While ridesharing vehicles might be a bit different than the average car on the road, drivers should still be held accountable when they cause crashes. Liability issues can be complicated, and you should ask a lawyer for assistance.
In any car accident case, injured plaintiffs are tasked with identifying the person or parties they believe are liable for the accident. In accidents with Uber or Lyft vehicles, this usually includes the drivers. However, suing Uber or Lyft is typically not an option. To prove the defendant is liable, we need evidence. Data from ridesharing apps, witnesses, and traffic cameras or dashcams should be investigated. Your damages revolve around losses and painful experiences. While some damages can be calculated based on monetary costs, others are more subjective.
If you were in an Uber or a Lyft crashed into you, call our Uber and Lyft accident attorneys at (219) 322-1166 and schedule a free case evaluation with the team at Wruck Paupore.
One of the first things you will likely be asked is who caused your accident. Since drivers must remain at the scene until the authorities arrive, and they typically exchange information, many plaintiffs know who hit them. However, they might not know the identities of other possible defendants.
After a crash with a Lyft or Uber driver, that driver should be held responsible for causing the accident. Many such accidents result from drivers hurrying to pick up and drop off as many passengers as possible. The more trips they complete, the more they get paid. This is a big incentive to speed and drive recklessly.
There might be other drivers whom you should hold responsible. For example, if the collision involved multiple vehicles, other drivers might have contributed to the accident. However, it might be hard to know who contributed to the crash and who was another victim. You and your attorney can work with law enforcement to investigate the situation and determine who should be held liable.
Generally, if someone is injured by a negligent employee on the job, they can sue both the employee and their employer. Unfortunately, this rule often does not apply to Uber or Lyft drivers. Contrary to what many people believe, these drivers are technically not employees of the ridesharing companies. Instead, they are independent contractors.
Since Lyft and Uber drivers are in charge of their hours, where they drive, and how often they drive, they are not legally considered employees, and the company behind them is shielded from liability in many cases. However, there is often substantial insurance from which to recover for your injuries, and some cases as much as $1,000,000. Contact us and we can review how much insurance is likely available in your situation.
You should discuss with your attorney the possibility of other liable parties. Each accident is unique, and numerous factors, conditions, and parties might be involved in how the accident happened. For example, perhaps the Uber driver crashed into you because their brakes failed. In such a case, you might have a claim against the manufacturer of the defective brakes.
Another possibility is that your accident happened because the government poorly maintained the road. In such a case, you might be able to sue the governmental authorities in charge of maintaining the roads. Be warned that suing the government is not easy, and many legal hurdles must be overcome. Call a lawyer immediately if you believe the government should be held liable.
Proof of your claims is paramount to your case. As the plaintiff, you have the burden of proof in your civil case. We must prove your claims by a preponderance of the evidence, meaning we must show it is more likely than not that the defendant is liable for the accident. Finding proof is tricky, and your attorney can guide you in your search.
We should investigate obtaining records or data from ridesharing apps used by the defendant. This data might tell us whether the driver was engaged with a rider, their geographic location before, during, and after the crash, and how quickly they had completed previous trips. While some of this information might not prove anything, it might include important pieces of a larger puzzle.
There might be numerous potential witnesses to your accident. Perhaps some other drivers or passengers saw the crash. Maybe pedestrians on the sidewalk saw the whole thing. We should find anyone who has seen the crash or has information about the accident. Their testimony might be invaluable to your claims.
If available, video evidence of the accident can be extremely powerful. Footage from traffic cameras or dashcams might show us exactly how the accident happened. It might even show us how the defendant was behaving negligently. Video evidence is not always available, but it is worth looking into.
Your damages determine what kind of compensation you might receive at the end of your case. Auto accidents can involve significant injuries, and you might lose a substantial amount of money. Not to mention, many accident victims suffer severe mental distress.
Your damages are unique to your situation. Since accidents can be very unpredictable, it makes sense that damages are similarly uncertain. Many of your damages will be tied to the money you spend or lose after the crash. Medical bills and vehicle repairs are very expensive, and you should account for these losses in your damages calculations. If you cannot work while you recover from your injuries, you should also claim any income you lose.
Damages rooted in emotional or psychological distress are more subjective, but they are often worth even more in the eyes of a jury than your economic losses. The more the accident affected your life – mentally, physically, and otherwise – the more compensation you should receive.
Call our Uber and Lyft accident lawyers at (219) 322-1166 to set up a free case review with us at 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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