What If the Vehicle that Caused My Accident Injuries Was an Uber or Lyft?
In Louisiana, more and more people are using Uber, Lyft, and other rideshare services to get around. So it shouldn’t come as any news that car accidents involving rideshare drivers in Louisiana are increasing.
In general, rideshare drivers aren’t any worse than any other drivers out on the roads. However, due to the special demands of their job, these drivers may be tempted to exceed the speed limit, drive even when they’re drowsy, or be distracted by responding to calls to obtain riders. This increases the odds of a careless mistake that could lead to an accident. They don’t receive any special training when they sign up with the rideshare app. And drivers are responsible for maintaining their own vehicles.
If you’ve suffered car accident injuries that were caused by the negligence of an Uber or Lyft driver, you have the same rights as you would during any other car accident. This includes the right to seek compensation for any damages not covered by your personal auto insurance policy, including medical expenses, lost wages, and pain and suffering. But who do you seek this compensation from? The rideshare driver’s insurance company, or the rideshare company?
In Most Cases, the Rideshare Driver Is Responsible for Your Damages
In most instances, you would first file a claim with the rideshare driver’s auto insurance company. Why? Unlike FedEx or UPS drivers who are employees of those companies, rideshare app drivers are considered independent contractors. This means that in most cases, the rideshare companies may not be liable for the damages caused by any accidents their drivers are involved in.
What Should I Do after a Rideshare Accident?
Immediately following your accident, you should take several steps:
- Seek medical attention.
- Report the accident to the police.
- Consult with an experienced New Orleans personal injury attorney.
The sooner you have a rideshare accident attorney working on your case, the better. Gathering the evidence to support your claim can be a challenge, as can negotiating with the rideshare driver’s or the rideshare company’s insurance company to obtain a cash settlement amount that fully compensates you for your injuries. Your New Orleans auto injury lawyer will also determine all the parties that share liability for your accident injuries: the Uber or Lyft driver, the rideshare company, or a third party.
Situations Where the Rideshare Company May Be Responsible for Your Damages
In some instances, the drive share company may share blame for the accident. For example, the company may knowingly have hired a driver with a bad driving record or other problems. To collect compensation in these situations, you’ll first have to prove that the driver was on duty when the accident occurred. A driver is considered on duty when they:
- Have the rideshare app on and are available to transport passengers;
- Are driving with a passenger or on their way to pick one up;
- Researching directions for a ridesharing journey; or
- Checking the app about a prospective customer.
In addition, a third party may share responsibility for your accident. A third party can include the manufacturer of a defective part that played a part in causing the accident.
JJC Law is Here to Help After Car Accident Injuries Caused by Uber or Lyft Driver
JJC Law is dedicated to protecting clients in New Orleans and Louisiana who suffered car accident injuries that were caused by the negligent actions of another, including Uber or Lyft drivers. We have the experience and resources to fully investigate your accident, identify the party or parties who are responsible for your injuries, and negotiate to get you a settlement that provides you with the compensation you deserve for your damages.
If you’ve been injured in a rideshare car accident in New Orleans or Louisiana, contact the JJC Law as soon as possible to discuss your case.