Our Dedicated Independence Rideehsare Accident Lawyers Help Prove Liability in a Rideshare Crash
Whether you need a lift home from a night out or you want to explore a new city, using a rideshare service is often a convenient form of transportation. Using any smartphone, you can make a quick call and be picked up and driven to a location of your choice.
The use of ridesharing services is on the rise in Independence, but so are rideshare accidents. Our Independence rideshare accident attorneys at Peterson & Associates, P.C. know that being in an accident while riding with an Uber or a Lyft driver can be terrifying. It also will likely leave you with many questions. Here, we discuss how to help prove liability and what we do to help you obtain a fair settlement.
Why Passengers Are Injured in Independence Rideshare Accidents
With the popularity of rideshare services, “I’ll get an Uber” has become a common phrase among travelers. Statistics show that the rideshare market value is projected to pass $210 billion by 2029. After making a strong recovery after the pandemic, rideshare companies are doing well, especially in large cities. However, the number of rideshare vehicle accidents are increasing. Some of the most common causes of rideshare accidents include the following:
- Unfamiliar areas. When a rideshare driver picks up a passenger going to a destination in Independence, they may not know the area well. They may need to check their GPS, make sudden stops, and interact with the passenger to make sure of the location. Being unfamiliar with a city or town can create a lot of uncertainty for the driver and a lot of distraction—all of which can factor into an accident.
- Fatigue and drowsiness. Weekends can be especially busy for rideshare drivers, and demand for an Uber or Lyft may be high. Drivers may work long shifts and pick up extra rides to increase their earnings. When drivers are tired or drowsy, their reaction time is slower, increasing the likelihood of a crash. A driver’s reaction time is slowed when they’re fatigued or drowsy. In a study by AAA, it was found that between 2017 – 2021, over 17% of all fatal crashes involved a drowsy driver.
- Distraction. Distracted driving is defined as any type of activity or behavior behind the wheel that takes a driver’s attention away from driving. If a driver fails to give their full attention to the road, it puts everyone at risk of an accident. There are many types of distractions for a rideshare driver. They may receive messages, notifications, and/or instructions from other drivers or riders. Their rideshare company may contact them. They may want to make friendly conversation with their passengers. All of these can cause distractions that lead to an accident.
- Aggressiveness. For rideshare drivers, completing more rides means increasing the amount of money they make. Uber and Lyft drivers may be tempted to drive more aggressively to get to a location more quickly and add more rides to their schedule. Aggressive driving can include speeding, running lights, and making unsafe lane changes or driving maneuvers.
- Poor vehicle maintenance. It’s up to the rideshare driver to maintain the vehicle they drive. Because it’s expensive to change worn out brake pads, replace bald tires, and get regular oil changes, sometimes it may be tempting to put off necessary maintenance. Any maintenance problem with a car used for Uber or Lyft that is not properly addressed can factor into an injury accident.
Why Rideshare Accidents Are Different Than Regular Vehicle Crashes
A crash involving a rideshare driver might seem like any other crash. However, there are factors that make this type of accident and personal injury claim or lawsuit more challenging, including the following:
- Issues of liability. Rideshare companies consider their drivers to be independent contractors rather than employees. In labeling their drivers this way, Uber or Lyft can try to deny responsibility for a driver's actions.
- Insurance concerns. Typically, rideshare drivers must carry their own personal auto insurance policies. Rideshare companies provide supplemental insurance coverage, but it applies only when the driver is logged into the app and is secondary to the driver’s policy. We see companies try to dispute an injury claim by trying to prove the driver wasn’t working at the time of the accident.
- Multiple parties. Your personal injury claim can be challenging because there may be multiple parties involved and/or at fault. In addition to the rideshare driver and company, there may be other motorists, vehicle owners, parts manufacturers, and road maintenance agencies that share blame for what happened.
The Independence rideshare accident attorneys at Peterson & Associates, P.C. know how to cut through the red tape and complexity of these claims. We will thoroughly investigate your crash to determine liability and fight to get you full and fair compensation.
Rideshare Accident Liability in Independence
Rideshare drivers must ensure that their services are safe for their passengers and all people on the road, including other drivers and pedestrians. The companies that employ rideshare drivers must take reasonable steps to hire qualified drivers who will maintain safety standards. If the company fails in this duty, and the driver is responsible for injuring their passenger, the company can be held liable for damages.
Proving Liability
When you’re injured in a rideshare accident, filing a personal injury claim or an injury lawsuit to cover the costs of your damages can be difficult. Rideshare companies don’t consider themselves transportation companies. Instead, they call themselves “brokers” to connect drivers with passengers. Instead of hiring “employees,” many companies call their drivers “independent contractors” so they can avoid liability for a crash. To bring a claim against a rideshare company, you need to show that the company acted negligently; that negligence caused your accident; and the accident caused recoverable damages.
Compensation in an Independence Rideshare Accident
If you were an injured passenger in an Uber or Lyft, or you were another motorist struck by an Uber or Lyft driver, there are a variety of ways your rideshare crash attorney can help you obtain a fair settlement, including the following:
The Personal Auto Insurance for the at-Fault Rideshare Driver
It’s possible that another driver caused the crash, and their personal auto insurance would be your first source of possible compensation. But it’s also possible that your rideshare driver is at fault. You might assume that their auto insurance company would pay. However, some personal policies have a clause for “business use” that won’t cover accidents if the policyholder is driving to make money. That’s why it’s important to contact Peterson & Associates, P.C. to get help if your driver had this type of contract exclusion.
The Rideshare Service Company Insurance
Rideshare companies like Lyft and Uber have third-party liability coverage to protect passengers if their drivers cause an accident. Typically, the corporate policy covers up to $1 million for a person’s injuries and damages. This protection only covers the passenger from the time the driver accepts a ride request until the passenger leaves the vehicle.
Using PIP
If the rideshare driver has personal injury protection (PIP), it may cover some of your medical bills and lost wages up to the policy limits, regardless of who was at fault for the crash. However, Missouri doesn’t require drivers to purchase PIP coverage, although the driver must have some type of insurance.
Why You Should Hire Peterson & Associates, P.C. After a Rideshare Accident in Independence
Filing a rideshare personal injury claim and identifying all the at-fault parties can be difficult. It’s not always clear if the driver’s personal auto insurance will provide compensation for your injuries or if the rideshare company will pay. It will often depend on the nature of your injuries and the amount of insurance carried by the driver.
Your best chance of fair compensation for your injuries is to hire Peterson & Associates, P.C. While you’re trying to recover from the accident, you may be faced with expensive medical bills and the need to take time off work. When you hire our skilled legal team, you can be assured that we’ll handle every aspect of your claim, including the following:
- Conducting a thorough investigation into the accident to determine the cause and who was at fault.
- Gathering important evidence that can help prove that the rideshare driver and/or the company were at fault for the crash.
- Reviewing all potential sources of compensation, including all relevant insurance policies.
- Handling all communication with the insurance companies to ensure you don’t make mistakes that could jeopardize your claim
- Working with medical experts to make sure there is full and complete documentation about your injuries—and the need for possible future surgeries or medical help.
- Preparing your case for trial if the insurers won’t negotiate in good faith and offer a fair settlement.
- Communicating with you regularly and keep you updated on each stage of the legal process.