Ridesharing Accident Lawyer OBX

Ridesharing services such as Uber, Lyft, and other similar platforms have become an integral part of transportation, providing an affordable, convenient, and often safer alternative to traditional taxi services. However, like any other mode of transportation, ridesharing comes with its own set of risks.

One of the most significant concerns is the potential for accidents involving rideshare drivers and their passengers. These accidents can result in injuries ranging from minor to severe, and victims—whether they are passengers, other drivers, or pedestrians—are entitled to compensation for their injuries. This post explores the legal implications for injured riders and drivers involved in ridesharing accidents, the factors influencing liability, and what steps victims can take to seek compensation.

If you have been injured, call our office to speak with an Outer Banks ridesharing accident lawyer to find out what type of compensation you may be entitled to.

What Makes Rideshare Accidents Different from Regular Car Accidents?

Rideshare accidents differ from typical car accidents in several key ways. How are rideshare accidents different from traditional car accidents? In a regular car accident, the at-fault party’s auto insurance typically covers the damage, whether the accident is caused by another driver or one’s own actions. However, when it comes to rideshare accidents, determining liability becomes more complicated due to the involvement of a ridesharing company, its insurance policies, and the driver’s own coverage.

In ridesharing accidents, the situation can become murky because there are multiple potential parties that could be responsible for the accident. In the case of an Uber or Lyft ride, the injured party may have a claim against the driver, the ridesharing company, or both. The liability might depend on whether the driver was actively transporting a passenger, whether the driver was on the way to pick up a passenger, or whether they were offline at the time of the accident.

Rideshare Drivers and Their Liability

For injured riders or third parties involved in a ridesharing accident, one of the first considerations is whether the rideshare driver or another party is liable for the accident. What is the driver’s role in a ridesharing accident? The driver’s actions will determine their level of responsibility in the accident.

While on a Passenger Trip

If the rideshare driver is actively transporting a passenger when the accident occurs, the company’s insurance policy typically covers both the driver’s and the passenger’s injuries. Rideshare companies like Uber and Lyft have commercial insurance policies that provide coverage for such accidents. This coverage is usually significant, often providing up to $1 million in bodily injury liability depending on the circumstances.

While En Route to Pick Up a Passenger

If the driver is on their way to pick up a passenger but has not yet started the ride, the rideshare company’s insurance coverage may still apply, but it is often lower. At this stage, the driver’s personal auto insurance may play a larger role, and depending on the state’s laws, there could be significant gaps in coverage. This means that the injured party might face difficulties recovering the full amount of their damages, especially if the driver’s insurance is insufficient.

When Offline or Not Active

If the driver is not logged into the rideshare app or not accepting rides at the time of the accident, the rideshare company’s insurance is generally unavailable. In this situation, the driver’s personal auto insurance is the primary source of coverage. If the driver lacks adequate personal insurance or if they were at fault, pursuing compensation can become more complicated.

Legal Rights of Injured Riders in Rideshare Accidents

If a rider is injured while in a ridesharing vehicle, they have the right to seek compensation for their injuries, just like any other car accident victim. What are the rights of injured riders in rideshare accidents?

Right to Compensation for Medical Expenses

If an injured rider’s accident occurred while they were being transported, they are entitled to compensation for medical expenses. This includes hospital bills, doctor’s visits, surgery costs, rehabilitation, and any ongoing medical care required due to the injury. Depending on the severity of the injury, long-term care may be necessary, and these expenses should be factored into the compensation.

Right to Lost Wages

If the rider’s injury prevents them from returning to work, they have the right to seek compensation for lost wages. This compensation includes any income the injured rider loses as a result of being unable to perform their job or take part in other work-related activities.

Right to Pain and Suffering

Injured riders may be entitled to compensation for physical pain, emotional distress, and the overall loss of quality of life caused by the accident. Pain and suffering are subjective and can be difficult to quantify, but they are an essential part of any personal injury claim.

Right to Legal Recourse Against the Rideshare Company

In some cases, injured riders may seek compensation directly from the rideshare company itself. While the driver’s negligence is often the cause of the accident, rideshare companies may still be held liable, particularly if they were negligent in hiring or managing the driver. If the driver was not properly vetted, had a history of driving violations, or had inadequate insurance coverage, the company might be held responsible for damages.

Insurance Coverage in Rideshare Accidents

Rideshare companies offer different levels of insurance coverage based on the driver’s status at the time of the accident. How does insurance coverage work in a rideshare accident?

While the Driver is on a Trip with a Passenger

As mentioned, rideshare companies generally provide up to $1 million in coverage for bodily injury liability and property damage if the driver is actively engaged in a trip. This policy covers both the injured rider and third parties involved in the crash.

While the Driver is On the Way to Pick Up a Passenger

In this scenario, rideshare companies typically provide limited coverage, such as $50,000 for bodily injury and $25,000 for property damage. This is far lower than the coverage provided while the driver is on a trip with a passenger. Drivers who cause accidents during this period may also need to rely on their personal insurance to cover any remaining damages.

When the Driver Is Offline

If the driver is offline, meaning they are not logged into the rideshare app or accepting any trips, then the rideshare company’s insurance policy does not apply. In this case, the driver’s personal insurance is the primary source of coverage. If the driver doesn’t have personal auto insurance or sufficient coverage, the injured party may face challenges in recovering damages.

Injured Third Parties in Rideshare Accidents

Injured third parties, such as pedestrians or other drivers involved in an accident caused by a rideshare driver, are also entitled to compensation. How do third parties recover damages in rideshare accidents? The process is similar to that of an injured rider, but the claim will be directed toward the rideshare driver’s insurance, the rideshare company’s commercial policy, or the other driver involved in the crash. Third parties can claim compensation for their medical bills, lost wages, and pain and suffering, depending on the circumstances of the accident.

Steps to Take After a Rideshare Accident

If you are involved in a ridesharing accident, whether as a rider, driver, or third party, there are essential steps to take to protect your rights and ensure you receive compensation:

Seek Medical Attention

Your health and safety should always be the top priority. Even if injuries seem minor, seek medical attention immediately. Injuries from car accidents can worsen over time, and having a medical record will be crucial if you pursue a legal claim.

Report the Accident

Report the accident to both the police and the rideshare company. For Uber or Lyft, both companies have an in-app feature to report accidents. Obtain a copy of the police report, which will be valuable evidence in your claim.

Document Everything

Take pictures of the accident scene, damages, and injuries. Collect the contact information of witnesses and other parties involved in the crash. Document all medical visits, expenses, and any impact the accident has on your daily life.

Consult an Attorney

Ridesharing accidents can be complicated, especially when it comes to determining liability and seeking compensation. An experienced Outer Banks ridesharing lawyer can guide you through the legal process, helping you pursue the maximum compensation available.

Contact Shapiro, Washburn & Sharp to schedule a free case evaluation. We are dedicated to helping injured clients obtain the compensation they deserve for their medical bills, lost income, and other losses their injuries have caused, which is evident by the more than $100 million our firm has obtained in settlements and verdicts.

Who Is Liable in a Ridesharing Service Accident?