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Columbia, SC has Uber, Lyft and other rideshare platforms. Along with these rideshare services come accidents. Who is liable for a ridesharing accident? Can you file a rideshare accident lawsuit?
Shealey Law Firm explains ridesharing accident liability and claims in Columbia.
Understanding Liability in Rideshare Accidents
If you are in a car accident in an Uber or Lyft, you may receive financial compensation. In some ways, liability is the same as it is for other types of car accidents:
Ways Rideshare Accident Claims are the Same
- If you are the victim, you may receive financial compensation.
- You may claim for economic and non-economic damages.
- The same principles of fault and legal liability apply, except that the rideshare driver is evaluated as a reasonable Uber or Lyft driver under the circumstances.
- You must file a claim to receive compensation.
However, the complex nature of rideshare liability can make it difficult to know who is liable and how to file a claim.
Ways Rideshare Accident Claims are Different
- Rideshare companies advertise large insurance policies that may pay compensation.
- The party at fault is first responsible for paying compensation, whether that is the rideshare driver, another driver, or someone else entirely.
- It can be difficult to sort through the various allegations of fault, insurance policies, and promises to determine how to receive your compensation.
- Asking Uber or Lyft to pay compensation doesn’t preserve your rights; you must act within a certain time period to claim benefits.
- With rideshare companies seeking to uphold mandatory arbitration agreements, it can be hard to know what to do.
You can have a Columbia Uber accident lawyer represent you. Shealey Law Firm assists Uber and Lyft accident victims in understanding ridesharing accident liability claims in Columbia. We represent passengers, other vehicle occupants, pedestrians, and drivers.
Explanation of how Liability is Determined in Rideshare Accidents
Liability in rideshare accidents is determined by negligence. The actions of each party are evaluated based on what a reasonable person would have done in that situation.
For example, Anton hails Uber services from Bill. Bill takes Anton to the airport. It’s crowded at the departures drop off, so Bill tells Anton to disembark from the lane of travel, rather than pulling up to the curb. Anton attempts to disembark. Just then, Carlos drives past. He is speeding. He hits the open door and Anton. As a result, Anton suffers serious injuries.
In this situation, there may be multiple parties at fault for the accident. Bill may be liable for failing to find a safe place to stop the vehicle, and for directing Anton to disembark in an unsafe place. Carlos may be liable for speeding. The airport may be liable for a design that failed to allow for the safe flow of traffic.
To determine liability for the rideshare accident, the actions of each party are evaluated for reasonableness. What is reasonable will vary from situation to situation, so each case must be evaluated individually.
With liability determined, the next question is what insurance policies exist to pay compensation. The victim must identify their damages and approach the insurance companies to negotiate payment.
Immediate Actions to Ensure Safety and Document the Incident
Just like all accidents, the first consideration following a rideshare accident is ensuring your immediate safety. If necessary, move to a place of safety. Call emergency responders if there is a possibility that anyone is hurt. Remember that injuries may be masked in the immediate moments following a collision.
The priority is emergency care for anyone injured. Only if you are able, take steps to document the incident.
Get driver information, rideshare identification information, and vehicle and insurance details. Write down names and numbers of witnesses, other passengers, and anyone else who may have seen the accident. Take photographs of all the vehicles, your injuries, and the accident scene.
As soon as you can, write out a narrative of the accident. Report the accident to Uber or Lyft. Tell them that you are injured, and that you will give details later.
Importance of Calling the Police and Seeking Medical Attention
Remember that it’s important to call the police and seek medical attention. These early actions document the accident. Photographs, even just taken with a phone, can provide valuable information that witnesses may not accurately convey. Witness contact information can allow you to follow-up later. It’s never too early to call a rideshare accident lawyer for help with your case.
Keep Records of Communications with the Rideshare Company
Keep a record of each time you communicate with the rideshare company. You may reference this information as you pursue your case.
Whether you message them or speak to a person, write down the date and what was discussed. It’s never too early to involve a rideshare accident lawyer.
Contact a Lawyer
Ridesharing accident liability and claims in Columbia, SC can be complex. It can be difficult to know who may be liable and how their actions may amount to negligence and legal fault. It can be hard to know how to pursue compensation effectively.
At Shealey Law Firm, when we represent you, we take care of everything. Contact a lawyer to talk about your case.