Personal Injury & Accident Attorneys, Services and Consultations
Ride sharing is more popular than ever these days, and for good reason, it is convenient, reliable and budget-friendly. But, just as with any kind of transportation there is the possibility of getting into an accident.
When you hop into an Uber or another ride share service, the last thing you think of is whether the driver has insurance coverage. Maybe you are an Uber or Lyft driver wondering about the protocol for ridesharing accidents, especially since you are spending so much more time driving. So, what do you do when you are in a rideshare accident?
If you are involved in an accident with an Uber or Lyft driver, you may be able to sue them, depending on the specific case and accident.
As we mentioned, Uber and Lyft consider their drivers independent contractors. But, the legal definition of independent contractor may not actually apply 100 percent to drivers.
In accidents without a passenger, the driver’s personal insurance will cover that portion of the drive, but the company will step in with their insurance if the driver is underinsured.
For accidents that happen with a passenger, Uber or Lyft has insurance policies to cover those damages.
Because rideshare drivers are independent contractors, they are not required to have separate insurance policies.
Compared to taxis or buses, rideshare services don’t carry insurance that will protect the passenger when involved in an accident.
This means that if you are injured in a ridesharing accident, you won’t be able to use the driver’s insurance to cover your injuries.
Make sure you follow these simple steps to ensure you get the most our of your case.
Call the police to make an accident report
Don’t leave the scene before police get there so that you can file an official police report. Some cyclists do not realize that they have been injured until several hours after the accident. By then, it may be too late to identify the at-fault driver, this is why you absolutely must wait for authorities to arrive and document what happened as well as everybody who was involved.
Never tell the driver or police that you are “okay.” This can be used against you in court at a later date. In fact, you don’t even know if you really are okay until you have been cleared by a doctor. Seemingly minor injuries may develop into serious and permanent injuries. When asked if you are alright, simply say "I don't know".
Get the names, addresses and telephone numbers of all drivers, passengers and witnesses. By waiting for the police, you have an independent third party at the scene of the accident who has the authority to ask for the driver’s identity, registration, and insurance information.
Never try to negotiate with the at-fault driver. The driver may not give you accurate information about his or her identity, insurance coverage, or vehicle ownership. Many drivers who cause a crash will apologize at the scene and accept blame for the collision, but later, after they have had time to consider the consequences of their negligence, will deny that they were negligent. They may even deny that they were even at the accident scene!
The police officer will be responsible for taking photos of the scene and collecting any evidence for the official police report but you should still take your own pictures as well. Document any damage to the road such as skid marks, damage to the driver’s vehicle as well as your bike and any injuries that you have sustained.
Inattentive Riding/Driving
There are a ton of distractions on the road these days for drivers and those same distractions also pertain for ride share driver. Drivers may look down to change the song they’re listening to, read a text message or look at their online map to see where they are going.
Speeding
Serious injuries and fatalities are linked to drivers going too fast. It is easy to lose control when driving a car too fast and when having passengers in your car at unsafe speeds.
As a bicyclist, it’s imperative that you know the danger zones so that you can avoid them or exercise extreme caution when you are in those danger zones. Most bicyclist deaths occur in urban areas and at non-intersection locations.
Fluorescent clothing can make bicyclists visible from farther away than regular clothing during the daytime. Retro-reflective clothing can make bicyclists more visible at night.
A bicycle helmet can reduce the risk of head and brain injuries in the event of a crash.5 All bicyclists, regardless of age, can help protect themselves by wearing properly fitted bicycle helmets every time they ride.
Active lighting can include front white lights, rear red lights, or other lighting on the bicycle or bicyclist. This lighting may improve the visibility of bicyclists.
If your injury was serious enough to require plastic surgery or other lengthy medical procedures, you may be left with a stack of unpaid medical bills.
In these cases you may want to seek legal action for damages. You will need to contact an experienced personal injury attorney that can guide you through the legal process and help you get the maximum amount of compensation that you deserve.
On the other hand, if you are at fault, you may need to seek counsel in order to protect yourself from any lawsuits.
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