If you suffered injuries in a recent rideshare accident, you can file a claim or lawsuit against the negligent driver – or even against the rideshare company. This can be a challenging process. A skilled rideshare accident attorney can significantly ease this burden by handling all aspects of the legal process on your behalf.
They will conduct a thorough investigation to gather evidence, such as police reports, witness statements, and medical records, to build a strong case. Your attorney will also determine the appropriate compensation you deserve for medical expenses, lost income, pain and suffering, and other losses.
Additionally, they will negotiate with insurance companies to ensure you receive a fair settlement and, if necessary, represent you in court. By having an experienced rideshare accident lawyer by your side, you can focus on your recovery while they fight for your rights and interests.
Most Common Ways that Rideshare Drivers and Companies Are Negligent
Rideshare drivers and companies have a responsibility to ensure passenger and public safety, but negligence on their part often leads to accidents. One of the most common ways this happens is through driver distraction. Many rideshare drivers rely heavily on their phones for navigation, ride requests, and communication with passengers. Constantly looking at a screen instead of the road increases the risk of accidents. Some drivers even engage in texting or other non-essential phone use while driving, making them less aware of their surroundings.
Fatigue is another major issue that leads to negligent driving. Many rideshare drivers work long hours, sometimes driving late into the night or early in the morning to maximize their earnings. This often results in drowsy driving, which slows reaction times and impairs judgment. A tired driver may struggle to stay alert, increasing the likelihood of missing traffic signals or failing to notice pedestrians and other vehicles.
Speeding and reckless driving also contribute to rideshare accidents. Since drivers are often trying to complete as many trips as possible in a short time, they may speed or make aggressive maneuvers to pick up and drop off passengers quickly. This kind of driving reduces the driver’s ability to react to sudden changes in traffic conditions. Sudden stops, illegal U-turns, and weaving through traffic create dangerous situations that can lead to collisions.
Poor vehicle maintenance is another form of negligence that can cause accidents. Rideshare companies require vehicles to meet certain standards, but enforcement is not always strict. Some drivers fail to properly maintain their cars, leading to issues such as worn-out brakes, faulty headlights, or bald tires. Mechanical failures due to lack of maintenance can make it difficult for a driver to control the vehicle, especially in hazardous weather conditions.
Rideshare companies themselves can also be negligent by failing to conduct proper background checks on drivers. If a company allows someone with a history of reckless driving or criminal behavior to work as a driver, they put passengers and other road users at risk. When companies prioritize profits over safety, they create conditions where accidents become more likely. By failing to enforce strict safety policies, both drivers and rideshare companies contribute to preventable crashes and injuries.
Types of Injuries that Victims of Rideshare Accidents May Suffer
Victims of rideshare accidents can suffer a wide range of injuries due to the negligence of rideshare drivers or companies. These injuries may vary in severity, but many have long-term physical, emotional, and financial consequences. One of the most common types of injuries is whiplash, which occurs when a sudden impact causes the head and neck to snap backward and forward. This type of injury is especially common in rear-end collisions and can lead to chronic stiffness, pain, and loss of mobility.
Traumatic brain injuries are another serious consequence of rideshare accidents. When a person’s head strikes a hard surface, such as a window or dashboard, it can result in a concussion or more severe brain damage. In the most severe cases, victims may suffer permanent cognitive impairment or personality changes, which can affect their ability to work and maintain relationships.
Spinal cord injuries are also a major concern, as the force of an accident can damage the vertebrae, discs, or nerves in the spine. Depending on the severity, victims may experience chronic pain, reduced mobility, or even paralysis. Partial or complete paralysis can drastically alter a person’s quality of life, requiring long-term medical care and rehabilitation.
Broken bones are another frequent injury in rideshare accidents. The force of a collision can cause fractures in the legs, pelvis, ribs, or arms. Some breaks require surgery, physical therapy, or months of healing, which can interfere with a victim’s ability to work or perform daily activities. In severe cases, complications such as infections or nerve damage can arise, leading to further medical issues.
Soft tissue injuries, including sprains, strains, and deep bruising, are also common. While these may seem less severe than broken bones or head injuries, they can still cause significant pain and limit a person’s mobility for weeks or even months. Internal injuries, such as organ damage or internal bleeding, are particularly dangerous because they may not be immediately noticeable and can become life-threatening if not treated right away.
Proving that a Rideshare Driver or Company was Negligent in Causing an Accident
Proving that a rideshare driver or rideshare company was negligent for causing an accident requires strong evidence and a clear understanding of how negligence is established. Negligence means that the driver or company failed to act with reasonable care, leading to the accident and resulting injuries. To prove negligence, a victim must show that the rideshare driver or company had a duty to drive safely, they breached that duty, the breach caused the accident, and the accident led to actual damages, such as injuries or financial losses.
One of the most important pieces of evidence in proving negligence is the police report. When an accident occurs, law enforcement officers typically investigate the scene and create a report detailing what happened. If the officer finds that the rideshare driver was speeding, distracted, or otherwise at fault, this information can be used to strengthen a claim of negligence.
