Ridesharing services like Uber and Lyft have changed how we travel, making it easy and affordable to get around with just a tap on your phone. But as more people use these services, there have been more accidents involving rideshare vehicles.
If you’re in an accident while using a rideshare service, having a rideshare accident lawyer can really help. Let’s look at why having a lawyer is important and what you should know about rideshare accident claims.
Causes of Rideshare Accidents
Several factors contribute to rideshare accidents:
Distracted Driving
Distracted driving is a leading cause of rideshare accidents. Drivers often have to juggle the rideshare app, use GPS for directions, and talk to passengers, all of which can take their attention away from the road. This distraction can slow their reaction times and increase the risk of accidents.
Navigating Unfamiliar Roads
Rideshare drivers often drive through areas they don’t know well, leading to sudden stops or turns. This unfamiliarity can cause unsafe driving and make accidents more likely.
Driver Fatigue
Many rideshare drivers work long hours or late-night shifts, which can make them tired. Fatigue affects driving ability much like alcohol, making it a significant risk for accidents.
Unsafe Pick-Up and Drop-Off Locations
Rideshare drivers often stop quickly to pick up or drop off passengers, sometimes in places that aren’t safe. This can block traffic or put pedestrians at risk, leading to dangerous situations.
Speeding and Vehicle Maintenance
Drivers might speed to complete trips faster, and while rideshare companies do initial vehicle checks, ongoing maintenance isn’t always ensured. This can lead to mechanical failures that contribute to accidents.
Rideshare Accident Statistics
Rideshare accidents have become a significant concern as the popularity of services like Uber and Lyft continues to rise. Here are some key statistics and insights regarding rideshare accidents:
General Statistics
Fatalities and Accidents:
Between 2017 and 2018, rideshare services were involved in 97 fatal crashes, resulting in 107 deaths. A study by the Booth School of Business indicated that rideshare services might be linked to approximately 987 additional roadway deaths each year, representing a 3% increase in traffic deaths associated with these services.
Location of Accidents:
Over 90% of rideshare accidents occur in urban areas or larger metropolitan regions, where ride-hailing services are most prevalent.
Increased Vehicle Miles:
The presence of rideshare drivers has been associated with a 160% increase in miles driven, which correlates with a higher likelihood of accidents. The increase in rideshare usage has also contributed to a 3% decline in public transit usage since 2014.
Safety Incident Rates
Low Incidence Rates:
Despite concerns, both Uber and Lyft report that over 99.9% of their trips occur without safety incidents. For example, in 2019, Uber recorded that 0.000005% of trips involved a motor vehicle fatality, while Lyft’s rate was slightly higher at 0.000006%.
Types of Incidents:
The most common safety incidents reported include motor vehicle accidents and, to a lesser extent, physical assaults. Uber reported a very low incidence of physical assault fatalities at 0.000001%.
Implications for Public Safety
The data suggests that while rideshare services provide convenience, they also contribute to increased traffic and potential safety risks. As the number of rideshare users grows, the associated risks and accident statistics may continue to evolve, necessitating ongoing monitoring and potential regulatory measures to enhance safety in urban transportation systems.
Who Can Be Held liable for Damages in an Uber or Lyft Accident?
Figuring out who is responsible for damages in an Uber or Lyft accident means looking at the roles of different people and the laws around rideshare services. Here are the main points to consider:
Main Responsible Parties
Rideshare Driver:
If the rideshare driver is at fault and causes an accident, they are usually held responsible for the damages. This can include injuries to passengers, other drivers, and pedestrians. Victims can make claims against the driver’s personal auto insurance or the rideshare company’s insurance, depending on what the driver was doing at the time of the accident.
Rideshare Companies (Uber/Lyft):
Although rideshare drivers are considered independent contractors, Uber and Lyft can sometimes be held responsible too:
Vicarious Liability: If the driver is working (like transporting a passenger or on their way to pick one up), Uber or Lyft might be liable for the driver’s actions under the rule of “respondeat superior.”
Negligent Hiring or Supervision: If the rideshare company was careless in hiring, training, or supervising the driver, they might be directly liable. This could include not doing proper background checks or ignoring reports of bad driving.
Other Possible Responsible Parties
Other Drivers: If another driver caused the accident, they could be held responsible.
Vehicle Manufacturers: If a mechanical problem with the car caused the accident, the car maker might be liable.
Government Entities: If the accident was due to poor road conditions or missing signs, local government might be responsible.
Insurance Policy
The level of responsibility also depends on the insurance coverage provided by Uber and Lyft, which changes based on what the driver was doing during the accident:
Driver Transporting a Passenger:
When the driver has a passenger, there is up to $1 million in liability coverage available.
Driver Seeking a Passenger:
If the driver is online and waiting for a ride request, the coverage is usually up to $50,000 per person and $100,000 per accident for bodily injury.
