Your quality of life is likely to worsen after sustaining an injury in a rideshare accident. You may endure hefty medical bills, physical and emotional injuries, and lost productivity. If the at-fault party fails to cater to your losses, you may be confused about the next steps.
If injured in a rideshare accident caused by reckless driving, it is possible to pursue legal action. If the rideshare driver or another third party caused the accident, you can litigate the matter in court.
Many rideshare cases are complex because they sometimes involve multiple insurance companies and several liable parties. Further, suing the liable party is time-consuming and requires legal knowledge, necessitating the input of a lawyer.
A Phoenix rideshare accident attorney can provide legal support as you sue the liable party in court.
Is the Rideshare Driver Liable for the Accident?
Yes. Different parties, including the rideshare driver, may be liable for a rideshare accident.
Just like any other driver on the road, rideshare drivers have a duty to drive responsibly and follow all traffic laws.
If a rideshare driver engages in reckless driving behaviors such as speeding, distracted driving, or driving under the influence, they can be held accountable for any resulting accidents and injuries.
Rideshare companies like Uber and Lyft should maintain auto insurance plans that cover their drivers and passengers in the event of an accident. However, these policies may have limitations and coverage gaps depending on the specific circumstances of the accident.
In most cases, rideshare companies provide cover drivers for accident-related losses from the moment they accept a trip until it ends. In case of an accident, the ridesharing company covers both the passenger and the driver.
Most ridesharing companies do not cover drivers who are not actively seeking or engaged in a ride. That's why injured victims of rideshare accidents should consult with a knowledgeable rideshare attorney who understands the applicable laws in case of a crash.
A rideshare lawyer can look at the police accident report, hire an expert, and use a medical report to determine if the rideshare driver is liable for your losses. They can also file an insurance claim against the at-fault party.
Proving Negligence in a Rideshare Accident Case
Negligence in a rideshare crash is the failure of a ridesharing company, driver, or any other party to exercise reasonable care, leading to an accident or injury. As an injured party, you must demonstrate negligence by the liable party to obtain damages for your losses.
You must prove these four elements to establish negligence in a rideshare accident:
Duty of Care
You must first demonstrate that the driver had a duty of care towards you. In the case of rideshare drivers, they owe a duty of care to their passengers and other road users. This duty of care means they must operate their vehicle responsibly, follow traffic laws, and take reasonable measures to ensure everyone's safety.
Breach of Duty
Next, you must demonstrate that the driver breached their duty of care. This can be done by providing evidence that shows the driver acted recklessly or negligently while operating the vehicle.
With the help of a rideshare lawyer, you can prove the liable driver operated with excessive speed, ran red lights, changed lanes without signaling, or drove under the influence of drugs or alcohol.
Causation
After demonstrating a breach of duty, you must show that the driver's actions directly caused the accident and your injuries. This can be done by gathering evidence such as eyewitness testimonies, police reports, video footage, or medical records.
An experienced rideshare accident attorney can establish a clear link between reckless driving behavior and the resulting accident.
Damages
Lastly, you must demonstrate the losses you incurred due to the accident. Examples of damages associated with rideshare accidents include lost income, medical expenses, reduced quality of life, lost earnings, pain and suffering, or wrongful death.
A rideshare accident lawyer can gather medical records, bills, and other relevant documents that can substantiate the extent of your damages.
Providing negligence requires someone with legal knowledge and experience, which is why the input of a rideshare attorney comes in handy. An attorney has the skills to evaluate the circumstances of your crash, determine liability, and fight for the compensation you deserve.
Potential Damages in a Rideshare Accident Lawsuit
You have the right to pursue compensation from the at-fault party after sustaining an injury in a rideshare accident. A rideshare accident lawyer can file a lawsuit on your behalf if the at-fault party's insurer declines your personal injury claim.
The role of compensation is to reinstate your position before the rideshare accident.
Here are some of the damages that you can potentially include in your claims:
Medical Expenses
Medical expenses can quickly add up after a rideshare accident. These include hospitalization charges, physician bills, surgical fees, medication costs, physical therapy, and specialized supplies and medications.
You should document all your medical expenses to receive a fair settlement value.
Lost Income
You may be eligible to recover lost income if you cannot resume your work after a rideshare accident. Under this category, you should receive compensation for current and future lost income or earning potential.
A rideshare accident attorney can prove your losses by gathering various documents, including bank statements, tax returns, pay stubs, or a letter from your employer confirming missed work due to injury.
Emotional Anguish
Victims of rideshare accidents often endure worsening mental health due to the events leading to the crash. You may experience anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD) as a result of the accident.
Learning you’ll be permanently injured can also trigger emotional anguish. An injured victim deserves compensation for the emotional distress associated with their injury.
Pain and Suffering
Physical pain and suffering are common consequences of a rideshare accident. This includes the immediate pain caused by the accident as well as any ongoing discomfort or chronic pain. A rideshare lawyer can calculate a fair amount for pain and suffering based on the severity of your injuries.
