Because rideshare drivers represent a larger corporation, it’s easy to forget that they’re people like everyone else. People make mistakes behind the wheel, whether it’s texting while driving, driving on too little sleep, or misinterpreting roadway signs. Unfortunately, those accidents can prove dangerous, no matter their circumstances.
If you get into an accident with a rideshare driver, or if you’re injured while riding in a rideshare, don’t panic. You have rights. You can both hold a rideshare company’s insurance provider liable for your losses and pursue additional compensation in civil court. The rideshare accident lawyers with Winston Law can help you navigate the complexities of your accident recovery.
What Can You Do After a Rideshare Accident?
In the hours following a rideshare accident, you need to have any injuries examined by first responders. You should also exchange insurance information with the person responsible for your accident and contact your provider to inform them about your accident.
Most importantly, however, you can contact a rideshare accident lawyer. The circumstances of your accident may entitle you to legal action, and the sooner you can investigate, the better.
Why pursue legal action against the person responsible for your rideshare accident, though? Because taking legal action against these parties can see you receive compensation for your losses. That compensation can help you pay for your medical care, the replacement of any damaged property, and other recovery-related bills.
Your Rideshare Accident Claim Statute of Limitations
You have limited time to file a rideshare accident claim – and now, even less than you used to. Florida recently changed its personal injury statute of limitations, outlined in Florida Statutes section 95.11(3)(a), from four years to two years. That means you have only two years to investigate your losses and bring them forward in civil court.
You can learn more about this change in statute courtesy of the National Law Review. You should also discuss your deadline with an attorney should you decide to bring your case before a judge.
When Do Rideshare Corporations Take Responsibility for Your Accident?
There are certain circumstances in which a rideshare company may take responsibility for your accident, whether you were hit by a rideshare driver or a passenger in a vehicle that got into an accident. However, rideshare services are incredibly specific about when they’ll take on a driver’s liability.
The driver who hit you or otherwise initiated your accident must have been on-duty, using the Uber app, and/or in the process of transporting passengers at the time of your accident. If you can prove that an at-fault driver was on duty at the time of an accident, you can argue that a rideshare corporation owes you support from their insurance as well as civil damages.
The good news is that many corporations will recognize when they may be liable for a driver’s bad behavior. In these cases, a corporate representative may reach out to you with a settlement offer long before you contact an attorney.
Don’t accept these offers out of hand. Compare a settlement offer against an attorney’s estimate of your case’s value. That way, you can ensure that you receive a settlement that addresses the full breadth of your accident’s losses.
Independent Contractors and You
Many rideshare drivers operate as independent contractors. In other words, these parties aren’t categorized as employees in the eyes of applicable corporations. In the case of rideshare accidents, a driver operating a vehicle on their own time, without passengers, or without the use of a rideshare app does not constitute an on-duty employee.
Any civil complaint you take up in these cases must hold that individual liable for your losses. You can meet with a rideshare accident attorney to discuss the specific role contracts, and a driver’s behavior may have on an accurate distribution of accident fault.
How to Hold a Liable Party Accountable for a Rideshare Accident
After you’ve determined what impact contracts have on your right to compensation, it’s time to bring forward evidence of an at-fault party’s negligence. You must have the means to prove negligence if you want to bring your civil case before a judge. The evidence you can submit alongside your civil complaint can include:
- Statements from bystanders describing your accident
- Rideshare data from cell phones or other devices
- Photos or videos of your accident
- Social media posts describing your accident
- Input from expert witnesses
You can discuss which forms of evidence are most relevant to your case with a rideshare accident attorney.
How to Demand Adequate Compensation for Your Rideshare Accident Losses
You can request compensation for a rideshare accident through two different means. You can request that an attorney schedule out-of-court negotiations between you and either an independent contractor or a rideshare corporation, depending on the circumstances that led to your accident. You can alternatively take your rideshare accident case to court.
If you take your rideshare accident case to court, you put control over your right to compensation into a judge’s hands. A judge and jury can then weigh the evidence of negligence you bring forward to determine the overall value of your case.
That said, you still need to bring an estimate of your case’s total value forward. You need to have this estimate on hand whether you intend to pursue negotiations or a trial, as it establishes the totality of your losses. As a rideshare accident survivor, you may be entitled to compensation addressing your:
- Medical expenses
- Property damage, repair, and replacement costs
- Lost wages
- Mental anguish
- Emotional distress
- Pain and suffering
- Wrongful death, if applicable
You can discuss what losses a rideshare accident entitles you to, based on the evidence available at the scene, with a rideshare accident lawyer.
Call a Rideshare Accident Lawyer to Discuss Your Right to a Civil Case
Rideshare accident cases can quickly grow complicated. Those complications often prompt people who deserve compensation, like you, to throw out cases against independent contractors and corporations alike. You don’t have to give up on a case because of the influence contracts or circumstances have on your right to support, though.
Let Winston Law take the burden of your case instead. Our team of rideshare accident lawyers knows how to navigate the complexities of a rideshare case. Whether you need someone to mediate conversations with an insurance provider or stand in your corner in a fight for compensation, we’re here for you.
Contact us by calling our office or reaching out through our online form to schedule your rideshare accident case consultation.
