When you are using a rideshare app, the last thing you want to think about is what would happen in the event of a car accident. However, the reality is car accidents can happen at any moment. When you are the victim of a car accident during a rideshare program, you want to make sure that you receive the appropriate compensation.
To get “The Strong Arm” you need to fight for your compensation, contact John Foy & Associates and speak with a Canton personal injury attorney today.
Liability in Rideshare Accidents
There are several factors to consider when determining the liability of a rideshare car accident. These factors include:
- Whether the rideshare driver is responsible for the accident
- Whether the rideshare driver actively used the app at the time of the accident
- Whether there are other parties responsible or contributed to the accident
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Rideshare Accidents Caused by Uber and Lyft Drivers
When your rideshare driver is liable for an accident, you can pursue compensation from their auto insurance. Rideshare drivers can be held responsible depending on whether they were actively using the app. If the accident took place while the driver was not actively using the rideshare app or the driver was not logged in, the rideshare driver is liable for any accidents they cause.
Rideshare Accidents that Happen While the Uber or Lyft Driver Is Logged Into the App
However, if the driver was logged in while the accident occurred, the rideshare company can be held liable for your injuries. The rideshare company’s insurance policy could cover your accident if the driver were actively dropping you off. However, there are factors that rideshare companies use to determine what qualifies as “active” time for rideshare drivers.
Uber and Lyft hold $1 million commercial liability insurance policies for their drivers. These can be paid out in full to injured victims but are done so per incident and not per person. If there was more than one person injured in the accident, the money will need to be shared.
Rideshare Accidents Caused by Other Parties
If other drivers are responsible for the rideshare accident, you are allowed to pursue compensation from their personal auto insurance. These parties would also be known as “third parties” and can include other parties from another driver to a car manufacturer. Depending on the rideshare company’s policy, you may also have the option of pursuing compensation through the company’s third-party liability insurance coverage.
Additional Types of Coverage Provided by Rideshare Companies
In addition to third-party liability insurance coverage, some rideshare companies offer additional coverage for drivers who may not be insured or underinsured. However, this type of coverage is limited and dependent upon whether the rideshare driver is at fault. Some rideshare companies offer uninsured or underinsured motorist coverage with limited coverage to the injured passenger if the driver is not at fault or underinsured.
Ridesharing Endorsement Policies
Some rideshare drivers may also carry additional coverage due to the limited coverage from rideshare companies. These rideshare endorsement policies cover rideshare drivers for any property damage and liability they may endure from a rideshare accident. However, some states do not recognize these endorsement policies, and drivers may only be covered based on certain periods of the ridesharing experience.
How Rideshare Companies Attempt to Avoid Liability
Regardless of whether the rideshare driver was liable for the accident or not, rideshare companies will use all types of methods to prevent you from seeking the type of compensation you deserve. One way is through the independent contractor status they use to classify their drivers. Because rideshare companies classify their drivers as independent contractors, this status prevents rideshare companies from being held liable for the actions of rideshare drivers.
Why do These Classifications Matter?
If an employee of a business injured you, you would have the option of filing a personal injury claim against the company. However, because many rideshare companies classify their drivers as independent contractors, rideshare companies cannot be held liable for their drivers’ actions. It would help if you chose – based on the circumstances of your accident – between holding the rideshare driver, another party, or rideshare company liable.
Fatal Accidents in Georgia in 2020
According to the Georgia Department of Transportation (GDOT), the number of car accidents in 2020 was 331,796. Of those 331,796 car accidents, 1,588 were fatal. Unfortunately, the numbers increased the following year. The first six months of 2021 saw a 20% increase in fatal car accidents.
Compensation for a Rideshare Accident
Even under a rideshare program, the chances of a car accident happening are not zero. If you find yourself experiencing a rideshare accident in Canton, you want the best legal representation on your side when fighting against these large corporations. An accomplished rideshare accident attorney in Canton has the perfect combination of expertise and dogged determination to represent our clients.
Our Canton rideshare accident lawyers can help you receive several types of compensation—one of which is medical expenses. Depending on the nature of your injuries, you may have to pay for medical care, physical therapy, and additional medical services in the future.
Another type of compensation you are entitled to is lost wages. Your injuries can prevent you from earning a living or working your occupation comfortably and efficiently. In some cases, you may never be able to return to your career again.
Another form of compensation you can pursue is emotional distress. Car accidents, in general, are traumatic, and you are at risk of suffering from mental and emotional trauma months and even years after the accident has happened. You can suffer from mental disorders like post-traumatic stress disorder, depression, and anxiety.
Get Help From a Rideshare Accident Lawyer in Canton
If you or a loved one have been the victim of a rideshare accident, you deserve to receive the appropriate compensation and not what the rideshare company feels you deserve. Our Canton rideshare accident lawyers at John Foy & Associates are ready and willing to help you recover from your damages and get justice.
Call our office, or complete our contact form to schedule a free consultation. We are available 24/7 to assist.