To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Since Uber, Lyft, and other rideshare services have come along, people have easier access to transportation almost anywhere. However, these drivers do not have the same regulations as taxis, leaving people to wonder how they get compensation after Uber or Lyft accidents in West Virginia.
Getting compensation from a rideshare driver depends on several factors. Like every other driver on the road, they should have liability insurance to protect others on the road. If you are a passenger in an Uber or Lyft, they are supposed to have insurance that covers you, as well. The type of coverage depends on whether they were on-duty or off-duty at the time of the accident. If they were working at the time of the accident, they may be covered by the rideshare company’s insurance policies. A local car accident attorney can look into the circumstances of the accident and advise you about your potential remedies.
Uber and Lyft drivers are no different than any other motorist on the street. They do not have to go through any special training or pass any tests to become rideshare drivers. It should come as no surprise that the causes of their wrecks are similar to the causes of other drivers. Distracted driving, speeding, and recklessness are three of the main causes of accidents. Less common—but still possible—is when a rideshare driver is under the influence of alcohol or drugs. Many rideshare drivers work two or more jobs, so they may be fatigued when they are on the road.
Sometimes another party is to blame for an incident, including third-parties. Examples of potentially liable third parties include auto manufacturers, mechanics, and the municipal governments in charge of road maintenance or construction. Determining the cause of an Uber or Lyft accident in West Virginia—and who is financially responsible for the damages—requires examining the facts of each individual accident.
Rideshare vehicles come in all shapes and sizes, and accidents can happen anywhere from residential streets to busy highways. As a result, there is no way to predict the type of injuries from these accidents. However, some common injuries in auto accidents include bruises, lacerations, sprains, and strains. Soft tissue injuries are common, and they can be challenging to diagnose but lead to substantial pain and impairment.
The greater the force of the accident, the greater the likelihood of severe injuries. Wrecks can lead to broken bones, crush injuries, spinal injuries, traumatic brain injuries (TBIs), and more. Many of these injuries can result in substantial pain and a lengthy recovery period. Damages from these wrecks can include lost wages, medical bills, pain and suffering, among others.
Injuries like spinal damage or TBIs can do more than cause pain and suffering—they can disrupt the victim’s entire life. They may lead to partial or total paralysis, loss of cognitive functions, or memory issues, and often result in victims being unable to return to work and requiring caregivers. In addition to being expensive, they are emotionally devastating for for the person and their family members. Damages in those cases need to include enough compensation for lifelong medical treatment, loss of income, caregiving expenses, and the emotional trauma related to the injuries.
Getting compensation for a rideshare accident can be complicated. Rideshare companies supply insurance for their drivers, but only when the drivers are on duty. Otherwise, these drivers—who are independent contractors, not employees—are responsible for carrying out their own insurance policies to cover accidents.
A rideshare driver does not need a paying passenger to be on duty. They are also on duty if they are waiting for a ride request or are on their way to pick up a passenger. The exact status determines whether the rideshare’s extensive $1,000,000 insurance policy applies or whether a lower-limit policy applies.
Insurance companies are notorious for offering lowball settlements, even for serious injuries. While a rideshare accident can mean potential insurance coverage by the rideshare’s insurer, that coverage does not automatically translate into a fair settlement for plaintiffs. This means that there could be a more significant potential payout for Uber or Lyft accidents in West Virginia.
To determine how to proceed, you should consult with one of our Personal Injury attorneys to advise you about potential liability and your available remedies. Schedule a free consultation to learn more.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law