Metairie’s proximity to New Orleans makes it a convenient spot to travel in and out of the French Quarter, visit local tourist attractions, and enjoy the south shore of Lake Pontchartrain. Both locals and newcomers use multiple means of travel to get around, one method being Uber or Lyft rides.
If you or a loved one was injured while riding in an Uber or Lyft vehicle, you might be eligible to file a personal injury lawsuit. Alternatively, if a ridesharing vehicle struck you, you might also qualify for compensation.
Laborde Earles Injury Lawyers can give you a free case evaluation today. A Metairie rideshare accident lawyer from our firm can work on your case and guide you on your legal journey.
Uber and Lyft Drivers Must Carry Auto Insurance
According to the Louisiana Department of Insurance (LDI), drivers who work for Transportation Network Companies (TNCs), such as Uber and Lyft, should carry their own auto insurance.
If your accident involved an Uber or Lyft driver who was not working at the time of the accident, you may pursue compensation through the driver’s personal car insurance policy, but you likely cannot pursue compensation from the rideshare company they work for.
When Uber and Lyft Will Cover Accidents
Louisiana law regulates TNCs. The insurance regulations for TNCs are written in the Louisiana Revised Statutes (RS) §45:201.6. These regulations apply to all rideshare companies, including Uber and Lyft.
These insurance regulations hold Uber and Lyft accountable for accidents when the driver was engaging with the app and waiting for a ride or actively giving a passenger a ride. Both companies may also be liable for accidents if the driver was:
- Waiting for a ride request, even if they were parked
- On their way to pick up a passenger
- Dropping off passengers at their destinations
Each rideshare company operating in Louisiana must have liability coverage that abides by state standards. This means they must have:
- $50,000 bodily injury coverage, including death, per person
- $100,000 bodily injury coverage, including death, per accident
- $25,000 property damage coverage
Depending on the situation, you might also be able to receive compensation if a third party or an uninsured motorist was involved in the accident.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Liability in Ridesharing Accidents
Injury victims often have questions about who may be liable for their ridesharing accident. Some ridesharing services like Uber and Lyft have insurance policies to cover any injuries or damage in an accident involving one of their drivers.
The way these insurance policies operate and how they are interpreted can vary. In some unfortunate situations, the ridesharing services may try to deny liability for the accident to avoid paying damages. This can create a triangle between you, the driver, and the ridesharing company.
You may also have a claim against a third party if there was someone else involved in the accident. Identifying all of the insurance policies involved and knowing who to pursue compensation from in a ridesharing accident can be complicated.
When it comes to asserting your rights, a Metairie ridesharing accident lawyer from Laborde Earles Injury Lawyers can help take a lot of the stress and guesswork out of the equation. Our team has experience dealing with auto insurance policies and determining who is liable for what. We are willing to pursue compensation from any parties who may be liable for your damages, even if that includes a major ridesharing corporation.
The defendants may try to argue that you were also negligent at the time of the crash. If a judge decides you were partially at fault for the accident, this could affect the amount of compensation you may be able to receive, per Louisiana Civil Code (CC) §2323.
Laborde Earles Injury Lawyers can collect evidence of the responsible party’s negligence in your ridesharing accident case when you hire us to work for you.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
How Much is My Rideshare Accident Lawsuit Worth?
Rideshare accident lawsuit amounts vary based on the circumstances of the case. The severity of your injuries and if they caused you any long-term pain or disability can play a role in the value of your claim.
Lost income, medical expenses, and pain and suffering are examples of damages you may recover in a lawsuit. There are a lot of variables at play when determining the value of a lawsuit. We can go over the details of your case and determine an estimated value during your free consultation.
We Can Help You Fight for Compensation
Your car accident lawyer may be able to help you fight for compensation for multiple types of damages. In addition to car repair and other property damage expenses, you might pursue damages related to your injuries, such as:
- Costs of medical treatment and prescription medications
- Copays for doctor’s appointments
- Costs of medical equipment
- Costs of surgeries and other extensive procedures
- Costs of ongoing and future medical care
While many people might believe the costs of their medical treatment and vehicle repairs are the only kind of damages they can claim, this may not be true. You may also be able to pursue damages for how the accident affected your ability to work. These types of damages may apply if:
- You had to wait for your vehicle to get repaired or replaced, so you could not travel to work.
- You had to pay for alternative means of travel, such as bus fares or rental car fees.
- You were injured severely enough that you had to take time off work and lost wages as a result.
- You lost your job because you could no longer work due to your injuries.
You might even pursue damages related to how the accident affected your life. These damages may apply if:
- You suffered emotional and physical pain because of the accident, which is referred to as “pain and suffering.”
- You lost your ability to enjoy hobbies, fun activities, and life in general because of your injuries.
- You lost your ability to live independently.
