Who May Be Responsible for Damages in a Rideshare Collision?
Posted by PKSD Law Firm on January 27, 2022 in Car Accidents
If you were injured as a passenger in an Uber or Lyft, you may wonder who pays for damages in a rideshare collision.
Car accident cases involving rideshare drivers can be quite complex. After a serious collision, you may have costly medical bills and other related-damages. In these types of crashes, it is in your best interest to legal help as soon as possible. A qualified attorney can help you to understand your rights and potential legal options.
An initial consultation with an auto accident lawyer in Milwaukee is both free and confidential. There is no risk to call us and no legal obligation to move forward with our firm.
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Major Concerns with Ridesharing Services
Ridesharing services like Uber and Lyft are popular among Wisconsin residents. These services are an affordable alternative for passengers compared to taking a taxi and a way to earn extra funds as a driver. Despite these benefits, collisions can still happen.
From a legal standpoint, some of the major concerns with ridesharing services, include:
- Rideshare companies allow drivers to work for them without meeting them in-person. Unlike taxi companies, rideshare companies do not have an interview process or do background checks.
- Rideshare drivers are not professional drivers. While drivers may need to prove a good driving record, they do not need specialized licenses or training. This means passengers and others on the road could end up with an inexperienced, distracted or careless driver.
- Safety comes into question anytime two or more strangers share a vehicle together.
- Rideshare drivers must use their phones and apps to pick up fares and follow GPS coordinates. These actions increases the likelihood of distracted driving.
Statewide standards have been in place since 2015 for rideshare companies. This helps to improve safety while providing affordable transportation options for Wisconsin residents.
For instance, ridesharing companies legally have to purchase a $5,000 state license, do driver background checks and maintain liability insurance. Companies like Uber and Lyft also cannot hire drivers who are habitual traffic offenders or have drunk driving convictions.
Insurance Coverage for Ridesharing Companies
Ridesharing companies Uber and Lyft have auto liability coverage (up to $1 million per accident). These policies help to cover damages caused by a rideshare driver to rideshare passengers and other drivers.
For instance, say you are riding with an Uber driver and he or she ignores a traffic light or stop sign. If you get hurt in as a result of that rideshare collision, you may have a claim against Uber’s insurance coverage.
Uber requires its drivers to carry personal auto insurance in accordance with state law. Other Uber drivers may choose to carry commercial auto liability coverage. Generally, this means that the driver is liable for any collisions he or she causes – unless the driver was on duty. An Uber driver is considered on duty if he or she is logged onto the app. A driver is also on duty if there is a passenger in the vehicle or if he or she had agreed to pick up a passenger when the crash occurred.
At PKSD, our attorneys are ready to fully investigate the cause of the crash. This can help us to help identify any coverage that may apply to damages stemming from the rideshare collision.
Can I Sue the Rideshare Company If I Was Injured?
Your legal options will depend on the facts of the case. If the rideshare driver was at fault for the collision while carrying you as a passenger, you may be able to seek compensation from their personal rideshare service’s insurance company policies. If another driver is to blame for hitting the rideshare vehicle, you may be able to file a claim against their individual insurance policy, up to the policy limits.
However, if a settlement cannot be reached, you may be eligible to take legal action. In a personal injury lawsuit, you must prove that negligence played a role in the collision, which directly caused you to be injured and suffer damages. There is also a filing deadline to adhere to prevent a court dismissal.
Recovering Damages in a Rideshare Collision
Wisconsin permits passengers to seek compensation for damages if a rideshare driver’s negligence causes you to suffer harm. Damages you could recover include, but are not limited to:
- Present and future medical expenses
- Lost wages from being unable to work
- Lost earning capacity you would have earned if not injured
- Pain and suffering, both physical and mental
- Loss of enjoyment of life
Our Experienced Lawyers Are Ready to Help
Determining liability can be challenging in rideshare collisions caused by an Uber or Lyft driver. Our lawyers at PKSD are here to help you understand your options for seeking compensation during a free initial compensation. There is no obligation to you to hire us after this meeting.
We charge no upfront fees to use our services. Our firm only receives payment if we help you obtain compensation. We have recovered millions in compensation on behalf of our clients, including car accident victims.
Call 877-877-2228 for a free case review.