Driver Not Using the App:
If the driver is off-duty and not using the rideshare app, the rideshare company’s insurance does not cover them. In this case, victims would need to make claims through the driver’s personal insurance.
Uber’s Insurance Policy
Here’s a detailed overview of the insurance coverage offered by Uber:
Coverage Phases
1. Driver Online, Waiting for a Ride Request:
When a driver is logged into the Uber app but has not yet accepted a ride request, they are covered by:
Bodily Injury Liability: $50,000 per person & an amount of $100,000 per accident.
Property Damage Liability: $25,000 for damages to other vehicles or property.
This coverage applies if the driver’s personal auto insurance does not cover the incident.
2. Driver En Route to Pick Up a Rider or On a Trip:
Once a driver accepts a ride request and is on their way to pick up a rider or is actively transporting a passenger, the coverage increases significantly:
Third-Party Liability Coverage: At least $1 million for bodily injury and property damage caused to others.
Uninsured/Underinsured Motorist Bodily Injury Coverage: Covers injuries to the driver and riders if another driver is at fault and lacks sufficient insurance.
Contingent Comprehensive and Collision Coverage: Covers damages to the driver’s vehicle, provided the driver has their own personal auto insurance. The deductible for this coverage is typically $1,000.
Additional Considerations
Personal Insurance Requirement:
Uber drivers must maintain their own automobile liability insurance that meets or exceeds state minimum requirements. Uber’s insurance is secondary and activates only when the driver’s personal insurance does not apply.
Accident Reporting:
Drivers can report accidents directly through the Uber app, which helps streamline the claims process.
Lyft’s Insurance Policy
Lyft provides insurance coverage for drivers during different phases of a rideshare trip:
Coverage Phases
1. Driver App is Off:
When the Lyft app is off, your personal auto insurance applies.
2. Driver App is On, Waiting for a Ride Request:
When the driver is online and is waiting for a ride request:
Bodily Injury Liability is $50,000 per person and $100,000 per accident.
Property Damage Liability: $25,000 for damages to other vehicles or property.
3. Driver En Route to Pick Up Rider or On a Trip:
Once the driver has accepted a ride request and is on their way to pick up a rider or is actively transporting a passenger:
Third-Party Liability Coverage: At least $1 million for bodily injury and property damage.
Uninsured/Underinsured Motorist Bodily Injury Coverage: Covers injuries if another driver is at fault and lacks sufficient insurance.
Contingent Comprehensive and Collision Coverage: Covers damages to the driver’s vehicle, with a $2,500 deductible, provided the driver has comprehensive and collision coverage on their personal policy.
Additional Coverage Considerations
Personal Insurance Requirement: Lyft drivers must have their own auto insurance that meets or exceeds state minimum requirements. Lyft’s insurance is secondary and only applies when the driver’s personal insurance does not cover an incident.
Accident Reporting: Drivers can report accidents directly through the Lyft app, making the claims process easier.
State-Specific Coverage: Coverage limits and specifics can vary by state. Drivers should review Lyft’s insurance policies for their state to understand the exact coverage provided.
Immediate Steps After a Rideshare Accident
Ensure Your Safety and Check for Injuries:
First, make sure you’re safe. Check yourself and others for any injuries. If your car is in a dangerous spot, move it to a safe location if you can to avoid more accidents.
Contact Emergency Services if Needed:
If there are any injuries, vehicle damage, or significant traffic problems, call 911 right away. Give clear information about where you are and what happened.
Document the Accident Scene:
Take clear photos of the vehicles involved, any visible damage, and the accident location. This visual evidence could be vital later on.
Exchange Information with the Rideshare Driver:
Get the driver’s full name, contact details, insurance information, and the vehicle’s license plate number.
Gather Witness Contact Information:
If there are witnesses, kindly ask their contact information. Their accounts may be needed later.
Reporting and Seeking Medical Attention
Report the Accident to the Police:
Even if the accident seems minor, file a police report. An official report can help prove the incident occurred as you described.
Seek Appropriate Medical Attention:
Some injuries may not be immediately apparent. Follow up with a doctor to ensure you receive proper treatment and create a record of your injuries.
Notify the Rideshare Company:
Contact Uber or Lyft to report the accident and get information about their insurance coverage and claims process.
Legal Considerations
Avoid Discussing the Accident:
Only talk about the accident with the police and your attorney. Anything you say can be used against you later.
Do Not Accept Settlement Offers Without Consulting an Attorney:
Insurance companies might offer less than what you’re actually owed. Talk to an attorney before accepting any offers.
Consult with an Experienced Personal Injury Attorney:
An attorney can guide you through the legal process, negotiate with insurance companies, and help you get fair compensation for your injuries and damages.
