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Toll Free: (866) 907-1145 | Local: (919) 833-3370
Toll Free: (866) 907-1145
Local: (919) 833-3370
Rideshare services like Uber and Lyft have taken the transportation world by storm in recent years. They offer convenience, affordability, and widespread accessibility. However, with the increase in rideshare usage, there has also been a rise in accidents involving these vehicles. Here's what to do after being in a rideshare accident.
A rideshare service, often referred to as a ride-hailing service, is a transportation service in which private vehicle owners offer one-time shared rides, for a fee, on demand. These services operate via websites, mobile apps, or both, which passengers use to request rides from drivers who are nearby. Once a ride is requested and confirmed, the app provides the driver's name, vehicle information, and estimated time of arrival.
Ridesharing has grown significantly in popularity over the past decade, primarily due to its convenience and often lower costs compared to traditional taxi services. However, like any form of transportation, it carries risks, including the potential for accidents and related injuries.
If you find yourself in an unfortunate event such as a rideshare accident, it's important to know what steps to follow to protect your rights and interests.
The first step in any accident, regardless of whether it involves a personal vehicle or a rideshare vehicle, is to ensure the safety of everyone involved. Check for any injuries you or other passengers may have sustained and call 911 if there is any doubt about the severity of these injuries. Remember, some injuries might not be immediately apparent; it is always best to seek medical attention to rule out any serious concerns.
Regardless of the severity of the accident, it is necessary to contact the police. A formal police report is a crucial piece of evidence when filing an insurance claim or a lawsuit. It establishes the fact that an accident occurred and provides an official account of the incident.
Collect as much information as possible from all parties involved in the accident. This includes names, contact information, insurance details, and the driver's rideshare company. Take photographs of the accident scene, capturing the vehicles' damages, road conditions, traffic signals, and any other relevant aspects. If there are any witnesses, try to get their contact information as well.
Both Uber and Lyft require their drivers and passengers to report accidents that occur during a rideshare trip. Make sure to report the accident to the relevant company as soon as possible. This can typically be done through the app itself.
If you sought medical treatment after the accident, keep detailed records of your visits, the treatments received, any medications prescribed, and the costs incurred. These records will be important if you decide to file a personal injury claim.
Rideshare accidents often involve a complex web of liability that includes the rideshare company, the driver, other drivers involved in the accident, and insurance companies. An experienced rideshare accident attorney can help navigate this complexity and work to protect your interests. They can guide you through the process of filing a claim, dealing with insurance companies, and even going to court if necessary.
North Carolina has specific insurance requirements for rideshare drivers, often referred to as Transportation Network Company (TNC) drivers. These requirements are intended to protect both drivers and passengers. The laws might have changed since my training, but as of that time, they were as follows:
When the rideshare app is open, and the driver is available for requests but hasn't accepted a ride, the driver or the TNC should have liability insurance for at least $50,000 per person for bodily injury, $100,000 per incident for bodily injury, and $25,000 for property damage.
Once the driver has accepted a ride and until the passenger exits the vehicle, the driver or the TNC should have liability coverage of at least $1.5 million for death, bodily injury, and property damage. They also need to have uninsured/underinsured motorist coverage and contingent comprehensive and collision coverage.
It's important to note that a driver's personal auto insurance typically won't cover incidents that occur while the driver is logged into the rideshare app and available to accept rides or during a prearranged ride. This is because personal auto insurance policies typically exclude coverage for commercial (for-profit) activities.
Moreover, both Uber and Lyft provide insurance coverage meeting or exceeding North Carolina's requirements, which typically steps in to cover incidents that occur during a prearranged ride, i.e., from the time a driver accepts a ride request until the time the passenger is dropped off.
Rideshare accidents, just like any other automobile accidents, can lead to a wide range of injuries depending on the specifics of the accident (such as speed, point of impact, and whether or not passengers were using seat belts). Here are some of the most common types of injuries that might occur:
Whiplash is a common injury in car accidents, especially in rear-end collisions. It occurs when the head is suddenly jerked back and forth, causing strain to the neck muscles and ligaments.
A sudden jolt or blow to the head can cause a concussion or more severe traumatic brain injury. These can result in a range of symptoms, from mild confusion or dizziness to long-term cognitive issues.
The impact of a car accident can easily result in broken bones. This can include common fracture sites like the arms, legs, collarbone, ribs, or pelvis.
These can range from minor disc issues to paralysis, depending on the severity of the impact and the location of the injury.
