Liability means the person who causes an accident and is fully responsible. In relation to ridesharing accidents, liability can be confirmed by determining whether the rideshare driver was at fault for the accident, whether the rideshare driver was using the app while they got into an accident, and whether there were other parties involved in the accident, or that may have played a role in causing the accident. Continue reading to learn more about determining liability in these types of accidents and when to hire a rideshare accident attorney.
Liability in Rideshare Accidents
A car accident lawyer can determine what driver was at fault for the accident and help you receive compensation if you were injured. But first, you must determine whether the rideshare driver was actively working at the time of the accident. Rideshare companies must cover their drivers with insurance to cover any accidents.
Liability for rideshare accidents can be determined depending on the circumstances surrounding the incident.
- The rideshare app is not on and the driver is logged off: If the driver has not logged on to the rideshare app, this means that he hasn’t begun working yet. If the driver is actively driving but not using the app and still gets into an accident, the rideshare company will not be responsible for any accidents that the driver causes. In this case, the rideshare driver will have to depend on his own insurance company for protection.
- The rideshare driver actively has the app on and is awaiting a passenger: The moment the rideshare driver turns on the rideshare app, the company is liable for accidents that may occur. However, if the app is turned on but the driver has yet to pick up a passenger, the driver’s personal auto insurance company may handle the accident claim.
- The rideshare driver is in the process of picking up or transporting a rider: If the rideshare driver is on their way to pick up a rider or actively transporting a rider, the ridesharing company will cover any accidents that may occur during this time.
Fortunately, if another driver causes a ridesharing accident, you may go after their insurance company to receive compensation if you are injured.
Types of Damages You Can Recover from a Ridesharing Accident
If you’ve been injured following a rideshare accident, you may be eligible to receive compensation if the person is held responsible for causing damages. Damages may be labeled as economic or non-economic.
Economic damages are damages that include emotional distress and pain and suffering.
Other damages that you may be eligible for are:
- Medical expenses: These expenses include physical therapy, ongoing medical care, occupational therapy, and medical costs in the future.
- Auto repairs: If your vehicle was damaged as a result of an accident, you may be eligible to recover compensation for auto repair expenses.
- Lost wages: If you missed work as a result of the accident, you may recover lost wages.
- Emotional distress: It is normal to experience emotional distress following an accident such as PTSD, anxiety, or depression.
- Pain and suffering: If you are experiencing ongoing pain following an accident, compensation for pain and suffering may be added to your claim.
Either way, an attorney can help you calculate all damages following a rideshare accident lawsuit.
Hiring an Attorney
Following a rideshare accident, an accident attorney can help you throughout the process of your case while you spend time recovering.
Attorneys can assist you with:
- Going over the police report
- Investigating the accident
- Communicating with first responders and witnesses
- Determining liability
- Filing a claim with your insurance company
- Handle settlement negotiations
- Represent you in court
