Did you know that research indicates that following the widespread adoption of Uber and Lyft, there was an increase in the accident rate from 2 to 3.5 per 100,000 people? This escalation can be linked to the higher volume of vehicles on the streets due to the prevalence of rideshare services.
Feeling overwhelmed after a rideshare accident? The decision of whether to sue the driver or the rideshare company can be complicated and daunting. According to Orange County lawyers, when you find yourself in such a situation, understanding the liability, legal relationships, and insurance coverage, especially with the help of an experienced lawyer, can significantly impact your case.
Because of this, we will talk about the things that could affect your choice of legal action before you make a quick decision on any rideshare injury claims.
Liability of Rideshare Drivers
As a rideshare driver, you must operate your vehicle safely and attentively, making sure of the well-being of your passengers and others on the road.
If you’re involved in an accident while driving for a rideshare company, factors such as whether you were logged into the app, actively transporting passengers, or on your way to pick up a passenger can impact the determination of liability. Your behavior behind the wheel, adherence to traffic laws, and any negligence on your part will be closely scrutinized.
As a rideshare driver, you’re expected to carry adequate insurance coverage to protect yourself, your passengers, and other parties in the event of an accident. Failure to maintain appropriate insurance could result in significant financial repercussions and legal consequences. Being diligent in upholding your responsibilities and making sure that your actions are in line with safety regulations is paramount.
Legal Relationship With Rideshare Companies
Establishing a legal relationship with rideshare companies requires a clear understanding of the terms and conditions outlined in their agreements. When you sign up as a driver or a passenger, you’re entering into a contract that defines the rights and responsibilities of both parties. Review these agreements carefully to comprehend the extent of your legal relationship with the rideshare company.
Rideshare companies typically outline their policies regarding issues such as liability, insurance coverage, and dispute resolution in their terms of service. By accepting these terms, you’re acknowledging the legal framework within which the company operates and the obligations they have towards you as a user.
In the event of any legal disputes or incidents involving the rideshare service, your legal relationship with the company will be governed by the terms you agreed to.
Insurance Coverage Considerations
For adequate protection, you must understand the insurance coverage provided by rideshare companies.
When you’re involved in an accident while using a rideshare service, the insurance coverage can vary depending on the specific circumstances of the incident. Rideshare companies like Uber and Lyft typically provide insurance coverage that applies in different phases of the ride.
During the period when the driver is offline on the app, their insurance is in effect. Once the driver accepts a ride request and is en route to pick up the passenger, the rideshare company’s contingent liability coverage usually kicks in. This coverage increases significantly once the passenger is in the vehicle. If an accident occurs during this phase, the rideshare company’s commercial insurance policy is usually the primary coverage.
Factors Influencing Legal Action
Considering the circumstances of the accident, your decision to pursue legal action may be influenced by various factors.
The severity of your injuries and the impact they have on your daily life will play a significant role. If the accident resulted in substantial medical bills, ongoing treatment needs, or caused you to miss work, you may be more inclined to seek compensation.
Evidence such as witness statements, police reports, and any documentation from the rideshare company can strengthen your position in a legal dispute. The clarity of liability – whether the driver or the rideshare company is at fault – will also influence your decision.
Your state’s laws regarding liability and negligence in rideshare accidents can impact the outcome of legal action. Understand these laws and how they apply to your situation.
Your emotional readiness to engage in a legal battle and the potential time and costs involved should also be taken into consideration before deciding whether to pursue legal action against the driver or the rideshare company.
Potential Claims Against Both Parties
You may have valid legal claims against both the driver and the rideshare company for their respective roles in the accident.
The driver could be held responsible for negligent driving, such as speeding or running a red light. In this case, you could pursue a claim against the driver for their actions that led to the accident.
The rideshare company might also bear liability for the accident under certain circumstances. If the driver was working at the time of the accident and caused harm while performing their job duties, the rideshare company could be held vicariously liable. If the rideshare company failed to properly vet the driver or make sure that their vehicle was safe, they could be held directly liable for negligence in hiring or maintenance.
Conclusion
Rideshare services enhance transportation accessibility, but they simultaneously elevate the likelihood of accidents and injuries stemming from those accidents. Whether you decide to sue the driver or the rideshare company will depend on various factors.
Consult with a legal professional who can help you understand rideshare injury claims and determine the best course of action to seek compensation for your damages.
