Do I Need a Lawyer After a Rideshare Accident?

Rideshare accidents can occur due to the negligence of either the rideshare driver or a third-party driver. Rideshare drivers may be negligent by driving distracted, speeding, or failing to follow traffic laws. Third-party drivers can also cause accidents through reckless driving, such as by running red lights or failing to yield.

After a rideshare accident, it’s important to consult a lawyer right away. A rideshare accident lawyer can help you understand your legal rights, handle insurance claims, and determine who is responsible for your injuries. They can gather evidence, negotiate with insurance companies, and represent you in court if necessary, ensuring that you receive the compensation you deserve for your losses.

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Common Types of Rideshare Accidents and How They Occur

Rideshare services like Uber and Lyft have become essential to daily transportation for millions of people. However, these services also come with certain risks, as rideshare accidents are unfortunately all too common. There are several types of accidents that occur frequently, and they often result from either the negligence of the rideshare driver or from the negligence of third-party drivers.

• Rear-End Collisions: One of the most common types of accidents is a rear-end collision. This happens when a rideshare driver or another vehicle crashes into the back of the car in front of them. In some cases, the rideshare driver may fail to keep a safe distance from the car ahead, or they may not notice traffic slowing down in time. Rear-end accidents can also result from distractions – such as looking at a GPS or answering messages – or by speeding. In these cases, the rideshare driver’s negligence is often a key factor.
• T-Bone Accidents: A T-bone collision occurs when one vehicle strikes the side of another, forming a “T” shape. This type of accident often happens at intersections when a rideshare driver runs a red light or fails to yield the right-of-way. Third-party drivers who do not stop at red lights or fail to check their blind spots can also cause T-bone accidents. Whether it’s the rideshare driver’s or another driver’s negligence, this type of accident can be particularly dangerous due to the limited protection on the side of the vehicle.
• Pedestrian Accidents: Rideshare drivers often pick up and drop off passengers in busy urban areas where pedestrians are common. If a driver is distracted, speeds up, or fails to check for pedestrians before pulling out, they can strike someone walking or crossing the street. Pedestrian accidents often result from the rideshare driver’s inattention or failure to follow traffic laws.
• Multi-Vehicle Collisions: In some cases, rideshare accidents involve multiple vehicles. These crashes often occur when a rideshare driver is forced to brake suddenly or change lanes unexpectedly, leading to a chain reaction. This can happen if the driver is distracted, impaired, or makes a reckless decision on the road. Third-party drivers who cut off the rideshare driver or fail to maintain proper spacing can also contribute to these types of accidents.

In all of these situations, negligence on the part of the driver – whether the rideshare driver or another motorist – is often a major cause of the accident.

Possible Injuries in a Rideshare Accident

Victims of rideshare accidents can suffer from a wide range of injuries, varying in severity depending on the type of crash, the speed at which it occurred, and other factors. The most common injuries include whiplash, head injuries, fractures, and soft tissue injuries, and each may require different types of medical treatment.

• Whiplash: One of the most common injuries in rear-end collisions is whiplash. This happens when the head is suddenly jerked forward and then backward, causing strain or injury to the neck and spine. Whiplash can result in pain, stiffness, and limited mobility in the neck and upper back. Treatment often includes pain management, physical therapy, and sometimes the use of a neck brace to support the injured area. In some cases, whiplash can lead to long-term discomfort and require ongoing therapy.
• Head Injuries: Victims of rideshare accidents may also suffer from head injuries, ranging from concussions and comas to other severe traumatic brain injuries (TBIs). Head injuries can occur if a victim’s head strikes the dashboard, window, or another object inside the vehicle. Concussions, which are a type of TBI, may cause symptoms like dizziness, headaches, nausea, and memory loss. More severe brain injuries can lead to long-term neurological issues. Treatment for head injuries often includes rest, medication for pain and swelling, and physical or occupational therapy. In serious cases, surgery or hospitalization may be required.
• Fractures and Broken Bones: Broken bones, particularly in the arms, legs, or ribs, are common in rideshare accidents that involve a significant impact. These injuries often occur when the body is thrown forward or when the person braces themselves against the impact. Treatment for fractures typically involves setting the bone, casting, or sometimes surgical intervention to properly align the bone. Recovery may take weeks or months, depending on the severity of the break.
• Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and bruises, are also common in rideshare accidents. These injuries happen when muscles, ligaments, or tendons are overstretched or torn during the crash. Treatment may include ice, compression, elevation, rest, and physical therapy to promote healing and reduce pain. In some cases, chronic pain or stiffness may result from soft tissue injuries, requiring ongoing management.

