs, road conditions, and the surrounding area.

Following the incident, gather police reports, medical records, insurance records, and the report or claim numbers provided by the rideshare company when you reported the accident.

You Have Resources Available

Know that you’re not alone. There are resources available to help you navigate the claim process. Legal experts specializing in rideshare accidents and personal injury cases can offer invaluable guidance throughout the process. Their role is to walk you through your claim and advocate for your rights to fight for a successful outcome.

Let Weitz & Luxenberg Advocate for Your Rideshare Accident Claim

In rideshare accident cases, we look to both the driver and the company for accountability. With a keen knowledge of the apps, rideshare company policies, and evolving case law, we have worked vigorously — and will continue our vigorous work — to develop and present strong cases that put our clients in the best position to overcome the independent contractor defense.

If you’ve experienced a rideshare accident involving Uber or Lyft, or any incident related to rideshare or tech companies, Weitz & Luxenberg is ready to aggressively build your case for maximum compensation for your injuries and losses. Call (833) 977-3437 speak to our team today.