Holding Negligent Drivers Accountable in Rideshare Accidents

The world of transportation has changed drastically with the arrival of rideshare services like Uber and Lyft. This has brought about convenience but also new situations, especially when accidents happen. If you’re in Scottsdale and ever find yourself needing legal help after a rideshare accident, knowing what to do and who to contact can make all the difference. Finding a qualified rideshare accident lawyer in Scottsdale, AZ, is vital for protecting your rights.

Back in 2015, only a small portion of Americans, about 15%, had used rideshare services, according to the Pew Research Center. Fast forward just three years, and that number had more than doubled, reaching 36% by the fall of 2018. It’s no surprise then that, during that year, Uber alone saw a surge in rides, reporting nearly 4 million Uber trips. This widespread adoption of ridesharing, while offering convenience, has unfortunately brought with it a rise in accidents involving rideshare vehicles.

The Aftermath of a Rideshare Accident

Rideshare accidents, much like traditional car accidents, can lead to serious injuries and complex legal situations. What makes these cases different are the additional factors to consider regarding liability, insurance coverage, and the question of whether an Uber driver is an employee or independent contractor. Victims of a vehicle accident should seek out a qualified accident attorney right away.

Determining Liability: Is it the Rideshare Driver, Another Driver, or Both?

When an accident occurs, establishing who is at fault is crucial for seeking compensation. An accident lawyer will work to determine who is liable for the accident and the resulting injuries. Sometimes, a rideshare accident lawyer in Scottsdale, AZ, might deal with cases where the rideshare driver is at fault—maybe due to distracted driving, speeding, or breaking traffic laws. In these cases, you would typically seek compensation from the ridesharing company’s insurance carrier.

There are also cases where the fault lies with another driver entirely. The other driver might be at fault if they ran a red light, were driving recklessly, or were under the influence. This makes their insurance company the one you’d primarily deal with. However, things can get complex. Some situations involve both the rideshare driver and another driver sharing the blame. For example, a Lyft driver might be speeding while another driver makes an unexpected turn, leading to a collision. This scenario, involving shared fault, often leads to legal complexities regarding the percentage of responsibility assigned to each driver.

An example of this played out in a case in Tempe, Arizona, where a rideshare driver, distracted by their phone’s GPS, rear-ended a car that had stopped abruptly. Both drivers were found partially at fault, with the rideshare driver deemed more responsible due to distracted driving. This accident resulted in the passenger sustaining injuries. This is a perfect example of when a Scottsdale rideshare accident attorney is necessary after a Scottsdale car accident.

Rideshare Insurance Policies

Understanding rideshare insurance is a vital part of any accident attorney’s job in Scottsdale, Arizona. These policies differ significantly from standard car insurance and can vary greatly depending on the driver’s status at the time of the accident—were they actively on duty with a passenger, or simply logged in and awaiting a ride request? A personal injury lawyer can help you understand what your insurance provider will cover and what they won’t.

Both Uber and Lyft offer a $1 million maximum insurance policy to help pay for any bodily harm while on duty. The complexities of rideshare insurance come from these varying levels of coverage that Uber and Lyft provide. This depends on the driver’s status at the time of the accident. Here’s a simple breakdown:

Knowing when this higher coverage kicks in is critical for building a strong case. An injury law firm can help you understand how much coverage you should be getting.

Independent Contractors or Employees? The Significance

Determining whether a rideshare driver is classified as an independent contractor or an employee can significantly impact how liability is determined in your case. If drivers were employees, rideshare companies could be held vicariously liable for injuries caused by their negligent drivers. This concept, called “respondeat superior,” would make the company directly responsible for their employee’s actions. However, most states, including Arizona, have laws that define rideshare drivers as independent contractors.

While this classification benefits the companies by absolving them of direct employer responsibility, it can leave those injured in accidents in a tricky spot. This is because holding a company accountable for the actions of an independent contractor becomes far more challenging. It’s more common for people to experience Lyft injuries than most realize. That’s why speaking with a Lyft accident lawyer is so important after an accident, as a Lyft accident lawyer can help you understand if you have a case.