- Your injuries altered the dynamics in your relationship with others, such as a spouse or your family.
These are referred to as non-economic damages and are a difficult part of an injury claim because it is challenging to put a monetary value on these types of losses.
Laborde Earles Injury Lawyers can help you learn more about your legal options and what damages may be available to you.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
How to Show that Someone Was Negligent
If you pursue action against the driver, the ridesharing service, or another party involved in the accident, you will likely need to show that they acted negligently. To show that someone was negligent, you may have to establish four elements:
- Duty: You must show that the defendant owed you a duty to act with reasonable care and skill.
- Breach: You must show that the defendant’s conduct fell below this standard of reasonable care.
- Causation: You must show that you probably would not have been hurt if the defendant acted according to their duty.
- Damages: You must provide evidence of the damages you are claiming, such as medical bills and lost wages.
This process may sound straightforward, but proving each element of negligence may require a lot of work and diligent effort. You may need to speak with experts to consult on certain elements like causation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.Client
Steps to Take After a Ridesharing Accident
An accident of any kind can be scary and overwhelming. Directly after the accident, it is important to get out of traffic and make sure everyone involved in the accident is okay. After confirming your surroundings are safe, do the following:
- Call the police: If a car accident causes injury, death, or more than $500 in property damage, those involved must report the accident to the police, per RS 32:398.
- Get necessary medical treatment: Even if your injuries seem minor, they need to be documented.
- Gather information from those involved in the accident: This includes their name, contact information, and insurance information.
- Take pictures: Gather photographic evidence of everything that could be important at the accident scene, including the cars involved and damage to street signs or other property. Take pictures of anything that could be pertinent to the case.
- Take notes: Write down all of the details you remember from the accident as soon as possible. After time passes, it may be difficult to remember the exact details of what happened. Writing them down soon after the accident will be helpful if you move forward with a case.
Taking these steps after an accident can help you during your pursuit to receive financial compensation. Keeping track of any documentation related to the accident will be helpful to your attorney when investigating your case.
Common Reasons Ridesharing Accidents Happen
There are a few common reasons a ridesharing accident may take place. Some of them are regular dangers that any driver faces, while others are unique to the ridesharing system. These reasons include:
- Intoxicated driving or drugged driving
- Driver fatigue from long shifts
- Unsafe lane changes
- Dangerous road conditions
- Improper use of turn signals
- Failure to yield the right-of-way
- Distracted driving
Ridesharing drivers may be especially susceptible to distracted driving. These drivers have to pay attention to the app as they drive for many reasons. Whether it is following the map to their passenger’s destination efficiently or trying to line up their next fare, a rideshare driver’s attention may be spread thin. Some drivers may also attempt to engage with their passengers to increase their ratings.
Rideshare drivers also have to manage the dangers associated with picking up passengers. If a driver does not pay careful attention to traffic, pedestrians, street signs, and more, they may cause an accident while picking up their next passenger.
You Do Not Have Much Time to File a Lawsuit
If you intend to file a personal injury lawsuit against the Uber or Lyft driver, the ridesharing company, or another at-fault party in your case, you must do so within the statute of limitations in Louisiana.
Louisiana Civil Code (CC) §3492 dictates that plaintiffs generally must file their case within one year of the accident. If a plaintiff does not file their case by this deadline, they might be unable to compel the at-fault party to pay for their damages.
Your Metairie Uber and Lyft rideshare accident lawyer can let you know when the filing deadline is coming up for your case, based on the date written in the official crash report.
Our Attorneys Will Advocate for Your Rights to Receive Compensation
At Laborde Earles Injury Lawyers, we work hard to help our clients receive fair compensation for their claims. If you hire us to represent you, you can count on:
- A staff member from our firm being available 24 hours a day, 7 days a week. Whether you have a question that needs to be answered or need a status update, we will always be here for you
- Receiving a free consultation to determine if you have a case. We will also answer your questions and give you a timeline for your case.
- Not being charged any fees for our services until we have won your case. Because of this, there is no risk to our clients to file a lawsuit.
Call us today so we can start working on your rideshare accident claim. We go above and beyond for our clients to make sure you and your family are taken care of.
Call Laborde Earles Injury Lawyers Today and Tell Us About Your Case
Whether you were inside or outside of the rideshare vehicle, you might be entitled to receive compensation if you were injured in an Uber or Lyft accident. Still unsure if your case qualifies for a personal injury claim or lawsuit? Contact Laborde Earles Injury Lawyers and let a member of our team know what challenges you have been facing since you got injured in the accident.
Accident cases involving Uber and Lyft vehicles can get complicated. Take the stress of dealing with the legal process off your shoulders and hire a Metairie Uber and Lyft rideshare accident lawyer from our firm to manage your case for you. The first consultation is free, and you do not have to pay any attorney’s fees unless we win your case.