Determining who is at fault in a rideshare accident
Under normal circumstances, if you’re in a car accident caused by another person, that person is held legally responsible. But if the at-fault driver is driving for Uber, Lyft, or another rideshare company, figuring out what party is actually legally responsible is harder than it sounds. If you retain an Uber accident lawyer in Clayton, your attorney will be able to look closely at your case and help you determine who is at fault. Here’s a general look at when rideshare drivers, rideshare companies, and other drivers might be held responsible.
The rideshare driver
People who drive for Uber or Lyft aren’t thought of as employees. Instead, they’re independent contractors. This means that if the driver themselves is found to be liable for the accident, a Lyft accident attorney in Clayton will probably find that they need to file a claim against the driver instead of against the rideshare company. If you’re in a car accident and you get injured by another driver, there’s always a risk of the other driver not having insurance. That’s not the case with Uber and Lyft drivers. These rideshare companies cover their drivers with a $1.5 million insurance policy. In almost every case, that policy limit is enough to cover damages. If your damages are even greater than that, you might then file a claim against the driver’s personal insurance. However, every case is different. Your Uber accident attorney in Clayton will be able to look over the facts of your situation and help you determine what next steps you should take.
The rideshare company
Rideshare drivers are independent contractors, so Uber and Lyft are rarely responsible for accidents. However, there is an exception: when the rideshare company was somehow negligent. Usually, cases involving negligence have to do with the rideshare companies’ screening process. While drivers are generally legally responsible for their own actions, rideshare companies are legally responsible for hiring safe drivers who won’t endanger their passengers or other people on the road. Here’s an example. Imagine that a rideshare company skips a background check on an applicant. The applicant gets in a crash that seriously injures the passenger. During the discovery process, it is revealed that the driver has a history of reckless driving convictions. In this instance, the rideshare company may be partially liable. Had the company properly screened applicants, it would have known to exclude this driver for safety reasons.
An outside driver
Some rideshare-involved accidents are caused by rideshare drivers. Others are not. If you are a passenger in an Uber or Lyft and get in an accident where the other car is at fault, the rideshare company wouldn’t be held responsible. If an Uber or Lyft accident lawyer in Clayton takes your case, they probably will file a claim against the at-fault driver for damages. It’s important to realize that simply getting in a rideshare accident isn’t enough to guarantee that a lawyer will take your case. Personal injury attorneys usually only get paid if you win your case, so they need to make sure they have a decent chance of winning beforehand. If you’ve been in an accident, you should set up a consultation with an Uber accident lawyer in Clayton as soon as you can.
