When you are involved in an Uber or Lyft accident, there are grounds for making a legal claim against the driver or the company. Whether you are a pedestrian facing life with catastrophic injuries, or a passenger with negatively impacted mental health, or even a family seeking out justice after a wrongful death occurred, everything is worth discussing and exploring. At Karns & Karns Personal Injury and Accident Attorneys, we are accident injury lawyers with the right experience to help you find the right path to resolution. Our advice below talks about how to file a successful rideshare accident claim, and what you need to do to get things in motion.
What Counts as a Rideshare?
When you think about rideshares, the big companies like Uber and Lyft first spring to mind. This is exactly right, and these are the main businesses that offer this type of service around the country. There are, in fact, around hundreds of fatalities attributed to Uber and Lyft drivers every year and the number is only set to rise as the service grows in both popularity and reputation. While there is always a risk of an accident happening when you get into a vehicle, there should be a granted peace of mind that a professional driver will keep you safe.
What Happens When You Are a Victim of a Rideshare Accident?
There are three different types of rideshare accident that are eligible for this sort of claim. Firstly, pedestrians who have been hit by a vehicle. Secondly, passengers who were in the car at the time a road incident took place and lastly, a family member of a loved one who died as a direct result of rideshare driver negligence. In all of these cases, there are certain steps that must be taken in order to validate the process and steer things in the right direction.
Passengers, Pedestrians and Other Vehicles
If you were a passenger in an Uber or Lyft, a pedestrian hit by an Uber or Lyft, or in another vehicle hit by an Uber or Lyft, it is vital to check for injuries and seek medical attention immediately after the accident happens. This will mean calling 911 and speaking with a police officer and ambulance crew at the scene. If you feel able to, always get as much evidence as you can at the time, like photographs, witness details, and driver details too. Everything counts here, so do take note of weather conditions, locations, the appearance of the driver, and so on.
Wrongful Death Claims
These are slightly different because the victim is no longer with you, and you are filing a claim as an heir to the decedent or a personal representative of their estate. These circumstances are highly emotive and there is a lot at stake in a different way to the cases above. This will all be explained by your wrongful death lawyer. However, it is still important to work with the facts and present emotions when the time is right.
Who You Can Claim Against
Before you start a claim, there must be a decision about who you are filing against. Three options are presented here, and you may have an idea in mind already to present to your vehicle accident lawyer.
The Driver
If you want to create a lawsuit opposing the rideshare driver, this is possible if they were not officially on shift when the incident took place. Every employee of Uber or Lyft etc., must ensure that there is an adequate insurance policy in place for the times when they are not on the app. Generally speaking, if the driver is not actively on the Uber or Lyft app then the lawsuit will be against the driver as an individual and not the company. Make sure you get the facts about whether they were on company time when the accident happened, their license and name, and insurance details too. These will be important.
The Company
However, if the accident takes place while the driver is officially on the Uber or Lyft app, then it is the company who may be liable for the potential damages and compensation. This can be proven by accessing app data, which are all recorded for legal purposes. If you were a passenger, or the driver is on their way to picking up a passenger, or seeking a pickup, then this is concrete evidence and will facilitate a claim against Uber or Lyft.
Other Road Users
Lastly, it may be the case that another road user caused the accident. If that is true, it will be the at fault driver that you need to pursue the case against.
Finding Out Who Is Liable
Determining liability always comes with challenges, even when the evidence is hard to dispute. You can do the following to help the process along.
Gather the Facts
As with any lawsuit, the facts are the thing that move everything forward. If you have photographs, medical records and witness statements these are all useful and should be presented.
Start the Claims Process
Begin the claims process with all of your evidence and a clear picture of who you are filing against. This will make all the things to come more accessible and lead to a hopefully better outcome for you or your loved one.
Can It Be Done?
The straightforward answer is yes, it can and has been done successfully. A claim, where there is sufficient evidence to support what the victim is saying as the truth, will be filed successfully and see a positive outcome. There have been many cases where passengers, pedestrians and families of lost loved ones have found justice where justice is due.
Why Karns & Karns Personal Injury and Accident Attorneys Can Help
At Karns & Karns Personal Injury and Accident Attorneys, we are accomplished rideshare accident lawyers who can support you in making a claim against any and all rideshare companies. Having an experienced attorney by your side makes sense in so many ways because they are the professional with all the skills and knowledge to bring justice to your cause, and that is why you are here.
Filing a successful rideshare accident claim is possible if you have the facts, determination, and an experienced attorney by your side. Being a victim of something like this is life changing for a multitude of reasons, and it is our job to understand that and find the best way forward so that your life is not negatively impacted forever.
