Wilmington Rideshare Injury Lawyer

 

Pella Windows Class Action Case

$25.7 Million

We have recovered a $25.7 million settlement on behalf of our client on a Pella windows class action case.

Chinese Drywall Settlement Case

$24 Million

We have recovered $24 million on the largest individual Chinese drywall settlement case.

Marriott Vacation Club Class Action

$13.3 Million

We have recovered a $13.3 million settlement for Deceptive Trade Practices at Marriott Vacation Club.

Legal Representation for Injuries From Uber & Lyft Accidents

Ridesharing, most notably Uber and Lyft, has gained widespread popularity and continues to expand. As this new mode of transport evolves, insurance claims for injury and damages sustained can become a little complex due of the number of variables in play.

At Rhine Law Firm, P.C., our rideshare accident lawyers are intimately familiar with this area of litigation and can help you pursue fair compensation after a collision. With more than 30 years of legal experience and hundreds of millions of dollars recovered on behalf of our clients, our legal team has what it takes to help you seek justice.

Rideshare Accident Statistics

Uber and Lyft promote themselves as a better and safer alternative to driving. They claim ridesharing reduces traffic fatalities by providing a reliable ride home for intoxicated persons and decreasing the number of vehicles on the road.

One 2022 study found that rideshare companies seemed to reduce accidents involving impaired drivers. However, the study also stated that rideshare contributed to congestion and increased the risk of accidents.

Statistics from 2020 and 2019 suggest that 99.9% of Uber rides are completed without safety incidents. That is small comfort however if you are one of the people injured during a rideshare. . Uber drivers completed over 2 billion trips in the last quarter of 2022. In those three months, 2 million Uber rides (0.1% of 2 billion) worldwide resulted in safety incidents, ranging from sexual assault to traffic accidents.

Regarding fatalities, Uber was involved in 101 car crashes in 2020. From 2017 to 2019, Lyft, with three times less market share than Uber, had 105 fatalities.

Uber and Lyft Insurance Requirements

State law requires that Uber and Lyft drivers carry policies that meet their basic personal auto insurance requirements. N.C. General Statutes §20-280.4 establishes the minimum insurance coverage requirements that rideshare companies and drivers must carry. Some auto insurance companies provide rideshare insurance. Drivers do not need this to drive for Uber or Lyft, but financial and risk assessment professionals often recommend it.

The driver’s auto insurance covers accidents when the app is off. Consequently, if an Uber car crashed into you in Wilmington, but the driver was off the clock, Uber would likely not be liable.

Lyft and Uber insurance may apply when the app is on, and the driver is on-call or waiting for a ride. In these cases, both Lyft and Uber provide the following:

  • $50,000 per person for bodily injury
  • $100,000 per accident for bodily injury
  • $25,000 per accident for property damage

Lyft and Uber’s insurance generally applies when the driver has a passenger or is en route to pick up one. Uber provides $1 million in liability insurance per accident for these cases. According to its website, Lyft provides at least $1 million in liability insurance.

Common Causes of Rideshare Accidents

Rideshare accidents can occur for the same reasons as other traffic accidents. However, the presence of a driver-customer relationship and using an app for work adds new complexities.

The most common causes of rideshare accidents include the following:

  • Poor Car Maintenance. Uber and Lyft drivers must complete annual safety inspections for their vehicles. New drivers must also complete this when applying to work for either company. However, rideshare workers drive thousands of extra miles in 12 months, and routine maintenance must be performed more often. Some failed maintenance items, such as brakes or tires, can increase the risk of accidents.
  • Distracted Driving. Rideshare drivers often use their phones to accept fares, communicate with customers, and navigate routes. Sometimes, they may need to pay close enough attention to read notifications and accept or deny rides, which can contribute to distracted driving. This could slow the response time to avoid an accident even when the driver is not at fault.
  • Driver Fatigue. Drivers often have other jobs. Some work several jobs, while others might have full-time employment during regular business hours. They may work a few hours in the morning before going into the office or drive late at night, especially on the weekends. Drivers can experience fatigue, especially if they wake up at odd hours to take advantage of surges and other incentives.
  • Disruptive Passengers. Rideshare services boast that their drivers provide an alternative to drunk driving. However, drunk passengers can still cause accidents. They can be disruptive and make it difficult for Uber drivers to operate their vehicles safely. For example, in 2019, a drunk passenger fought with an Uber driver for control of the steering wheel.

Rideshare: Not in Driver ModeBucharest, Romania - March 02, 2023: An Uber logo branded car on the road at the place where it was involved in a car accident. This image is for editorial use only.

When the Uber/Lyft driver is on the road but not available to passengers (not in driver mode) and he or she gets into collision or hits a cyclist or pedestrian, the driver’s personal insurance coverage applies. Uber and Lyft do not extend insurance coverage to their drivers in this case.

Rideshare: In Driver Mode

When the rideshare driver is on the road and available (in driver mode with the rideshare application on), but has not yet accepted a trip, the driver’s personal auto insurance covers him as well as an additional contingent liability coverage from the rideshare company. This contingent coverage can cover up to $50K per person and $100K maximum per accident for bodily injury and a $25K maximum for property damage if the driver’s personal car insurance doesn’t respond.