Proving the Elements of a Rideshare Accident Case

When pursuing a legal case for a rideshare accident where negligence is involved, there are several key elements that must be proven to establish fault. Whether the negligence comes from the rideshare driver or a third-party driver, the process generally involves proving duty of care, breach of duty, causation, and damages.

• Duty of Care: The first element in a negligence case is establishing that the defendant (the driver responsible for the accident) had a duty of care toward the plaintiff (the victim). A duty of care means that the defendant had an obligation to act in a reasonable manner to avoid causing harm to others on the road. For example, both rideshare drivers and other drivers have a duty to follow traffic laws, drive safely, and be aware of their surroundings. In a rideshare accident, the rideshare driver has a duty to ensure the safety of their passengers, while third-party drivers have a duty to avoid reckless driving that may harm others.
• Breach of Duty: After establishing the duty of care, the next step is to prove that the defendant breached that duty. A breach occurs when the defendant fails to act as a reasonable person would under similar circumstances. In the case of a rideshare driver, this can mean failing to pay attention to the road, speeding, running a red light, or driving while distracted (e.g., using a phone to navigate). In the case of a third-party driver, it may involve actions like tailgating, driving under the influence, or failing to yield the right-of-way. If the driver’s actions are unreasonable and deviate from the expected standard of care, this can be seen as a breach.
• Causation: Once a breach of duty is proven, the plaintiff must show that this breach directly caused the accident and the resulting injuries. In legal terms, this is known as causation. The plaintiff must prove that if the defendant had not been negligent, the accident would not have occurred. For example, if the rideshare driver was distracted with their phone and failed to notice a stop sign, causing a crash, the plaintiff would need to show that the accident happened because the driver’s distraction led to the failure to stop in time.
• Damages: Finally, the plaintiff must prove that they suffered actual harm as a result of the accident. This includes physical injuries, medical expenses, lost income, or pain and suffering. In a rideshare accident case, the damages will vary depending on the severity of the injuries and the effects on the victim’s life.

Compensation for Injuries in a Rideshare Collision

If you’ve suffered an injury in a rideshare accident where the rideshare driver or a third-party driver was negligent, you may be entitled to compensation for your various damages. This compensation helps cover the financial and emotional effects of the accident and injuries. The types of damages also referred to as losses, you can recover in a claim or lawsuit typically fall into the following categories:

• Medical Expenses: One of the most common losses is medical expenses. This covers the cost of any treatment you need after the accident, including hospital bills, doctor’s visits, surgeries, physical therapy, and medications. If your injuries are severe and require long-term treatment, you can also recover future medical expenses. This compensation helps to ensure that you don’t have to pay out-of-pocket for necessary medical care.
• Lost income: If your injuries from the accident caused you to miss work, you can be compensated for your lost income. This includes the income you lost while recovering from the accident. If your injuries are severe and you’re unable to return to work for an extended period, you can also recover future lost earnings. In cases where your ability to work is permanently affected, you may receive compensation for long-term or permanent earnings loss.
• Pain and Suffering: Pain and suffering compensation is awarded for the physical and emotional pain resulting from the rideshare accident and its aftermath. This includes both the immediate pain from the injury and the long-term discomfort or emotional distress you may experience. In some cases, this may also cover psychological harm such as anxiety, depression, or post-traumatic stress disorder (PTSD) that results from the crash.
• Loss of Consortium: In some cases, the spouse or family members of the injured person may claim compensation for their loss of companionship, affection, or support due to the victim’s injuries. This is known as “loss of consortium.” It applies when the injured person’s ability to maintain normal relationships is significantly affected.
• Punitive Damages: In rare cases, if the defendant’s actions were particularly reckless or intentional, the court may award punitive damages. These damages are intended to punish the wrongdoer and discourage similar wrongful behavior in the future rather than compensate the victim directly for their losses.

Call an Experienced Rideshare Accident Lawyer Today

If you or someone you love recently sustained injuries in a rideshare collision, a knowledgeable personal injury lawyer can be extremely helpful. Your rideshare accident attorney will aggressively advocate for your interests against the insurance company and work to maximize your overall compensation award.

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