Many people assume that using rideshare applications offers greater safety and protection than driving themselves. Unfortunately, this is not the case. Thousands of rideshare accidents occur every year due to the negligence of drivers and adverse road conditions.
If you suffered injuries while riding as a passenger in a rideshare vehicle or when a rideshare driver got into an accident with you, there is a chance that you are entitled to compensation from the driver or the rideshare company. To find out exactly what you are entitled to, speak to an Alpharetta Lyft accident lawyer from John Foy & Associates today.
Is Lyft Safer than Driving Your Own Vehicle?
No, Lyft and other rideshare applications are not safer than driving your own vehicle. Rideshare drivers are the same as any other drivers, as they are not required to acquire any special training or certifications to be featured on the application. While they may have significant professional driving experience due to the nature of the job, this does not mean that they are better drivers than anyone else on the road.
Get the strong arm
When Lyft Drivers Get into Accidents, What Happens?
You may have heard taxi companies take responsibility when accidents occur. Sometimes this is true. But, this is not the case with rideshare companies because they do not treat their drivers as actual employees.
Instead, rideshare drivers are considered third-party contractors, which absolves the rideshare company of responsibility for the drivers’ actions while working. When a crash happens, the rideshare company has the right to deny liability for any damages that occurred due to the incident. If they do, you must bring a suit against the driver themselves or any other at-fault party.
The only way to file suit against the rideshare companies and their insurers is to first go through the process of filing against the individuals who were directly involved in the accident. If those claims fail, then you may have a chance to pursue compensation from Lyft or another rideshare company. This grey area makes it incredibly difficult to recover maximum compensation in rideshare accident cases.
For this reason, your best bet is to enlist the aid of a skilled and experienced Lyft accident lawyer in Alpharetta before filing your claim.
Lyft’s Insurance Policy May Cover Your Driver
Although rideshare drivers are independent passengers, there is a chance you will not be compensated through the driver’s personal insurance. This is because companies like Lyft provide liability coverage that protects their drivers in some instances. These insurance policies typically have coverage limits ranging up to $1 million, so even in severe cases, you can get the compensation you are due.
There are rules to when this insurance coverage applies, though. In every instance, the rideshare driver must be actively using the application when the accident occurs to be covered by Lyft’s insurance policy. If they are using the application but are not either picking up a passenger or already carrying a passenger, the coverage is significantly smaller than if they were.
Under these circumstances, the coverage is as follows:
- $100,000 bodily injury coverage per accident
- $50,000 bodily injury coverage per person
- $25,000 property damage coverage per accident
To get the million-dollar coverage, drivers must be on their way to pick up a passenger or carry a passenger.
Determining Fault in Rideshare Accidents
Identifying which party was at fault in a rideshare accident is an important step toward recovering the compensation you are due. To determine who was at fault, you need to prove that either the rideshare driver or another party was negligent in their actions, causing an accident. Or, you must prove that another party was careless and did not consider your safety leading up to the accident.
There are four elements of evidence that must be considered when determining if someone was negligent in their behavior. These elements include:
Duty of Care
You must show that the person you claim is at fault owed you a specific duty of care. Legally, any person who uses a road owes a duty of care to other drivers, their passengers, and pedestrians who are using the road.
Breach of Duty
There is a reasonable standard of care that must be administered whenever someone is operating on the road. If you feel the duty of care was not upheld when the accident occurred, you have the right to file a claim based on driver negligence. Proving that this standard of care was breached allows you to show the insurance company or rideshare company that your rights were not considered, and that lead to an accident.
Knowing what caused the rideshare accident is also important. By determining the cause, you can show the courts that the breach of the duty of care is what caused the accident rather than another factor.
What you stand to recover from the at-fault party depends on your total damages. If you suffered losses due to the accident, those losses are defined as damages that you can be compensated for.
Total Compensation for Rideshare Accidents
Any Alpharetta Lyft accident attorney will tell you that they need exact details about the circumstances of your case to estimate how much your claim could be worth. Though, we can provide you with information about what types of damages you may be able to claim.
Some common damages recovered through rideshare accident claims include:
- Medical expenses
- Pain and suffering
- Loss of consortium
- Emotional distress
- Lost wages
- Lost opportunities
Contact a Lawyer for Help Today
By gathering evidence, a Lyft accident attorney in Alpharetta can estimate what your claim may be worth. Reach out to the lawyers at John Foy & Associates to find out more about the true value of your case. You can reach us by using the contact form on this page.