Ridesharing allows more than one passenger to split the cost of traveling to a destination. Companies like Uber and Lyft have popularized this alternative method of travel. However, like any other driver on the road, rideshare drivers also can get into car accidents.
As a passenger receiving a ride from someone else, you might not know what to do after getting involved in a ridesharing accident. In addition, if you sustain injuries, you might not know who is responsible for paying for your injuries. An Abbeville ridesharing accident lawyer from Laborde Earles Injury Lawyers could help you navigate the complexities of these cases. We offer free, no-obligation initial consultations to discuss your situation.
Liability in Rideshare Accidents Depends on the Driver’s Status
- If the driver was logged off the app: The rideshare driver must use their automobile insurance policy to cover the accident, as Uber and Lyft consider them not working if they are not actively logged into the app.
- If the driver was logged on and waiting for a ride request: The rideshare company may step in to cover the accident if the driver’s insurance policy doesn’t cover the accident. Both Uber and Lyft follow minimum policy requirements for bodily injury and property damage in these cases.
- If the driver was logged on and actively transporting a passenger: The rideshare company may hold liability and cover the accident through third-party liability coverage. They may also cover accidents involving uninsured or underinsured drivers and provide contingent comprehensive and collision coverage.
Suppose you don’t know who to pursue for compensation. In that case, you may want to consider hiring an Abbeville car accident lawyer to confirm whether you can hold the rideshare company responsible for your accident. They can review your case to identify the liable parties and calculate how much compensation you could collect.
For a free legal consultation with a ridesharing accident lawyer serving Abbeville, call (337) 777-7777
What to Do After a Ridesharing Accident
The steps you take after a ridesharing accident may affect the outcome of your case. After a ridesharing accident, you should do the following if you have not done so already.
Seek Medical Assistance
You might not know you have an injury until a few days or weeks after the accident occurred. Many people who experience bodily trauma in accidents go through an adrenaline shock, which can numb the pain and other symptoms of injuries.
By seeing a physician after an accident, you can document the correlation between any injuries you develop and the accident in your medical records. Then, you can use this information as evidence for your case.
Gather Information About the Accident
After an accident, you will want to gather as much information as you can:
- Take photos or videos of the accident scene
- Speak to any witnesses of the ridesharing accident
- Get contact, driver’s license, and insurance information from the rideshare driver and other involved drivers
If you couldn’t collect any information due to your injuries at the time of the accident, your lawyer could help you gather information after reviewing your case. They might request a copy of the crash report from the Abbeville police department.
Notify the Insurance Company About the Accident
You will need to notify your insurance company about the accident, so you will need insurance information from all parties involved. In addition, drivers involved in the accident should give you information about their insurance companies, as required by law.
However, if a driver does not have insurance, you may still be able to receive compensation by filing a claim through your auto insurance policy.
Refrain from Speaking About the Accident
While pursuing your case, refrain from speaking about the accident to anyone other than your attorney. In addition, you should avoid posting about the accident on your social media, website, blog, YouTube, and other video streaming websites.
If an insurance company reaches out for a statement about the accident, you can refer the adjuster to your lawyer. Because Louisiana law allows for comparative negligence, insurance companies may use your words in an attempt to place partial liability on you or deny you any coverage. Referring insurance adjusters to your lawyer might protect your case from these tactics.
Abbeville Ridesharing Accident Lawyer Near Me (337) 777-7777
A Ridesharing Accident Lawyer From Our Firm Can Build Your Case
A ridesharing lawyer from Laborde Earles Injury Lawyers can help you build your case. Among other things, the lawyer may:
- Advise you on your legal options
- Begin the litigation process, including filing paperwork on your behalf
- Conduct a separate investigation into your accident to identify liable parties, including those not at the accident scene (e.g., vehicle manufacturers or maintenance companies)
- Speak with involved parties on your behalf (e.g., insurance companies, defense attorneys, or private investigators)
- Collect evidence on your behalf
- Contact witnesses for their testimonies
- Attend settlement meetings
- Represent you in court
Multiple Parties May Be Liable for a Ridesharing Accident
Several parties may be liable depending on who was involved in the accident and if the rideshare driver was working. The exact cause of the accident may also determine which party is at fault.
The Rideshare Driver
The driver might hold liability if their behavior or negligence caused the accident. A driver has a duty of care to passengers and other drivers. For example, they must follow traffic rules to avoid causing harm to others on the road. Rideshare drivers also have an additional duty to provide safe services to passengers who use the ridesharing app to get transportation.
When a driver breaches their duty of care, they may be held liable for any injuries or property damage they cause.
The Ridesharing Company
The ridesharing company may be held liable for an accident if the driver was working at the time of the accident. For example, if the driver was actively using the ridesharing app to pick up, transport, or drop off passengers when the crash occurred, you could file a claim against the ridesharing company.
Other Third Parties
Other third parties, such as drivers, pedestrians, and bicyclists, may also be at fault for a ridesharing accident. For example, if another driver’s negligence led to them colliding with your Uber, you could pursue a personal injury claim against them.
The Vehicle Manufacturer
Defective vehicle design or components put drivers and passengers at risk. In addition, a mechanic or auto shop that recently did a faulty repair or maintenance job on the car may also be held liable if their work caused the vehicle to malfunction, leading to an accident.
An Abbeville ridesharing accident lawyer can review your accident to determine liability for your accident.
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You Might Still Get Compensation Even if the Liable Party Is Not Insured
Louisiana requires all insurance policies to include uninsured motorist coverage, per RS 32:866. You could get compensated even if the liable party has no insurance through this coverage. In such a case, your insurance company may cover the cost of your injuries. Your lawyer can help you seek compensation from your insurance company.
Louisiana Follows Comparative Negligence Laws for Accident Cases
Even if you were partially responsible in a ridesharing accident case, you might still qualify to recover compensation. Your lawyer could use the comparative fault system to your advantage since the comparative fault system helps you seek compensation even if you are partially liable for the accident.
According to CC Art. 2323, plaintiffs may still recover compensation even if they hold partial liability. However, their award will get reduced by the percentage of fault they have. So, for example, if you were deemed 25 percent at fault for the accident, your compensation award would be reduced by 25 percent.
Call Laborde Earles Injury Lawyers Today About Your Ridesharing Accident
Ridesharing accidents can be more complicated than accidents involving two motorists since multiple parties and insurance policies might be involved.
An Abbeville ridesharing accident lawyer from Laborde Earles Injury Lawyers can help you with your case. Call our team at (337) 777-7777 to speak with a member of our team for a free case evaluation.