It is within your rights to sue a rideshare driver if you get into an accident because of them. Their insurance will compensate you for the injuries. If the settlement is not fair, you can file a personal injury case against the driver to recover fair damage.
The legal principles touching on these cases are quite complex. But if you take your time to understand their operations, you may build a strong case. Here is what a Terrytown rideshare accident lawyer needs you to know about rideshare accidents.
What to Do After Rideshare Accident
The actions that you take after an accident can make or break your case. To increase the chances of securing fair compensation, you should follow steps that preserve your legal rights. They include:
- Seeking medical attention: Ensure that you contact the nearest health facility for medical assistance after the accident. You may check on the other people to confirm if they are in a stable condition after the crash. Medics will tend to your injuries and document them for future use.
- Calling the police: You ought to file a report with the police if a crash results in injuries. This is according to the state’s law. You must report an accident if there is property damage worth more than $500. Call the police after an accident even if you are unsure the crash has met these thresholds.
- Record witness statements: Witness accounts of what transpired before and during the accident may be invaluable to your case. Credible witness information may assist in finding the at-fault party.
- Photograph the accident scene: Take pictures of your injuries and the property damage resulting from the accident. Make sure to photograph the accident scene when it is still undisturbed.
- Talk to an attorney (optional): You can contact a Terrytown rideshare accident lawyer if you need help with your case.
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.
ClientCauses of Rideshare Accidents
Rideshare drivers cause accidents because of the same reasons that affect motorists. But their work environment makes them prone to additional risks. Many rideshare drivers often suffer from fatigue because of driving for long hours. Some of these drivers also hold other jobs which can increase their fatigue.
It is worthy to note that these drivers rely on smartphones to perform their duty. Smartphones assist them to navigate unfamiliar areas and arrange for pick-ups and drop-offs. That is the bright side of these gadgets. Their dark side is they create an environment for distracted driving that sometimes leads to accidents.
Other contributors to rideshare crashes include:
- Faulty road designs or construction
- Malfunctioning of some car parts while driving
- Driving under the influence in extreme cases
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 | ClientProving Liability in a Rideshare Accident
The cause of the rideshare accident will assist in finding the at-fault party in the case. Identifying the cause of an accident requires comprehensive investigations. The investigation will involve visiting the accident scene, analyzing camera footage of the accident, and working with an accident reconstructionist.
After confirming the cause of the accident, you will have to prove liability on the part of the suspect. This entails showing that the suspect had a duty of care towards you, breached it, and the breach caused the accident. You will also need to demonstrate you suffered injuries because of the breach.
Who Will Be Responsible for Paying the Damages?
The party responsible for compensating you is dependent on the status of the driver before the accident. Drivers will compensate you using their insurance if they injure you while their ridesharing app is off. Rideshare companies consider drivers who switch off their app to be off duty. The law expects these drivers to have at least the minimum liability coverage to compensate crash victims under this circumstance.
Ridesharing companies have an insurance policy to compensate crash victims who get into an accident with their drivers who are on duty. The coverage amount will vary depending on whether the driver was waiting for the request or had a passenger on board. Rideshare companies offer more in compensation for the latter scenario.
It is rare for drivers to drive around without insurance. If you happen to get into an accident with a driver who lacks insurance, call your insurance company. You may receive compensation from the uninsured motorist coverage.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientTime Is Not on Your Side
You need to file claims within two years after the accident for you to recover damages. This is according to the statute of limitation for car accidents in Terrytown. The court may allow you to file claims after the expiry of this period in some cases.
For instance, if you were a minor when the accident occurred. The law gives you up to two years after you attain the legal age to file for claims. Discovering injuries relating to the accident later after the statute kicks in makes you eligible for an exception.
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.
ClientDamages You Can Recover
Insurance companies for the rideshare driver will demand documentation of your claims alongside a demand letter before they offer a settlement. The demand letter states the amount in compensation you expect from them. The damages recoverable include:
- Expenses of repairing/replacing damaged property
- Lost income arising from missing work to treat the injuries
- Future lost income in case of the injuries force you out of work
- Medical expenses to cover both current and future needs
- Loss of consortium
If the insurance company disagrees with your demands, you can take the case to trial. A jury will consider submissions from both parties and determine the fair settlement. The strength of the evidence you present will be integral in the determination of the damages.
Call Laborde Earles Injury Lawyers for Legal Help
Recovering damages from a rideshare driver can be difficult. It takes skill to investigate the cause of an accident and prove that a party was liable. Work with a Terrytown rideshare accident lawyer if you or your loved one got injured in a rideshare case. Call Laborde Earles Injury Lawyers today for a case consultation.