Damages You Can Recover
After a rideshare accident, victims may be entitled to recover various types of damages. These damages can be categorized into economic and non-economic losses, depending on the circumstances of the accident and the injuries sustained.
Types of Recoverable Damages:
Economic Damages
Medical Expenses:
This includes costs for hospital stays, surgeries, rehabilitation, medications, and any ongoing medical care required due to injuries sustained in the accident.
Lost Wages:
If the accident results in an inability to work, victims can claim compensation for lost income during recovery.
Future Earnings:
If injuries lead to a long-term disability or reduced earning capacity, victims may recover damages for future lost wages.
Property Damage:
Compensation for damage to personal property, such as the vehicle involved in the accident.
Non-Economic Damages
Pain and Suffering:
Compensation for physical pain and emotional distress caused by the accident and injuries.
Loss of Quality of Life:
If the injuries affect the victim’s ability to enjoy life or engage in daily activities, they may claim damages for this loss.
Mental Anguish:
Emotional suffering caused by the accident, including anxiety, depression, or post-traumatic stress disorder (PTSD).
Disfigurement and Scarring:
Compensation for any lasting physical changes caused by the accident.
Additional Considerations
Comparative Negligence:
In some cases, if the victim is found partially at fault for the accident (e.g., not wearing a seatbelt), their compensation may be reduced based on their percentage of fault. For example, if a victim is found to be 20% at fault, their total damages may be reduced by that percentage.
Legal Representation:
Consulting with a personal injury attorney can help victims navigate the complexities of their case, gather evidence, and maximize their compensation.
Victims of rideshare accidents should be aware of their rights and the types of damages they can pursue to ensure they receive fair compensation for their losses.
How Much Is Your Uber/Lyft Accident Claim Worth?
The amount of money you can get from an Uber or Lyft accident claim can change a lot based on a few things, like how bad the injuries are, what happened during the accident, and the damages involved. Here’s an easier way to understand what to expect:
Average Settlement Amounts:
General Range: People involved in Uber or Lyft accidents usually get settlements between $500,000 to $1.25 million, depending on their injuries and what happened during the accident.
Severe Injuries: If someone has serious injuries, like spinal cord damage or a long-term disability, they might get more money—sometimes over $1 million—to cover big medical bills and lost income.
Minor Injuries: If the injuries are small, like bruises or cuts, the settlement is usually lower, between $25,000 to $50,000.
Factors That Affect the Claim Value:
Injury Severity: More severe injuries usually mean higher settlements, because of the costs for medical care, rehab, and how the injury affects your life.
Lost Wages: If you can’t work while recovering, or if your future earning ability is affected, this can add to the settlement amount.
Driver’s Status During the Accident: The insurance coverage changes depending on if the driver was picking up a passenger, driving a passenger, or offline. If they were driving a passenger, the coverage can be up to $1 million.
Shared Fault: In some places, if you are partly to blame for the accident, your settlement might be reduced. For example, if you’re awarded $500,000 but found 50% at fault, you’d only get $250,000.
Insurance Coverage: Uber and Lyft have big insurance policies that can impact how much money you get. The amount of coverage depends on what the driver was doing when the accident happened.
How a Rideshare Accident Lawyer Can Help
A rideshare accident lawyer can be really helpful if you get hurt in an accident involving Uber, Lyft, or another rideshare service. Here’s how they can assist you:
Ways a Lawyer Can Help:
Finding Who’s Responsible: Figuring out who is at fault in a rideshare accident can be tricky. It might be the driver, the rideshare company, other drivers, or even the car manufacturer. A lawyer knows how to sort this out and find everyone who might be responsible.
Dealing with Insurance: Rideshare insurance works differently depending on what the driver was doing at the time of the accident. A lawyer can help you file your claim correctly and make sure you get the most out of the available insurance.
Collecting Evidence: Your lawyer will gather important evidence like police reports, witness statements, photos, and medical records to support your case.
Managing Communication: The lawyer will handle all the talks with insurance companies, the rideshare service, and others involved. This lets you focus on getting better while knowing your rights are being protected.
Figuring Out Your Losses: Your lawyer will look at all your damages, including medical bills, lost wages, property damage, and pain and suffering, to make sure you get fair compensation.
Negotiating a Settlement: If you get a settlement offer, your lawyer will negotiate to make sure it’s enough to cover your losses. If you can’t agree on a fair amount, they can take the case to court.
Providing Legal Expertise: Rideshare accident cases can be complicated. A lawyer’s experience with these cases can really help improve your chances of getting a good outcome.
Remember, talking to a rideshare accident lawyer usually doesn’t cost anything upfront. They often work on a contingency fee basis, meaning they only get paid if you do, so there’s no risk in getting legal help.
Also read: Dealing with a Hit and Run Car Accident: What to Know
