Our Skilled Personal Injury Lawyers Discuss Proving Liability When You’re Hurt in a Rideshare Crash
Calling a rideshare service such as Uber or Lyft provides people with quick and easy transportation. With a quick tap on a smartphone, they can call for a ride and be picked up at just about any location. Ridesharing is popular in Overland Park, and people in Missouri utilize this service as a safe and convenient way of getting around. 
But as rideshare travel has become more popular, the risk of rideshare accidents has increased. Our dedicated attorneys at Peterson & Associates, P.C. understand the unexpected shock of being in an accident while you’re riding with an Uber or a Lyft driver. We’ve helped hundreds of clients file personal injury claims after a crash. Here, we discuss rideshare liability and how we can help you obtain fair compensation after your accident.
What Causes Rideshare Accidents in Overland Park
Rideshare services have become a common way for people to travel from place to place. Although taxis are still widely used, rideshare companies recovered more significantly from the pandemic than other public transportation services. However, as the number of rideshare vehicles increases, so does the risk of crashes. Some of the most common causes of rideshare accidents include the following:
- Distraction. Distracted driving is any type of behavior or activity that takes a driver’s attention away from driving. When a driver gets behind the wheel but fails to give full attention to the road, it increases the risk of an accident. Drivers for rideshare services have many sources of distraction. They may receive messages, notifications, and/or instructions from other drivers or riders. They may be contacted by their rideshare company. They may want to talk with their riders. They may have had a long, hard day on the road and need to eat or drink while driving. All of these can cause distractions that lead to an accident.
- Drowsiness or fatigue. Because many rideshare drivers work long shifts, they may be tired or drowsy while driving. Weekends may be busy and drivers may want to pick up additional work; and there are often weekend events that increase the demand for rideshare services. A driver’s reaction time is slowed when they’re fatigued or drowsy. AAA found that between 2017 – 2021, over 17% of all fatal crashes involved a drowsy driver. And during the five-year study, nearly 30,000 people were killed in accidents caused by drowsy drivers.
- Aggression. For rideshare drivers, completing more rides means increasing the amount of money they make. Uber and Lyft drivers may drive more aggressively by speeding, making unsafe lane changes, or running lights to get to a location more quickly and add more rides to their schedule.
- Poor vehicle maintenance. Rideshare drivers must maintain their own vehicles. Many people who own cars understand how expensive it can be to replace bald tires, worn brake pads, and even get regular oil changes. Any maintenance problem with a car used for Uber or Lyft that is not properly addressed can factor into an injury accident.
Rideshare Accident Liability
Any driver on the road has a duty of care to keep safe everyone on the road. This includes other drivers, vehicle passengers, bicyclists, motorcyclists, and pedestrians. Uber and Lyft drivers are no exception. They must follow traffic laws, yield the right of way, use turn signals, and drive sober.
Rideshare drivers must ensure that their services are safe for their passengers and all people on the road. 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, you will likely want to file a personal injury claim or an injury lawsuit to cover the costs of your damages. However, determining fault in a rideshare accident can be challenging because companies such as Uber and Lyft don’t characterize themselves as transportation companies. Instead, they consider themselves “brokers” who connect drivers with passengers.
So, it’s not always easy to prove that a rideshare service company is responsible for a crash. 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 the following:
- The company acted negligently
- The company’s negligence caused your accident
- The accident caused recoverable damages
You may argue that Uber’s policies contributed to your accident; however, the court may not entertain your claim without substantial evidence. That’s why it’s important to contact Peterson & Associates, P.C. if your Uber or Lyft driver gets in an accident and you’re injured. We will investigate the crash, determine the driver’s history, and work to build a strong case against the responsible parties.
Compensation in an Overland Park Rideshare Accident
You may worry about who pays for your injuries if you’re hurt in a rideshare crash and how to file a personal injury claim. If the accident wasn’t your fault, 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.
Peterson & Associates, P.C. Is Your Best Choice After an Overland Park Rideshare Accident
Filing a rideshare personal injury claim can be challenging, and identifying the at-fault party 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. The answer likely depends on the nature of your injuries and the amount of insurance carried by the driver.
Because rideshare injury claims typically involve many insurance issues, it’s not easy to deal with them while you’re recovering from painful injuries, facing huge medical bills, and missing time at work. When you hire our skilled legal team, we will handle every aspect of your claim, including the following:
- We’ll conduct a thorough investigation into the accident to determine the cause and who was at fault.
- We’ll gather important evidence that can help prove that the rideshare driver and/or the company were at fault for the crash.
- We’ll review all potential sources of compensation, including all relevant insurance policies.
- We’ll handle all communication with the insurance companies and work to negotiate a fair settlement.
- We’ll work with trusted medical experts to make sure there is full and complete documentation about your injuries—and the need for possible future surgeries or medical help.
- We’ll prepare your case for trial if the insurers won’t negotiate in good faith and offer a fair settlement.
- We’ll communicate with you regularly and keep you updated on each stage of the legal process.