Uber and Lyft have changed the way we travel, with convenience and accessibility at our fingertips. But when an accident involving rideshare drivers happens, passengers, pedestrians, or other drivers can be left with serious injuries and a lot of questions about who is liable. In North Carolina, figuring out who is responsible for the damages in a rideshare accident—the driver, the rideshare company, or someone else—is tricky.
In this post we’ll break down the complexities of establishing driver negligence, insurance coverage, and how working with a rideshare accident lawyer in Raleigh can get you the compensation you deserve.
Determining Liability in Rideshare Accidents
Accidents involving rideshare vehicles can make figuring out who is liable complicated. Liability involves multiple parties—the rideshare driver, the rideshare company, and sometimes other drivers or pedestrians. Understanding how these pieces work together is key to a successful claim.
Rideshare Driver’s Responsibility
The rideshare driver is considered an independent contractor. But they are still expected to follow the traffic laws and operate their vehicle safely. If a driver is negligent—such as speeding, distracted driving, or driving under the influence—they can be held liable for the accident. In that case the injured party can file a claim against the driver for damages based on driver negligence.
Rideshare Company’s Liability
Rideshare companies like Uber and Lyft can also be liable in certain situations. If the driver was on duty and using the app at the time of the accident, the company can be responsible for the driver’s actions. This is especially true if driver negligence can be tied to company policies or practices. For example, if a rideshare company doesn’t do proper background checks or training for their drivers, they could be held responsible for the accident.
Third Party Involvement
In some cases other drivers or third parties may be involved in the accident. If another driver caused the crash, they may be fully or partially liable. This can complicate the claims process as multiple insurance companies will be involved. You need to gather evidence and witness statements to establish fault clearly. Having a knowledgeable attorney to negotiate with the insurance company can ensure that your rights are protected and that you receive fair compensation for your injuries.
Contributory Negligence in North Carolina
North Carolina follows the doctrine of contributory negligence, which means if you are found to be even 1% at fault, you can’t recover. So liability is even more important. Working with a rideshare accident lawyer can help you navigate these complexities and get the compensation you deserve.
Understanding the Status of the Rideshare Driver
When it comes to rideshare accidents, the status of the driver is key. Rideshare drivers are considered independent contractors, not employees. This has big implications for liability and damages in the event of an accident.
Independent Contractor vs. Employee
Rideshare companies like Uber and Lyft classify their drivers as independent contractors. This means they use the company’s app and branding but are not considered employees. As independent contractors, the drivers have more flexibility but also more limitations when it comes to liability. If a driver causes an accident while actively driving for a rideshare service, the company may be liable. But if the driver is off duty or using their vehicle for personal reasons, the rideshare company may not be liable for the damages.
Driver Status in Legal Claims
Whether the driver was on duty during the incident is key to a valid claim. If the driver was logged into the app and waiting for a ride request, that may strengthen your case against the rideshare company. If the driver was not engaged with the rideshare platform at the time of the accident, proving driver negligence may be harder.
Insurance Coverage
The status of the rideshare driver also affects insurance coverage. Rideshare companies are required to have liability insurance that covers drivers while they are on the app. This insurance may cover injuries from an accident. But if the driver is off duty, their personal auto insurance policy may be in play instead. Understanding these coverage details is important to know how to pursue compensation for your injuries and file an insurance claim.
Insurance Requirements for Rideshare Companies
Rideshare companies like Uber and Lyft have specific insurance requirements that are important to know if you are in an accident. These requirements can impact your ability to file a claim and get compensation for damages.
Rideshare Driver’s Insurance Coverage
When a rideshare driver is on duty, they must have liability coverage. This coverage protects passengers and other drivers in the event of an accident. In North Carolina, rideshare drivers are considered independent contractors, so they may not always have the same level of coverage as a traditional taxi driver. It is crucial to compile documentation, including insurance claims and information exchanged at the scene, to ensure a smooth claims process and protect the rights of victims seeking compensation.
Rideshare Company Policies
Rideshare companies have their own policies that supplement the driver’s coverage. These policies typically cover three stages:
- App On, No Passenger: When the driver has the app on but is waiting for a ride request, the rideshare company usually has liability coverage of up to $50,000 per person and $100,000 per accident for bodily injury and $25,000 for property damage.
- En Route to Pick Up Passenger: Once the driver accepts a ride request and is on the way to pick up a passenger, the liability coverage increases. The rideshare company usually has up to $1 million in liability coverage during this time.
- Passenger in the Vehicle: When the passenger is in the vehicle, the rideshare company’s insurance is usually $1 million for bodily injury and property damage, so there is more coverage for all parties involved.
Understanding Your Coverage
If you are in an accident while in a rideshare vehicle, you need to know what coverage applies. You may need to file a claim against the driver’s personal auto insurance and the rideshare company’s insurance policy. This can be tricky, especially if multiple insurance companies are involved.
Documentation
To file a claim, efficiently gather all documentation after an accident. This includes the rideshare driver’s insurance information, your own insurance details, and any police reports. Having this information handy will help you prove a valid claim for driver negligence.
Establishing a Valid Claim for Driver Negligence
When filing a claim for driver negligence in a rideshare accident, it is crucial to prove the injuries sustained. Knowing these points will help you build your case and get fair compensation.
Proving Driver Negligence
To prove driver negligence, you must show the rideshare driver did not act as a reasonable person would in the same situation. This means proving four points:
- Duty of Care: The rideshare driver had a legal responsibility to operate their vehicle safely and responsibly.
- Breach of Duty: The driver failed to meet this duty by being reckless or careless. Examples are speeding, distracted driving, or driving under the influence.
- Causation: You must show the driver’s breach of duty caused the accident and your injuries.
- Damages: Last, you must show the damages you suffered, such as medical bills, lost wages, and pain and suffering.
Gathering Evidence
Gathering evidence is key to proving driver negligence. This can include:
- Police Reports: Get a copy of the accident report filed by the police. This document will have important details about the accident and may show fault.
- Witness Statements: Get contact information from anyone who witnessed the accident. Their statement will support your claim.
- Medical Records: Keep all medical records related to your injuries. This evidence will back up your damages.
- Photographic Evidence: Take pictures of the accident scene, vehicle damage, and any visible injuries. Visual evidence is powerful.
Work with an Experienced Attorney
The legal process can be complicated. Hiring a law firm with an experienced rideshare accident lawyer can help you prove driver negligence by:
- Reviewing your case.
- Gathering the evidence.
- Handling the insurance companies for you.
- Representing you if needed in negotiations or court.
Contact an Experienced Raleigh Rideshare Accident Attorney Today!
If you’ve been injured in a rideshare accident and are unsure about your next steps, our team at NC Car Accident Lawyers is here to help. With extensive experience in handling rideshare accident cases, we can guide you through the legal process, determine liability, and fight to ensure you receive the compensation you deserve.
Contact us at 864-561-6247 today for a free case consultation!
