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Ridesharing apps like Uber and Lyft are part of the $100 billion+ industry that grows daily. These companies are convenient and a great option in many circumstances. From College Station to Bryan, these rideshares are readily available and used by many. But what happens when a quick ride turns into an accident?
Most people are left without a clue of what to do next. In this blog post, we’ll help you know your next steps, your legal options, and how you can seek compensation.
Steps to Take After a Rideshare Accident
If you’ve been involved in an accident with a rideshare vehicle in Bryan or College Station, use these steps to protect your rights and ensure you receive fair compensation.
- Seek medical attention: Your health and safety should be the top priority. Even if you feel fine initially, getting medical attention can uncover injuries you didn’t know you had. Medical attention also creates documentation of any injuries which can be essential to your claim.
- Document the accident: If possible, take photos of the accident. This includes the vehicles, the surrounding area, hazards, and visible injuries. It is also important to get information on the rideshare driver, the other parties involved, and any witnesses.
- Report the accident: Contact the police and the rideshare company as soon as possible. Keep a record of all your conversations with them and the police, and request a copy of the accident report when it becomes available.
- Avoid giving recorded statements: Insurance companies representing the rideshare company or other parties may try to get recorded statements from you. It is preferable that you don’t provide them any as the statements can be used against you later.
- Contact an experienced rideshare accident attorney: These types of accidents can be extremely stressful to deal with since there are so many parties involved. Working with an experienced attorney can relieve stress and help ensure you receive the maximum compensation available.
Remember, the sooner you take action after a rideshare accident, the better your chances of preserving crucial evidence and protecting your legal rights. Next, we’ll explore the liability of the rideshare company itself.
Rideshare Company Liability
These rideshare companies have different requirements, classifications, and liability levels depending on a number of factors.
Employment Status of Drivers
One key factor in determining liability in a rideshare accident is the employment status of the driver involved. Rideshare companies like Uber and Lyft classify their drivers as independent contractors rather than employees, which can limit the company’s liability.
Since drivers are classified as independent contractors, rideshare companies often argue that they are not responsible for the actions of these drivers. Despite this classification, there have been cases where courts have found rideshare companies liable for accidents caused by their drivers, particularly when the companies failed to screen drivers or enforce safety standards adequately.
Insurance Requirements
Texas has specific insurance requirements for rideshare drivers and companies. Rideshare drivers must maintain personal auto insurance that covers them when driving for personal reasons. However, personal auto insurance policies often exclude coverage if the driver is driving for ridesharing.
To address this gap, rideshare companies like Uber and Lyft provide liability insurance coverage for their drivers. The coverage levels and periods vary depending on the company and the driver’s status:
- App On, No Passenger: When the driver has the rideshare app on and is awaiting a ride request, the company’s liability coverage may kick in if the driver’s personal insurance is insufficient.
- En Route to Pick Up: Once a driver accepts a ride request and is on their way to pick up a passenger, the rideshare company’s higher liability limits apply.
- Passenger on Board: When a passenger is in the vehicle during the ride itself, the rideshare company’s highest level of liability coverage is in effect.
It’s important to note that these insurance requirements and coverage levels can change, and the specific details may vary between rideshare companies.
Determining Liability in Rideshare Accidents
Now that you understand the different levels of liability for the rideshare company, here is further information on determining the liable parties.
- Negligence by the rideshare driver: Actions constituting negligence by the driver include distracted or reckless driving. Anything from speeding to running red lights can result in the driver being liable. However, if the driver exhibits these behaviors while driving for the rideshare company, the company itself has the potential to be at least partially liable.
- Negligence by the Rideshare Company: If the rideshare company fails to properly screen its drivers, provide adequate training or safety policies, or allow unsafe vehicles on the road, it can be found liable for accidents.
- Third-Party Liability: Third parties that may be liable include other drivers who caused a collision, vehicle manufacturers if their equipment is defective, or even the government for poorly maintained roads or signs.
Liability often comes down to which party’s negligence directly caused or contributed to the accident and resulting injuries. Our experienced lawyers investigate to determine all potential sources of liability to maximize compensation.
How The Payne Law Group Can Help
Rideshare services provide convenient transportation, but victims need to be aware of their rights and options for holding negligent parties accountable when accidents occur. Rideshare companies have intricate policies and insurance requirements designed to limit their liability.
Our experienced team of attorneys can navigate these complexities on your behalf. We are committed to recovering the most compensation available and ensuring your health and well-being. If you’ve been in a ridesharing accident in the Bryan and College Station area, don’t hesitate to take legal action. Contact us today for a consultation.