One of the most in-demand ways to travel around Henderson today is a Lyft rideshare. Whether locals or tourists, people love the convenience of booking their ride through their cellphones, not to mention it’s impressively cheaper than taxi services.
The problem begins when rideshare drivers lack special training and experience on the road – and many do – leading to more accidents around Louisiana. Furthermore, rideshares are complex by nature, and liability almost feels like a gray area for the multiple parties involved. A Henderson Lyft accident lawyer from our firm can clear the picture so you may file a successful claim.
Rideshare Services — A Legal Perspective
A rideshare company is defined as a transportation network company (TNC) or a company that provides an app for drivers and passengers to communicate.
When an app or platform is used as a ridesharing service, establishing liability in an accident can be confusing because of the multiple parties involved — the rideshare company, the insurance company, and the driver, whose engagement with the app even adds nuances that impact the issue of liability.
In any case, those who are injured in a rideshare accident may seek compensation, whether as a rideshare passenger, a driver in collision with a rideshare vehicle currently carrying a passenger, or a pedestrian hit by a rideshare vehicle.
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Henderson Lyft Accidents — Who’s Liable?
Liability in a rideshare accident in Henderson is established by the circumstances surrounding the incident and how they affect whose insurance should cover the damages. For instance, if the claimant (you) was a passenger of the rideshare vehicle during the accident, the rideshare company’s insurance applies if the app was on.
If the claimant was in a vehicle in collision with a rideshare car that carried passengers, the rideshare company’s insurance will provide the coverage if, again, the app was on.
Suppose the claimant was a pedestrian hit by the rideshare driver who was on their way to fetch passengers. In that case, the rideshare company’s insurance is still applicable unless the driver’s car policy is greater in coverage.
If the accident happened when the driver had no passengers in the vehicle or had passengers but was not engaged with the app in any way, the driver’s car insurance would take effect. Louisiana is an at-fault state, so the responsible driver’s insurance will cover damages and other claims for expenses incurred due to the accident.
Comparative Fault
Additionally, Louisiana follows the doctrine of comparative fault, which means insurance companies will pay the driver according to the extent of their contribution to the accident.
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Common Rideshare Injuries
Injuries from a car accident are common and unavoidable. The same is true for rideshare accidents, and common injuries include:
- Broken bones
- Head injuries
- Neck and spine injuries
- Cuts and scrapes
Following a rideshare accident, you need to seek medical attention, either from the EMS that arrives on the accident scene, ER, or your general physician. Their report and treatment of your injuries will strengthen your case while protecting your health. You and your health are the priority after a rideshare accident.
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Recoverable Damages from a St. Martin Parish Lyft Accident
In Louisiana, a Lyft accident victim can recover damages for medical expenses, lost wages and/or reduced ability to earn, property damage, pain and suffering, and disfigurement. Of course, these claims will only hold weight when negligence and liability have been established. If the responsible party’s insurer denies the claim or is not willing to negotiate a fair settlement, you can file a lawsuit and prove their case in court.
In most cases, though, Lyft and other rideshare accident claims are settled without going to trial, given it is the less expensive option and allows everyone to maintain privacy. Once a lawsuit is filed, the matter automatically becomes public, which is something rideshare companies will particularly want to avoid.
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Deadlines in Louisiana
Louisiana’s statute of limitations for car accident cases is one year, which simply means Lyft and other rideshare accident victims have that period to file a lawsuit counting from the date of the accident. Filing a case beyond the statute of limitations is often futile as the defendant is sure to point this out to the court, which will, in turn, dismiss the case.
There are, however, instances where an extension may be granted, but these are extremely rare and are limited to special cases such as those involving mentally ill persons.
Hiring a Henderson Lyft Accident Lawyer From Our Firm
For people who’ve had a rideshare accident in Henderson or anywhere in the world, hiring a lawyer is helpful for several reasons. A lawyer is a professional who will know how to build a rock-solid case from the circumstances at hand. An attorney from our firm will also anticipate and successfully dodge attempts by insurers to reduce the compensation.
As profit-oriented entities, these companies are notorious for crushing payouts unless a lawyer is looking out for the accident victim’s rights and interests. Our attorney will know how much compensation should be awarded to the victim based on their loss and will fight for it.
One thing that intimidates people about hiring a legal advocate is the cost. For our personal injury attorneys and their services, there are no upfront fees. Your Henderson Lyft accident lawyer is only paid after the case is won or settled. This is known as a contingency arrangement where the attorney gets between 33% and 40% of the final compensation award as payment for their services.
Our Lawyers Have You Covered After a Henderson Lyft Accident
If you’ve been injured in a Lyft accident, talk to us at Laborde Earles Injury Lawyers. We will hear you out for an initial consultation for free. If you can trust more than a hundred years of combined personal injury experience, you can trust us to get you the compensation you rightfully deserve.
In total, we have earned our clients millions, and we believe we can help you following your Lyft accident.
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24 hours a day • 7 days a week