Eyewitness statements are also valuable in proving fault. Passengers, pedestrians, other drivers, or bystanders who saw the accident occur can provide firsthand accounts of what happened. Their statements can confirm whether the rideshare driver was driving recklessly, using a phone, running a red light, or engaging in other negligent behavior.
Video footage from traffic cameras, security cameras, or dashcams can provide clear visual evidence of how the accident happened. If the video shows the rideshare driver making an illegal turn, failing to stop at a light, or engaging in unsafe driving, it can strongly support a negligence claim. Additionally, rideshare apps often track driver behavior through GPS and trip data. This information may show whether the driver was speeding, braking suddenly, or engaging in unusual driving patterns before the accident.
Medical records are also critical in proving the extent of injuries. A victim must show that their injuries directly resulted from the rideshare accident and were not pre-existing conditions. Hospital records, doctor’s notes, and medical bills can serve as evidence of the physical harm suffered.
If the rideshare company was negligent, evidence such as their hiring records, driver screening policies, and previous complaints against the driver can be useful. If a company failed to properly vet a driver with a history of reckless driving, they may also be held responsible for the accident. By gathering strong evidence, victims can prove negligence and seek the full compensation they deserve for their injuries and losses.
Filing a Lawsuit Against a Negligent Rideshare Driver or Company
Filing a lawsuit against a negligent rideshare driver or rideshare company for causing an accident is a complicated legal process that requires careful preparation and strong evidence. The process begins with filing a legal claim, which typically starts with an investigation into the accident. This involves gathering police reports, medical records, witness statements, video footage, and any other evidence that proves negligence. An experienced rideshare accident attorney can determine whether the rideshare driver, the company, or both can be held liable.
The next step is filing a complaint in court. The complaint is a formal legal document that outlines the victim’s claims, the evidence supporting the case, and the damages being sought. It is filed in the appropriate court and then served on the at-fault party (defendant), which may be the rideshare driver, the company, or both. Once the defendant is served, they have a set amount of time to respond.
After the lawsuit is filed and the defendant responds, both parties enter the discovery phase. During discovery, both sides exchange evidence, conduct depositions, and gather expert testimony. Depositions involve questioning witnesses, including the rideshare driver, accident reconstruction experts, and medical professionals. This phase is important in strengthening a case, as it allows the victim’s rideshare accident lawyer to uncover additional evidence and counter any defenses that the defendant raises.
Once discovery is complete, the case may proceed to trial, but many lawsuits are resolved before reaching that stage. Alternative dispute resolution methods, such as mediation or arbitration, may be used to settle the case outside of court. Mediation involves both parties negotiating with the help of a neutral third party to reach a fair settlement. Arbitration is a more formal process where an arbitrator reviews evidence and makes a binding decision. These alternatives can save time and money compared to a full trial.
If the case does go to trial, both sides present their arguments before a judge or jury. The plaintiff’s legal team must prove negligence and demonstrate the extent of the victim’s injuries and financial losses. After hearing all of the evidence, the judge or jury will make a final decision about liability and damages (the amount of compensation to award the injured accident victim).
Recoverable Compensation in a Rideshare Accident Case
In a rideshare accident claim or lawsuit against a negligent rideshare driver or rideshare company, victims can recover compensation for their various losses, including:
- Medical Expenses: Victims can seek compensation for all medical costs related to their injuries from the rideshare accident. This includes emergency room visits, hospital stays, surgeries, physical therapy, medication, and any future medical care that’s necessary for long-term recovery.
- Lost Earnings: If the accident results in missed workdays due to injury, victims can recover compensation for lost income. This includes not only income but also potential bonuses, promotions, and other job-related benefits that may have been affected by the inability to work.
- Pain and Suffering: Victims can also claim damages for the physical pain and emotional suffering they endured because of the rideshare accident. This can include chronic pain, psychological distress, anxiety, depression, and a decreased quality of life. Pain and suffering are often calculated using various methods, including multipliers based on medical expenses.
- Loss of Life Enjoyment: If injuries restrict a victim’s ability to enjoy life, pursue hobbies, or engage in social activities, they may be entitled to compensation for loss of life enjoyment. This can cover the inability to participate in activities that brought joy and fulfillment prior to the accident.
- Punitive Damages: In some cases, if the rideshare driver or company displayed particularly reckless or malicious behavior, the court may award punitive damages. These damages are meant to punish the defendant and deter similar behavior in the future, and they are typically awarded in cases of gross negligence.
- Rehabilitation Costs: If the injuries require rehabilitation services, such as physical or occupational therapy, victims can seek compensation for these expenses. Rehabilitation costs can include both immediate and long-term therapy needs.
Contact an Experienced Rideshare Accident Attorney Today
If you sustained injuries in a rideshare accident, a skilled personal injury lawyer can file a claim or lawsuit against the rideshare driver, rideshare company, or other responsible individual or entity on your behalf. They will aggressively fight for your rights and pursue the maximum compensation that’s available to you in your case.
Theodore "Ted" E. Karatinos, Esq.
Ted Karatinos has been practicing law since 1993. He is a lifetime member of the Million Dollar Advocates Forum® and a nationally read author in Barrister Magazine, The Young Lawyer, The Federal Lawyer, and The Florida Bar Journal. He is in great demand for seminars and speaking engagements all over Florida.
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