The Importance of Gathering Evidence

It’s crucial to gather this evidence as soon as possible after the accident occurs. Imagine being involved in a rideshare accident. Your first priority is safety—call 911 if needed and seek medical attention if injured. Arizona law requires drivers to report an accident that results in injury or death or causes more than $2,000 in property damage. Once those immediate needs are met, start gathering evidence, if you’re able:

• Contact Information: Obtain the contact and insurance information from all parties involved, including the rideshare driver and any other drivers.
• Photos and Videos: Take photos of the accident scene, vehicle damage, injuries, and even weather conditions if relevant. If possible, get video footage, too. This visual documentation can be very powerful in supporting your claim.
• Witness Statements: If any witnesses are present, try to get their contact information and a brief statement of what they saw. Witness testimony can provide crucial impartial perspectives.
• Police Report: Obtain a copy of the police report. This official document details the officers’ findings and any citations issued.
• Medical Records: Keep a record of all your medical treatment, receipts for expenses, and document your injuries and pain levels. This will help prove damages and justify medical expenses later on. This documentation will also help when seeking compensation for things such as lost wages and diminished earning capacity.

When is a Rideshare Accident Lawyer Necessary?

While some rideshare accident cases might seem straightforward, they often involve navigating intricate legal concepts and dealing with insurance adjusters who are skilled at minimizing payouts. This is when a rideshare accident lawyer in Scottsdale, Arizona, becomes invaluable. A knowledgeable lawyer like Brad Lakin can be beneficial after a rideshare accident in several ways:

• Understanding Insurance Policies: Rideshare insurance policies have specific clauses and limitations. A lawyer can help interpret the policy language, ensuring you receive the maximum coverage possible. For example, your lawyer can determine when the rideshare company’s higher coverage limit is triggered and fight to make sure that’s used for your claim.
• Gathering Evidence and Building a Strong Case: Lawyers have experience gathering evidence, such as police reports, witness statements, and even accident reconstruction if necessary, to solidify your case’s strength.
• Negotiating With Insurance Companies: Insurance adjusters work for their companies, aiming to minimize payouts. A lawyer acts as your advocate, protecting your best interests and ensuring fair compensation. They will negotiate aggressively to maximize your settlement, preventing you from being taken advantage of.
• Representation in Court (If Necessary): While many rideshare accident cases get resolved through settlements, sometimes litigation is necessary. A skilled rideshare accident lawyer in Scottsdale, Arizona, can represent you effectively in court, advocating for your rights, and arguing your case persuasively. Your lawyer can argue for compensation for pain and suffering, emotional distress, and more.

If you’ve been injured in a rideshare accident and are considering legal action, acting promptly is important. Another critical element governing all personal injury cases is the statute of limitations. In Arizona, the statute of limitations for filing a claim following a rideshare accident is two years from the date of the accident. After that two-year mark, pursuing compensation for your injuries and losses, even if the accident wasn’t your fault, becomes extremely difficult, if not impossible. Consulting with accident attorneys in Scottsdale promptly ensures your rights are protected and that you meet important deadlines. A lawyer can review the details of your case and help you understand your legal options and the best course of action.

FAQs about Rideshare Accidents

What if I was partially at fault for the accident? Can I still recover compensation?

Yes, Arizona follows a comparative negligence law. This means that even if you were partially at fault, you might still be eligible for some compensation. The amount would depend on your percentage of fault as determined by the court. Speak to an accident attorney in Scottsdale to learn more about your rights. For example, maybe you were a passenger, not wearing a seat belt, and the car accident resulted in injuries. You may still be able to recover some form of compensation. Or, say you are involved in a Scottsdale Uber accident. Because you were not wearing a seatbelt, the insurance company wants to deny you coverage. You need a qualified Scottsdale Uber accident lawyer on your side to fight for your rights. A free consultation can give you an idea of whether or not you have a case.

I wasn’t injured in the accident, but my car was damaged. Can I still hire a lawyer?

Absolutely. A rideshare accident lawyer in Scottsdale, Arizona, can help you navigate property damage claims too, ensuring the rideshare company or at-fault driver’s insurance properly covers your repair costs. It is not uncommon to have to deal with an uncooperative insurance company that is only interested in paying you as little as possible. An Arizona Uber accident lawyer will deal with the insurance company so you don’t have to.

Legal Help Is Available

In the complex landscape of rideshare accidents, knowing what to do after an incident and when to seek legal help can significantly impact your path to recovery. Having a dedicated rideshare accident lawyer in Scottsdale, AZ, on your side is crucial. They act as your advocate, level the playing field against insurance companies, and work towards getting your life back on track after an accident. By understanding the factors that make rideshare accidents unique and taking prompt action, you can ensure the best possible outcome. Law firms with experience in personal injury law, like SL Chapman Trial Lawyers, are standing by to take your call and answer any questions you may have. Don’t delay—the sooner you act, the better your chances of recovering the compensation you deserve.