Taking a Lyft for transportation is becoming a more common mode of transportation these days. It offers a convenient way to get to your destination if a family only has one vehicle or is getting repairs done on their car.
However, if you get into an accident while you are a passenger in a Lyft vehicle, it’s important to understand what your rights are for recovering the damages. If you’re unsure about the legal process when you’re in a Lyft accident, read on for more information.
Recoverable Damages from Injuries in a Lyft Accident
Injuries can happen whenever you get into a car wreck, whether it’s a Lyft ride or your own vehicle. Some of the injuries from an accident can be disabling or life-threatening. Even if you don’t have life-threatening injuries, you can endure quite a bit of suffering from a Lyft accident. Feeling out of control is natural after an accident in which you weren’t driving. However, you do have a remedy to recover damages for your injuries.
Which types of injuries can you expect in a Lyft accident? Some common ones that occur include:
- Whiplash or neck injuries
- Spinal cord damage
- Shoulder injuries
- Broken or fractured bones
- Head injuries, concussion, or traumatic brain injury
- Cuts, lacerations, burns, and bruises
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What to Do or Not Do After a Lyft Accident
If you are seriously injured after a Lyft accident, do not make any sudden movements. You don’t want to exacerbate your condition. Wait for the ambulance or other EMS to arrive to assist you with your injuries. If you feel like you are just moderately injured and moving around will not aggravate your condition, you can call for help if the driver has not already done so.
Be prepared to give a statement to the police if asked to do so. Since you were a witness to the accident, they may need you to provide information about what occurred. You can also jot down notes about what happened in case you need it for an attorney later.
After you get home from the accident, make sure to follow up with all medical appointments and keep a good record of your doctor appointments. Do not negotiate with any insurance companies or other third parties about the accident, and don’t sign any paperwork. It’s best to consult with an attorney so that you can ensure you are not getting the short end of the deal and your rights are protected.
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Negligence Rules in Louisiana
Negligence fault rules vary from state to state, but they are either contributory negligence or comparative negligence. Within comparative negligence, it may be pure comparative or modified comparative. Here is a brief description of the two main rules:
Contributory negligence rule: This rule is not as common. It doesn’t allow a driver to recover damages if they are at all at fault. The reason this isn’t as common is that in most instances both parties share responsibility.
Comparative negligence rule: This rule compares the percentage of fault each party shares. For example, one party might be 40 percent at fault, and the other party is 60 percent at fault. The plaintiff’s award is reduced by the amount of fault they had.
This rule varies. Many states allow the plaintiff to recover damages if they are up to 50 percent at fault. This is the modified comparative approach. The pure comparative approach states that a party can be up to 99 percent at fault and still recover. Louisiana uses CC Art. 2323, which is the pure comparative fault rule.
Since you were not the driver in the Lyft accident, you won’t be responsible or at fault; however, it is helpful to know which insurer is the one held responsible for damages.
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What Type of Insurance Do Lyft Drivers Have?
Lyft drivers are required to have their own personal insurance, and they also are covered by the Lyft company. However, the personal driver’s insurance usually won’t cover drivers when they are driving for money, which is the case with Lyft drivers.
The Lyft company will cover drivers and passengers up to a certain point and in certain situations. The driver must have the app in the “on” mode, which typically they would if they were working. Then the insurance coverage would be as follows:
- $1 million for third-party auto liability
- Uninsured/underinsured motorist bodily injury and/or first-party coverage
- Contingent comprehensive and collision up to the actual cash value of the car
Keep in mind that the amount of personal injury coverage may be different based on the location. In addition, your personal injury damages may exceed the coverage provided. It’s always helpful to have a Rayne Lyft accident lawyer to manage the situation for you.
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Do You Need a Lawyer?
A Rayne Lyft accident lawyer is a benefit when getting into an accident because they can ease the stress you’re likely dealing with. They know the legal system and how to negotiate firmly with any third parties involved.
When it comes to assessing and calculating the damages, a Rayne Lyft accident lawyer will not undersell your case. You can count on them to fight for a fair settlement.
Get Started with a Rayne Lyft Accident Lawyer
You can begin the process of recovering damages with a Rayne Lyft accident lawyer. At Laborde Earles Injury Lawyers, an attorney will assess your case for free and provide you with an evaluation of where you stand. You don’t have to pay any fees in advance because we will handle the case on a contingency arrangement.
Laborde Earles Injury Lawyers has helped many clients over the decades, collecting over $600 million in cash settlements and jury verdicts. Our attorneys have a combined 250 years of experience, making them a wise choice for assistance. You can relax, knowing your case is in capable hands. Call our office and schedule your appointment today.
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