Loss of Consortium
If you suffer injuries that affect your relationship with your spouse or partner, you may be eligible to claim damages for loss of consortium. This can include loss of companionship, affection, and intimacy.
Loss of Enjoyment of Life
A rideshare accident can result in significant lifestyle changes, preventing you from participating in activities you once enjoyed.
Suppose a spinal cord injury as a result of a rideshare accident prevents you from participating in soccer, your favorite sport. In that case, you deserve compensation for the loss of enjoyment of life.
Punitive Damages
The judge or jury may award you punitive damages if your case goes to trial. These are meant to punish the at-fault party for their reckless or negligent behavior. A judge may also award punitive damages to prevent the defendant and others from engaging in similar actions that contributed to the crash.
A rideshare accident attorney has the knowledge and experience to pursue all the applicable damages for your case.
Who Is Liable in a Rideshare Accident?
A rideshare accident is as complex as the multiple parties who may be liable for the damages. Establishing the liable party is the first step in receiving compensation for your losses.
In the case of a rideshare accident caused by reckless driving, the following parties may be held liable:
Rideshare Driver
Rideshare drivers can be liable for accidents if they drive negligently or recklessly. This can include behaviors such as speeding, distracted driving, or driving under the influence.
A rideshare accident attorney can initiate a lawsuit against a negligent driver whose actions resulted in the accident or injuries.
Rideshare Company
The rideshare company may also be held liable for a rideshare accident caused by reckless driving. Ridesharing companies like Uber or Lyft are responsible for screening drivers for character and competence.
A rideshare accident lawyer can investigate and prove that a company failed to screen or train its drivers. The rideshare company may also be liable if it was aware of a driver’s reckless behavior but failed to take action.
Other Motorists
In some cases, other motorists on the road may also be liable for a rideshare accident caused by reckless driving. If another driver's negligence or reckless behavior contributed to the accident, they might share liability with the rideshare driver or company.
A rideshare accident attorney can rely on a police accident report, images of the scene, or traffic camera footage to establish negligence by the other driver.
Third-Party
In certain situations, a third party may be liable for a rideshare accident caused by reckless driving. This can include auto manufacturers if a vehicle defect or malfunction played a role in the accident.
A rideshare attorney can prove that a defect in the vehicle directly contributed to the accident or worsened the injuries. In other instances, a road maintenance authority may be liable for a rideshare accident if their negligence contributed to it.
Determining liability in a rideshare accident caused by reckless driving requires thorough investigations and solid evidence. You can consult a rideshare accident attorney about demonstrating fault and holding the liable party accountable.
Steps to Take After a Rideshare Accident Caused by Reckless Driving
While the aftermath of a rideshare accident is a painful and overwhelming experience, your actions can enhance recovery and protect your rights. For instance, documenting your injury makes it easy to file an insurance claim.
Here are the steps you should take after a rideshare accident caused by reckless driving:
Seek Medical Attention
Your health and safety should always be the top priority after an accident. Consult a physician even if you feel you’ve sustained a minor injury. An examination by a doctor can reveal some injuries whose symptoms are not immediately apparent after an accident.
Seek treatment as soon after the accident because an insurer can use the delay to question the severity of your injury. A health provider will document the injury and initiate a treatment plan.
Gather Accident-Related Information
While you may be entitled to compensation after a rideshare accident, you must establish liability. Accident-related information can provide hints about who caused the accident.
Take photographs of the accident scene, including damage to the vehicles involved, skid marks, and vehicle debris.
If there are any witnesses, obtain their contact information, as their statements may support your claim. Make sure to record the accident's date, time, and location, as well as the weather or road conditions at the time of the crash.
Alert the Police About the Accident
Inform the local police department about the rideshare accident. When the police arrive, they will generate a police accident report. A rideshare attorney can rely on the findings to initiate a claim.
Cooperate with the police officers by giving them a detailed account of the accident.
Get in Touch With an Experienced Rideshare Accident Attorney
Always consult with a skilled rideshare accident attorney who can guide you through the legal process and advocate for your rights.
They will investigate the cause of the crash, gather evidence, negotiate with insurance companies, and represent you in court. An experienced lawyer may also provide legal support so you can make the right decisions throughout the court or claim process.
Injured in a Rideshare Crash? Get the Compensation You Deserve
You have the right to compensation if you or a loved one has sustained an injury in a rideshare crash. However, you should take appropriate action, including seeking medical attention or filing a police report to protect your rights as an injured victim.
Working with a skilled attorney can make a huge difference as you seek compensation for your injury-related losses. A Phoenix personal injury lawyer understands the applicable laws and will protect your interest in the claim.
They will thoroughly investigate the accident, gather evidence, and build a strong case to support your claim. A lawyer can litigate on your behalf whether the accident was due to a driver's recklessness or a negligent road authority.
Get in touch with a rideshare attorney to understand your legal options.