The rise of ridesharing services like Uber and Lyft has transformed the way we commute, offering convenience and accessibility. However, with the increase in rideshare vehicles on the roads, questions about liability in the event of accidents have become more prevalent.
When a rideshare accident occurs, who bears the responsibility: the driver or the company? In this blog, we'll dive into the complexities of determining liability in rideshare accidents and explore the factors that influence the outcome.
A Glance at the Rideshare Model
Ridesharing companies such as Uber and Lyft operate on a unique model where everyday people use their personal vehicles to transport passengers for a fee. While drivers are independent contractors, they are connected to the rideshare company through a mobile app, which facilitates the matching of drivers with passengers.
This distinction between employees and independent contractors plays a significant role in determining liability in rideshare accidents. Because an independent contractor isn’t considered an employee of the rideshare company, they are more exposed to liability than the rideshare company typically is.
A Rideshare Driver’s Liability
In many cases, the primary factor in rideshare accidents is driver negligence. Just like any other motor vehicle operator, rideshare drivers have a duty to exercise reasonable care while driving.
If a rideshare driver breaches this duty—whether by speeding, distracted driving, or disobeying traffic laws—they may be held liable for any resulting accidents and injuries. In such cases, victims of rideshare accidents can pursue compensation by filing a claim with the driver's insurance company. If the claim is not settled by the insurance company the accident victim can file a lawsuit against the driver.
The Rideshare Company’s Liability
While rideshare drivers are independent contractors, ridesharing companies may still be held liable under certain circumstances. If the accident occurred while the driver was actively engaged in providing services for the rideshare company—such as driving to pick up passengers or during a ride—the company's insurance coverage may come into play and the rideshare company can be sued.
Rideshare companies are required to carry commercial insurance policies that provide coverage for accidents involving their drivers. However, the extent of coverage and the company's liability can vary depending on factors such as the driver's status at the time of the accident and the terms of the insurance policy.
Determining Liability for a Rideshare Accident
If you were injured in a rideshare accident, it’s essential to determine if the rideshare driver, the company, or both are liable for damages. An investigation into the circumstances surrounding the accident, including gathering evidence such as witness statements, police reports, and driver records, can shed light on the extent of liability and who shares it.
This is why it’s advisable to seek legal counsel as soon as possible after becoming injured in a rideshare accident. While this type of personal injury claim is nothing new, it comes with many nuances that a typical car accident claim doesn’t. A personal injury attorney with specific experience handling rideshare accident claims can provide you with the legal advice and services you need to seek compensation.
Contact Us for Legal Assistance
If you were injured in a rideshare accident, reach out to Barry Regar APLC as soon as possible. After an initial consultation, we can help you understand how we may be able to provide the legal services you need to pursue compensation for damages that include your medical bills, lost wages, and more.
For more information and to get started on your claim, contact us online now.