If you sustain injuries while using a rideshare service, do not hesitate to file a claim. The at-fault party’s insurance will compensate you for the injuries. But you will need to prove liability first before you can access damages.
The cause of a rideshare accident will have a major impact on identifying the at-fault party. A thorough investigation into the cause of an accident should be conducted before filing a claim. You do not want to file claims against a party who had nothing to do with the accident. Here is what an Avoyelles Parish rideshare accident lawyer needs you to know.
Possible Causes of Rideshare Accidents
When using a rideshare service, you will notice that drivers rely on their smartphones. These gadgets help them to navigate around the city. Drivers also use them to track passenger requests. But these gadgets are also a source of distraction. Multi-tasking while driving can force you into an accident in a split second. Distracted driving is a good ground for proving a rideshare driver was liable for an accident.
Sometimes, rideshare drivers may get into an accident because of reasons beyond their control. Faulty road designs or poor road construction practices may cause an accident. Malfunctioning parts of a vehicle can also force a rideshare car to cause an accident. It would be wise to file a civil lawsuit against the state or the manufacturer under such circumstances.
Aside from the above causes, other common potential contributors to rideshare accidents include:
- Failure of the driver to yield
- Tailgating
- Drivers who drive under fatigue
- Traffic violations (like ignoring road signs)
- Driving under the influence (DUI)
Who Bears Responsibility for the Rideshare Accident?
Louisiana follows a fault-based system in deciding who bears responsibility for an accident. This implies that the person who causes the accident will have to pay for the damages. Although, if you sustain injuries while using rideshare services, various parties may be responsible for the accident.
The driver shall bear responsibility if investigations confirm they caused the accident. For example, they failed to observe the state’s traffic guidelines. The driver of another motor vehicle in the accident could be responsible if their actions led to the accident.
The state shall bear responsibility for your injuries if a rideshare vehicle gets into an accident because of poor road designs or construction. The manufacturer of a rideshare vehicle would have to pay for your damages if faults in the vehicle’s original components contributed to the accident.
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Rideshare Companies Have Insurance Coverage for Accident Victims
Rideshare companies will be responsible for compensating you if you prove that their driver caused the accident. The amount of compensation available to accident victims depends on the driver’s status during an accident. You should expect to get compensation from the insurer that covers passengers who sustain injuries when their driver gets into an accident.
The rideshare insurance policy has a disclaimer. It only applies in situations where a rideshare driver gets into an accident when their app is on. Suppose a rideshare driver picks you up while their app is off and they get into an accident, then the rideshare company will not be liable. The best way to get compensation in this situation is to file claims against the driver’s insurance coverage.
Rideshare Companies Will Try to Avoid Liability
Recognize that every time rideshare companies pay accident victims compensation, their bottom line suffers. This goes against the companies’ goal of making a profit for their shareholders. Rideshare companies, therefore, will try as much as they can to minimize or eliminate the need for paying settlements.
One of the tactics rideshare insurance companies deploy is contacting accident victims earlier on after the incident. The company will offer you a low settlement as they know you are still in trauma at this point. Rideshare insurance companies will try to paint the settlement offer as the best you will get. Do not fall into that trap even if you are incurring high expenses treating your injuries at that point.
When the first tactic fails, the insurance companies could resort to denying or shifting liability. The companies will find a convenient scapegoat to blame for your injuries. They might even use you as that scapegoat. Get in touch with our Avoyelles Parish rideshare accident lawyer if you find yourself in this situation.
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You Could Still Recover Damages Even If You Contributed to the Accident
Let us assume that you were using a rideshare service and then got into an accident. Investigations into the accident reveal that the cause was distracted driving. Further investigations reveal that you had a role in causing the distraction that caused the accident. Do not worry. Proceed and file claims against the rideshare company.
The doctrine of comparative fault (CC Art. 2323) will apply during the determination of your case. The court will consider the percentage contributed by each party to the accident. Then it will award damages based on your role in the accident. If, for instance, you contributed 20% of the fault in causing the accident, the court shall reduce your compensation amount by the same percentage.
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The Statute of Limitation
The statute of limitation (CC Art. 3492) stipulates the duration you must file a claim for damages. The at-fault party becomes innocent once this period elapses and nobody files a claim for the accident against them.
In Louisiana, you have a year to file a claim after a rideshare accident. This starts from the accident date. In some cases, it will begin after you first notice that you sustained injuries from the accident. But you must prove that you took steps to check for your injuries within a reasonable period after the accident.
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Legal Help Is a Phone Call Away
Filing a successful claim after a rideshare accident takes a lot of effort. You have to determine the correct cause of the accident and the right party to sue. This requires investigative and analytical work, and our Avoyelles Parish rideshare accident lawyers could help. If you were using a rideshare service and you were in an accident, contact Laborde Earles Injury Lawyers for a case review.
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