Non-Passenger Injury

Should you be injured (as another driver, pedestrian, cyclist, etc.) by an Uber/Lyft driver who is in driver mode, how you recover compensation, how much you can get, and from which policy depends on the position the driver’s personal car insurance takes. In some cases, the Uber/Lyft driver may get dropped by their own insurance because they were hiring themselves out.

While Lyft and Uber will step in, in that case, recovering compensation can become complicated and take undue time. If you are a passenger in a rideshare vehicle and you are involved in an accident, Uber and Lyft extend coverage up to $1 million even if the driver was reckless or negligent.

Potential Rideshare Compensation Complications

As the rideshare market evolves, there are still issues that are unresolved. Currently Uber/Lyft drivers are privately licensed motorists but are arguably acting as commercial drivers. They are also independent contractors and that role may be adjudicated to include times when they are not in driver mode. For example, they haven’t yet logged into the app, but they are on the road because they are going to be working, as demonstrated by their weekly work patterns.

Also, what if an Uber/Lyft driver commits a criminal act toward the passenger? Is the rideshare company liable? Uber and Lyft deny liability, but it was through their company that the ride was solicited. State by state, rideshare laws are continuing to evolve.

Get Started on Your Case TodayMale arm in suit offer insurance form clipped to pad and silver pen to sign closeup. Strike a bargain, driver money loss prevention, secure road trip, harmless drive idea, owner protective concept

If you have suffered an injury or property damage due to the actions of a rideshare driver, we strongly recommend that you contact our rideshare accident attorneys for a free consultation. This area of litigation is continually changing and without our experienced guidance, you might be forced to settle for much less than you deserve – or nothing at all.

Our law office hours are Monday through Friday from 8:30 a.m. to 5 p.m. Evening and weekend appointments are available upon request. We offer Spanish interpretation and translation services.

What To Do After an Uber or Lyft Accident

Although the legal situation can be more complex, the to-do list is similar to other accidents. After a rideshare accident:

  • Get to a place of safety. Traffic and other hazards near an accident often make the immediate area unsafe.
  • Check for injuries.
  • Call 911. Accidents involving injuries or property damage must be reported to the police by law, and the police report may be used in your case. Additionally, they will bring emergency medical services if anyone needs care..
  • Gather information about both your driver and the other driver; request a copy of the accident report be sent to you.
  • Get medical evaluation and treatment.
  • Contact a car accident lawyer to get an evaluation before speaking with an insurance adjuster.

Victims May Recover Compensation for Injuries Suffered in an Uber or Lyft Accident

The liabilities of companies like Uber and Lyft can be complicated, primarily due to rideshare companies fighting against designating their drivers as employees. This designation would place more responsibility on the companies behind the apps.

While rideshare companies usually have some insurance coverage for accidents, it is often secondary to the coverage that their drivers carry for themselves. Unfortunately, many insurance policies for drivers specifically exclude coverage for accidents when the driver is making a trip for a fee through Uber or Lyft.

A car accident lawyer can analyze the circumstances of your accident to see if your case is relatively straightforward and can be resolved quickly or if it will take a bit more time and legal argument.

Statute of Limitations and Evidence Needed

In North Carolina, the statute of limitations for negligence is three years–which is the most likely cause of action resulting from a car accident.

As a part of the process of pursuing your case, evidence will need to be gathered, some of which is time sensitive. Your attorney will be able to identify and organize this for the court. They may also wish to speak with witnesses before their memories fade, arrange for further medical diagnoses before injuries heal, or take other measures to identify and secure evidence before it becomes unavailable.Contact Us for a Free Consultation

The car accident lawyers at Rhine Law Firm can evaluate your case involving Uber or Lyft, analyze who may bear liability, and consult with you on the best way to move forward to get compensation for your injuries. We are experienced in fighting these companies in court. Westay on top of the latest developments in courts and the legislature, and are ready to bring this informed skill to your case.

Contact us today for a free case evaluation.

The car accident lawyers for Uber and Lyft at Rhine Law Firm can evaluate your case involving Uber or Lyft, analyze who may bear liability, and consult with you on the best way to move forward to get compensation for your injuries. We are experienced in fighting these companies in court. We, stay on top of the latest developments in courts and the legislature, and are ready to bring this informed skill to your case. Contact us today for a free case evaluation.

Request Your Free Police Report

Rhine Law Firm, P.C., is happy to assist you with getting your crash report at no cost. Visit our police report request page and fill out our form. We’ll take care of the rest.

Our Promise to You

  • National Practice with a Local Presence

  • Hundreds of Millions of Dollars Won

  • Over 30 Years of Experience

  • Experienced, Thorough & Dedicated Attorneys

  • Spanish-Speaking Services Available

  • Evening & Weekend Appointments Available Upon Request

Hire Us for Your Car Accident Claims

Any injury resulting from a car wreck is unexpected and inconvenient, to say the least. However, the lasting effects of a catastrophic injury or wrongful death require justice.

Our firm can help you hold negligent or careless drivers and their insurance companies financially responsible for your medical expenses, rehabilitative costs, income loss, home modifications (if necessary) and most importantly, the pain and suffering you have endured.

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