In the aftermath of a Lyft or Uber accident, our attorneys can help you organize and prepare the necessary information to initiate a successful compensation claim in Mishawaka.
Rideshare accident and injury claims are somewhat confusing, as Uber and Lyft are rarely liable, even though these companies employ drivers. Rideshare drivers typically act as independent contractors, shielding the companies from liability. Victims can still pursue compensation against reckless or negligent drivers in Mishawaka and should do so soon after an accident takes place. Our attorneys will help document your losses and track them to calculate the true value of your claim.
For a free case assessment from Wruck Paupore, call our Mishawaka, IN Uber and Lyft accident lawyers now at (219) 322-1166.
When injured as rideshare passengers in Mishawaka, victims typically cannot pursue claims against companies like Uber and Lyft despite these companies employing the rideshare drivers responsible for accidents.
Although employers might be vicariously liable for the negligent actions of their employees, this does not apply to most rideshare injury claims. Uber and Lyft hire independent contractors instead of regular employees. Drivers use their own cars, set their own hours, and are their own managers, so to speak. Because of this distinction between independent contractors and regular employees, rideshare companies cannot be sued for accidents in most cases.
That said, Lyft and Uber maintain third-party liability insurance in case of accidents. Varying limits apply, depending on the exact circumstances of the incident. Our Uber and Lyft accident lawyers may have to review information pulled from the rideshare app to confirm whether or not the driver was logged in and was officially completing a ride. These factors dictate payouts in some cases.
For help making sense of the accident scene, you should call the police immediately. Officers can collect the driver’s information, such as their name, insurance, and employer’s details, and include it in the police report. Officers will do the same for any other drivers involved.
Sorting out any issues or complexities with your specific case early on is crucial, as you will have just two years to bring a case against a negligent Uber or Lyft driver in Mishawaka, according to I.C. § 34-11-2-4(a).
After reviewing photos from the accident site, the police report, eyewitness statements, and physical evidence, we can ascertain whether the rideshare driver initiated the accident or another driver is to blame. We can then prepare your claim accordingly after identifying the negligent party.
Accurately documenting damages from an Uber or Lyft accident is crucial, as you must provide proof of your losses to recover compensation. As we prepare your case, our attorneys can carefully organize records proving your various damages from the incident.
The most immediate damages from motor vehicle accidents are medical costs. Rideshare passengers might sustain any number of injuries that need emergency treatment, including fractures, head injuries, and crushing injuries. Whiplash, a soft tissue injury common in rear-end accidents, also requires medical attention.
Give a copy to our lawyers each time you receive a bill or charge related to your treatment. We can keep a running tab of all reasonable medical expenses, including surgeries, prescription medications, physical therapy treatments, and more. Along with documenting your medical damages, our lawyers can organize your medical records, which will be essential evidence in your claim against a negligent Lyft or Uber driver. Your medical records should correspond with medical bills, further cementing your injuries and damages from the accident.
When victims’ injuries require months or years of treatment, they may recover damages for future medical expenses. To support this request, we may get medical experts to give statements explaining the additional care you will need after your claim concludes in Mishawaka.
Injuries, even minor ones, might delay a victim’s return to work following a rideshare crash in Mishawaka. Serious injuries might require long-term hospitalization, further extending a victim’s time away from work. Furthermore, some injuries permanently reduce victims’ earning capacities, affecting their incomes for the rest of their lives.
To address the issue of your lost income, we can refer to your employment history, source information from your employer, and review your recent tax returns to calculate missed wages. If necessary, we may enlist medical experts to testify about the permanent nature of your injuries to ensure you recover compensation for future lost wages as well. If doctors instruct you not to return to work because of your injuries, heed their advice.
Other compensable economic damages include various out-of-pocket expenses associated with an incident due to negligence. For example, if you incur transportation costs going to and from the hospital throughout your physical recovery, those are compensable. The same applies to in-house medical care or assistance, necessary home modification costs, and other expenses, like childcare costs. Even minor costs that seem insignificant or unrelated to the incident could add up over time, so inform our lawyers of all incurred expenses following the accident.
Non-economic damages can compensate victims for physical and emotional pain and suffering, physical impairment, mental anguish, emotional distress, and other non-financial losses caused by motor vehicle accidents in Mishawaka. Victims might continue to incur non-economic damages for many months after an accident or forever if they have permanent injuries.
Calculating non-economic damages is a more complicated process, as these damages are subjective. Victims may give statements explaining their reduced quality of life since a crash or the changes they have had to make to accommodate their injuries. Indiana does have a rule prohibiting uninsured drivers with previous violations from recovering non-economic damages against a negligent driver, according to § 34-30-29.2-3. However, many victims do not have to be concerned about this. Indiana does not limit non-economic damages in Uber or Lyft injury claims, and recoveries are based on victims’ specific injuries and personal experiences of pain and suffering.
Call Wruck Paupore’s Uber and Lyft accident lawyers for a free case review at (219) 322-1166.
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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