Rideshares have grown in popularity throughout the country and in Hammond, IN. It is no surprise. Services such as Lyft and Uber provide users an efficient, cost-effective, and friendly way to get from here to there. However, like any time you step into a car, being a passenger in a rideshare comes with its own set of risks. When a rideshare driver causes an accident or if their vehicle is struck by another car, an injured passenger might be unsure of their legal rights or remedies. Who could be held liable?
Who should be held liable for your injuries if you were hurt in an Uber or Lyft accident depends on many factors. Most importantly, who caused the crash. Our experienced Hammond, IN Uber and Lyft accident lawyers have the resources, expertise, and staff to thoroughly investigate your accident.
While many car accident cases are straightforward, it is a misconception that you will receive the compensation you deserve without understanding the facts surrounding your unique crash. At Wruck Paupore, we know that accidents involving rideshares present additional challenges. Call (219) 322-1166 to review your case and legal options.
There are several reasons why rideshare drivers present an additional risk to their passengers and other drivers and pedestrians. Many of these directly result from the nature of the rideshare business. Our Hammond, IN Uber and Lyft accident attorneys are familiar with the additional difficulties present when a rideshare driver is involved in a car wreck.
Uber and Lyft drivers are often minimally vetted for their job. Driving passengers through unknown or unfamiliar areas requires a particular level of skill and concentration. While both companies have a vetting process in place, it does not always ensure that the best possible drivers are working for the company. Furthermore, Uber and Lyft drivers are not required to undergo any special training. Therefore, unqualified drivers might be on the road working for each company.
Both companies limit the hours their drivers are supposed to work. However, to earn more money, many Uber and Lyft drivers ignore this prohibition. Other drivers will work within the prescribed time limit but will drive late into the evening after working another job. As a result of this conduct, some drivers are on the road while dangerously exhausted or sleepy. Additionally, to maintain these long hours, some drivers might eat, text, or even watch a video while in their vehicle.
To help combat exhaustion, some Uber and Lyft drivers will turn to chemical substances to keep them awake. While this might diminish the tiredness, it will impair their other cognitive and physical abilities.
Distracted driving is dangerous under the best of circumstances. However, an important part of the rideshare business model is the app drivers rely on to book rides, find passengers, and locate destinations. Because they rely on their apps, many drivers are watching the GPS map or communicating with potential passengers while driving.
Finally, many rideshare drivers spend a significant amount of time on the road, traveling through congested areas. This time only increases the probability of being involved in a collision or accident.
The primary question after a car accident is, “who should be held responsible?” When a rideshare driver is involved, this question becomes more complicated. Depending on what happened, several parties and insurance carriers could be held accountable.
Who caused the accident is a critical element. Rideshare drivers are required to carry their own auto insurance. If your Uber or Lyft driver were at fault, your claim would likely be against them and their insurer. When another driver is to blame, their insurance company should cover your damages.
In addition to the insurance Uber and Lyft require of their drivers, both rideshare companies carry additional insurance to cover injured passengers. However, this coverage only goes into effect if the driver’s insurance does not cover your damages. Furthermore, the driver’s status will impact what level of coverage comes into play.
One major point of contention in a rideshare accident case could be the driver's status at the time the accident occurred. For example, if the driver is on the road but not logged into their app, neither Lyft nor Uber’s secondary insurance coverage will be available.
A rideshare driver could be logged in but not engaged in either picking up or transporting a passenger. Under these facts, insurance coverage is available, but it is limited. An injured passenger or another driver might be eligible for $50,000 of insurance coverage per injured person or $100,000 for the entire accident claim.
For the greatest amount of insurance coverage to be available, the Uber or Lyft driver must have accepted a ride request or have been transporting a passenger or passengers to their destination. In this case, an accident victim could receive up to 1 million in additional coverage.
This additional coverage is not available unless the driver’s insurance does not cover your damages. Our Hammond, IN Uber and Lyft accident lawyers will have to establish the driver’s status at the time of the crash and provide evidence to support your claim, including evidence of your financial losses and your emotional and physical suffering.
You do not want your attorney treating a rideshare accident like an ordinary car crash case. There are many differences, challenges, and elements that will impact your potential compensation. Our team of Hammond, IN Uber and Lyft accident lawyers bring years of experience and significant resources to your fight. Call (219) 322-1166 to schedule an appointment at the law offices of Wruck Paupore.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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