roderick-alvendia

Partner at AKD Lawyers

Practice Areas: Personal Injury

In recent years, ridesharing services like Uber and Lyft have become increasingly popular, offering convenience and affordability to passengers. However, with this rise in usage, there has also been a significant increase in accidents involving these services. Whether you’re a passenger, driver, or another motorist, understanding the legal implications and protections available in case of an accident is crucial. This guide aims to provide comprehensive information on rideshare accidents, liability issues, insurance policies, and legal options in Louisiana.

Understanding Rideshare Accidents

Rideshare accidents occur when a vehicle operated by a rideshare driver is involved in a collision. These accidents can happen for various reasons, including distracted driving, speeding, or impaired driving. As a passenger in an Uber or Lyft, you might feel safe, but knowing your rights and the steps to take if an accident occurs is vital.

Louisiana has seen a surge in rideshare services since the implementation of Act No. 286 in July 2019, which allowed Transportation Network Companies (TNCs) to operate statewide. With this expansion, more residents are using these services for transportation, making it essential to be informed about potential risks and legal protections.

Liability Issues in Rideshare Accidents

Determining liability in rideshare accidents can be complicated. In Louisiana, liability often depends on the circumstances surrounding the accident. Key factors include:

Driver Negligence

If the rideshare driver was negligent, they may be held liable for the accident. Negligence can include actions like driving under the influence, distracted driving, or violating traffic laws.

Intoxicated Drivers

If a rideshare driver is intoxicated at the time of the accident, liability may also extend to the rideshare company. Both Uber and Lyft have policies in place that may hold them accountable for not properly screening their drivers.

Third-party Liability

If another driver causes the accident, they may be held liable for damages. In such cases, you can file a claim against the at-fault driver’s insurance.

Steps to Take If Injured During an Uber or Lyft Ride

If you’re involved in an accident while using a rideshare service, taking the right steps can help protect your rights:

1. Ensure Safety

First and foremost, check for injuries and call 911 if anyone is injured. Ensure everyone is safe before moving on to other steps.

2. Gather Information

Collect essential details about the accident, including:

  • The rideshare driver’s name and contact information.
  • Vehicle details (license plate number, model, color).
  • Insurance information.
  • Contact information of witnesses.

Rideshare accident victim protocol - akd law

3. Document the Scene

Take photos of the accident scene, the vehicles involved, and any visible injuries. This documentation can be crucial when filing an insurance claim.

4. Report the Incident

Notify the rideshare company about the accident as soon as possible. Both Uber and Lyft have protocols for reporting accidents and injuries.

5. Seek Medical Attention

Even if you feel fine, it’s essential to get checked by a medical professional. Some injuries may not be immediately apparent.

Insurance Policies and Passenger Protections

Understanding the insurance coverage provided by Uber and Lyft is critical for passengers. Both companies maintain liability insurance, but the coverage varies based on the driver’s status during the ride.

Uber Insurance Coverage

  • Available or Waiting for a Ride Request:
    • $50,000 bodily injury per person.
    • $100,000 bodily injury per accident.
    • $25,000 in property damage per accident.
  • En Route to Pick Up Passengers and During Trips:

Lyft Insurance Coverage

  • Available or Waiting for a Ride Request:
    • Same as Uber:
      • $50,000 bodily injury per person.
      • $100,000 bodily injury per accident.
      • $25,000 in property damage per accident.
  • En Route to Pick Up Passengers and During Trips:
    • $1 million third-party liability coverage.

While these coverages provide essential protection, it’s crucial to understand how they apply in your specific situation. If you experience significant injuries, you may need to pursue additional compensation through your insurance or a personal injury lawsuit.

Rideshare insurance coverage explained

Legal Options and How to File a Lawsuit

If you’ve been injured in a rideshare accident due to negligence, you may have the right to file a personal injury lawsuit. Here are the steps to consider:

Consult with an Attorney

Engaging an experienced personal injury attorney can provide you with guidance throughout the legal process. They can help you understand your rights and potential compensation.

File a Claim

Your attorney can assist in filing a claim against the at-fault party’s insurance. Be mindful of the statute of limitations in Louisiana, which limits you to one year from the date of your injury to file a lawsuit.

Negotiate a Settlement

In many cases, you may be able to reach a settlement with the insurance company. Your attorney will negotiate on your behalf to ensure you receive fair compensation for your injuries.

Prepare for Trial (if necessary)

If a fair settlement cannot be reached, your attorney may prepare to take your case to trial. They will present evidence and advocate for your rights in court.

Conclusion

Rideshare services like Uber and Lyft offer valuable transportation options but come with unique risks. Understanding the liability issues, your rights as a passenger, and the insurance protections available to you can help you navigate the complexities of rideshare accidents. If you find yourself involved in an Uber or Lyft accident, it’s crucial to seek legal guidance to protect your interests.

At Alvendia, Kelly & Demarest, our experienced personal injury attorneys are dedicated to helping you pursue justice and compensation for your injuries. If you or a loved one has been injured in a rideshare accident, don’t hesitate to reach out for a free consultation. Contact us today at (504) 618-1638 or visit our website to learn more about how we can assist you. Your future well-being deserves the best legal support—let us help you secure it.

In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.

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