Car accidents can cause damage to internal organs, blood vessels, or the abdomen. These injuries may not be immediately apparent, making them particularly dangerous.
These can range from minor scrapes to serious lacerations. They often result from broken glass or debris flying around during the crash.
Beyond physical injuries, it's important to note that an accident can also lead to psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression.
These injuries involve damage to the body's ligaments, muscles, and tendons. They can cause pain, swelling, bruising, and reduced mobility.
In North Carolina, if you've been injured in a rideshare accident – whether as a driver, passenger, or a third party – you may be entitled to compensation for various types of damages. However, the specifics will depend on the circumstances of your case, the extent of your injuries, and the insurance policies involved.
Generally, the damages can be divided into three categories:
Economic Damages are out-of-pocket expenses related to the accident, and they can be calculated and proven with bills and receipts. Economic damages include medical expenses, property damage, lost wages (if you've missed work due to the accident), and loss of earning capacity (if the accident affects your ability to work in the future).
Non-Economic Damages are harder to quantify, as they pertain to the emotional and psychological impact of the accident. They can include pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, loss of consortium (the loss of benefits of a family relationship due to injuries).
Punitive Damages are not always available and are generally reserved for cases where the defendant's conduct was particularly egregious or reckless. Punitive damages are meant to punish the offender and deter similar behavior in the future.
At The Law Offices of John M. McCabe, we're committed to providing comprehensive and compassionate legal support for those who've been involved in a rideshare accident. Here's how we can support and guide you:
We meticulously review the details of your case, identifying all liable parties and the potential damages you may be entitled to.
The laws and regulations surrounding rideshare accidents can be complex, involving both state laws and rideshare company policies. We have the expertise to navigate this legal labyrinth, clarifying your rights and obligations.
We work tirelessly to collect and safeguard critical evidence, which can include medical records, accident reports, and witness testimonies, to build a strong case on your behalf.
Insurance companies often aim to minimize payouts. Our firm excels at negotiating with these companies, striving to ensure you receive the compensation you rightfully deserve. We understand the intricacies of insurance policies and can effectively interpret them for your benefit.
If required, we are fully prepared to help you file a lawsuit and provide strong representation in court. Our team takes care of all the necessary paperwork, ensuring everything is accurate and submitted within the required timeframes.
Calculating damages, particularly non-economic ones like pain and suffering can be challenging. We ensure that all short-term and long-term effects of your accident are factored into your claim.
At The Law Offices of John M. McCabe, we're not just about the law; we're about people. We provide guidance, emotional support, and clear communication throughout your legal journey, ensuring you're well-informed at every step.
Let us shoulder the burden of the complex legal process so you can focus on what's most important - your recovery. At The Law Offices of John M. McCabe, your well-being is our top priority. Contact us today.
First, ensure the safety of yourself and others, and seek medical attention immediately if needed. Contact the police and file a report. Document the accident scene as much as you can, including taking photos, noting details, and getting witness contact information. Inform your rideshare company about the accident and contact a personal injury lawyer to discuss your options.
The liability in a rideshare accident can be complex. It could potentially fall on the rideshare driver, another driver involved in the accident, or the rideshare company itself, depending on the specifics of the accident. An experienced attorney can help determine this.
Rideshare companies like Uber and Lyft carry their own insurance policies to cover situations when their drivers are at fault but don't have sufficient insurance. However, these policies come with conditions and limitations. An experienced Uber or Lyft accident lawyer can help navigate these complexities.
In some cases, it might be possible to sue the rideshare company, but it depends on the specifics of the accident and the terms of the rideshare service agreement. It's best to consult with a personal injury attorney to explore all your options.
The compensation you can get from a rideshare accident will depend on a range of factors, including the severity of your injuries, the degree of fault, your economic and non-economic damages, and the insurance policies involved. Your attorney can help assess your potential compensation.
North Carolina follows the "contributory negligence" doctrine, which means that if you are found to be even slightly at fault, you may be barred from recovering damages. This makes it crucial to consult with an attorney after your accident.
In North Carolina, the statute of limitations for personal injury cases is generally three years from the date of the accident. However, certain circumstances can affect this timeframe, so it's always a good idea to consult with a lawyer as soon as possible.
We work on a contingency basis for personal injury claims. A contingency fee basis means we do not charge you anything unless we win a settlement in or out of court. This fee structure ensures we work hard for your case and that you don't have even more out-of-pocket expenses during a stressful time.
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