Our Uber and Lyft Crash Lawyers Can Help Prove Negligence When You’re Injured in a Rideshare Crash
In the U.S., calling a Lyft or an Uber has become the preferred alternative to long-established private transportation services, such as taxis. Rideshare services give passengers a convenient and cheaper way of getting around. Whether you’re on vacation and want to sightsee in a new city or need a ride home from a night on the town, using a rideshare service can be an expedient and time-saving way to travel.
But as ridesharing services become more popular, rideshare accidents are on the rise. Our skilled 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 a frightening experience. Not only will you likely deal with injuries, you may have many questions about what to do following the crash. We’ve helped many clients file personal injury claims after a rideshare crash. Here, we discuss how to help prove ridesharing liability and what we can do to assist you in obtaining fair compensation.
Why Negligent Rideshare Drivers Cause Accidents
Many people like the convenience and quick availability of rideshare services. Take out your smartphone and make a call, and an Uber or a Lyft driver seems to appear in minutes. Both Uber and Lyft showed significant growth in the first quarter of 2024 compared to the first quarter of 2023. App-based transportation has been doing well since recovering after the pandemic; however, with the increase in riders, there’s also been an increase in rideshare vehicle accidents. Some of the most common causes of rideshare accidents include the following:
- Pick-up locations and destinations are often unfamiliar. Being unfamiliar with a city or town can create uncertainty for a rideshare driver and a lot of distraction—all of which can factor into an accident. Rideshare drivers taking a passenger to a destination in Olathe may not be familiar with the area and may need to check their GPS or make U-turns and unplanned stops to get to the location.
- Long shifts can make rideshare drivers tired. When demand is high for an Uber or Lyft, drivers may feel compelled to work long shifts to make more money. Weekends can be especially busy, and drivers may over-extend themselves, becoming fatigued or drowsy. When rideshare drivers are tired, their reaction time is slower, increasing the likelihood of a crash. In a study by AAA, over 17% of all fatal crashes involved a drowsy driver in 2017 – 2021.
- Distractions are common for rideshare drivers. Whenever a driver fails to give their full attention to the road, it’s considered distracted driving, and there are many types of distractions for a rideshare driver. It may be necessary to answer a call from the rideshare company; they may receive notifications and messages; and they may need additional information from the passenger. Any of these can cause distractions that lead to a crash.
- Aggressive and assertive driving means more money. For rideshare drivers, increasing the number of rides they give means increasing the amount of money they make. These drivers may be tempted to drive more aggressively or more assertively to get to a location more quickly and add more rides to their schedule.
- Vehicle maintenance is expensive. The rideshare driver must maintain their own vehicle. Because it’s expensive to replace tires, change worn-out brake pads, and get regular oil changes, it may be tempting to put off important maintenance.
Rideshare Crashes Aren’t the Same as Other Vehicle Accidents
Any type of vehicle crash can cause life-altering injuries, and a rideshare accident can, too. The difference, however, is that proving fault and obtaining fair compensation for damages in a rideshare crash can be a challenge. Here are factors that make this type of accident and personal injury claim or lawsuit tougher than other types of accidents:
- Liability issues. Rideshare companies hire “independent contractors” rather than drivers. By characterizing their drivers this way, Uber or Lyft may attempt to deny responsibility for a driver's actions because the driver isn’t an actual employee.
- Insurance problems. Most rideshare drivers must carry their own personal auto insurance, and the rideshare company provides supplemental insurance coverage. However, this supplemental insurance only applies when the driver is logged into the app. Some rideshare companies may dispute an injury claim by trying to prove the driver wasn’t working at the time of the accident.
- Multiple parties may be liable. There may be multiple parties involved or at fault in your personal injury claim. Along with the rideshare driver, there may be other drivers, vehicle owners, parts manufacturers, and road maintenance agencies that share blame for the crash.
The Olathe rideshare accident attorneys at Peterson & Associates, P.C. know how to deal with these claims, and we’ll thoroughly investigate your crash to determine liability and fight to get you full and fair compensation.
Understanding Rideshare Accident Liability in Olathe
The companies that contract 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, it can be challenging to file a personal injury claim or an injury lawsuit to cover the costs of your damages. Another way rideshare companies attempt to avoid liability for a crash is by calling themselves brokers that connect drivers with passengers instead of calling themselves transportation companies. 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 Olathe Uber and Lyft Accident Cases
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 Olathe injury attorney may be able to help you obtain a fair settlement, including the following:
Understanding the “Business Use” Clause in an Insurance Policy
If another driver caused the crash, their personal auto insurance would be your first source of possible compensation. But if your rideshare driver is at fault, it’s possible that their personal policy has 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.
Working With 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.
Why Choose Peterson & Associates, P.C. After a Rideshare Accident in Olathe
When you’re trying to recover from injuries after a rideshare crash, it’s not easy to focus on the legal process of filing a personal injury claim. Your best chance of fair compensation for your injuries is to contact Peterson & Associates, P.C. Our skilled attorneys will work with you every step of the way, answer your questions, and be available when you need us. When you hire our skilled legal team, you can be assured that we’ll be there to:
- Communicate with you regularly and keep you updated on each stage of the legal process
- Thoroughly investigate the accident to determine the cause and who was at fault.
- Gather critical evidence that can help prove that the rideshare driver and/or the company were at fault for the crash
- Handle communication with the insurance companies to help ensure you don’t make mistakes that could jeopardize your claim
- Review all potential sources of compensation, including all relevant insurance policies
- Work with medical experts to help make sure there is full and complete documentation about your injuries—and the need for possible future surgeries or medical help
- Prepare your case for trial if the insurers won’t negotiate in good faith and offer a fair settlement