If you got hurt in an Uber or Lyft rideshare accident in Columbus, Ohio, because of someone else’s carelessness, Bressman Law may be able to help you go after compensation for your losses. You did not ask to get hurt, and you should not have to bear the cost of your medical bills, lost wages, and other financial hardship because of someone else’s negligence.
A Columbus Uber and Lyft rideshare accident lawyer may investigate your injury claim, gather the evidence to build your case, and handle the legal matters while you focus on getting better. Our clients say that we are warm and caring. If you want a law firm that treats you with respect while advocating aggressively for you, Bressman Law is here to service you. You can call us today at (614) 538-1116 for a free consultation.
Uber and Lyft Denied Liability in Rideshare Services
According to the 2014 R Street Policy Study on the ride-sharing market, transportation network companies (TNCs) like Uber and Lyft fought multiple court battles, in which they denied any liability for the actions of drivers who provide rideshare services using Lyft or Uber apps. The law in this field may likely be in flux for at least a few years.
A TNC carries liability insurance that protects the corporation and the driver in the event of an accident. The driver may also have liability insurance. Some auto policies exclude coverage when the driver is providing a commercial service, like picking up and delivering passengers for hire. The insurance industry argues that when a person is using their vehicle for a commercial purpose, they should buy a commercial liability insurance policy.
You do not have to sort out all of the insurance issues for yourself. If you work with a Columbus Uber and Lyft rideshare accident lawyer on your personal injury claim, the attorney may handle the legal issues for you.
For a free legal consultation with a uber and lyft rideshare accident attorney in Columbus, call (614) 538-1116
Know Who Can Be Liable in a Columbus Uber or Lyft Rideshare Accident
Whoever negligently caused the crash that hurt you may be held liable for your losses. Sometimes, more than one party may be responsible for paying money damages.
For example, if the rideshare driver collided with a pedestrian because the driver was intoxicated, the driver may be held liable. However, if the TNC did not perform an adequate background check before allowing the driver to participate in the rideshare program, and an appropriate check would have revealed the driver’s previous drunk driving convictions, the TNC may also be liable for the pedestrian’s injuries. The legal theory against the TNC in this situation would be a variation of negligent hiring.
From that example, we can run through an analysis of the driver’s liability. We must be able to prove all four of these elements for the driver to be responsible for the victim’s losses:
- Duty of care: The rideshare driver has a responsibility to obey traffic laws when operating a motor vehicle on public streets.
- Breach of the duty: By driving while intoxicated, the driver broke the law and violated the legal obligation to follow traffic laws.
- Causation: Negligence must be the factor that caused the accident that injured the victim. The driver struck the pedestrian because the driver was drunk. The careless act of driving while intoxicated caused the victim’s injuries.
- Measurable damages: There must be quantifiable damages for the plaintiff to go after compensation in a car accident case. Physical injury satisfies this element.
The same analytical approach would apply when evaluating the corporation’s liability:
- Duty of care: The corporation has a duty to exercise due caution when accepting applicants to work within the rideshare program. Even though the drivers work as independent contractors and not traditional employees, the TNC must take reasonable steps to ensure that the company does not create a dangerous situation like selecting people with drunk driving convictions.
- Breach of duty: In this scenario, the TNC did not perform a background or criminal record check of the driver when they applied for the job. The company failed to measure up to the legal standard of exercising due caution; thus, the TNC was negligent.
- Causation: The carelessness of the corporation caused or contributed to the accident that injured the plaintiff. Although the driver was negligent, in that he drove while intoxicated, the company contributed to causation by letting the driver provide rideshare services without a proper background check.
- Measurable damages: The pedestrian suffered physical injuries, in part, because of the corporation’s negligence. This situation meets all four requirements for liability.
Both the company and the driver may be held responsible for the pedestrian’s losses. At Bressman Law, we will analyze the facts to determine who can be liable. You can call us today at (614) 538-1116 to get started.
Columbus Uber and Lyft Rideshare Accident Attorney (614) 538-1116
Three Things to Do After an Uber or Lyft Rideshare Accident
The things that you do after an Uber or Lyft rideshare accident may determine how well you heal and how much compensation you might collect. Every situation is different, and you should always do what makes sense in your circumstances. Here are a few suggestions of things you might want to consider doing after one of these collisions:
Get Medical Attention Immediately
Prompt examination and medical treatment may uncover injuries you had not discovered, and it may minimize or prevent complications from the known injuries. Also, we may use your medical records to prove the severity of the harm you experienced and link the injuries to the accident.
Finish Your Medical Treatment
Unless there is a substantial reason to do otherwise, like an allergic reaction to a medication, you should complete the treatment your doctor prescribed. If you do not finish the seemingly endless rounds of physical therapy, for example, the defendant might argue that you would have healed better with all of the treatment.
Talk to a Personal Injury Lawyer
A Columbus Uber and Lyft rideshare accident lawyer may be helpful when filing injury claims, which often involve multiple defendants. The negligent parties may likely blame each other while denying any liability for themselves.
You might have to deal with more than one insurance company, which might mean two claims adjusters and several defense attorneys. If the idea overwhelms you and makes it seem like you might be facing unfair odds, let us help you.
Bressman Law can take this weight off your shoulders. We are friendly and supportive of our clients. You do not have to carry this burden on your own anymore. You can call us today at (614) 538-1116 for a free consultation.