Rideshare Accident Liability: Is the Driver or the Company Responsible?

Rideshare services offer a convenient and cost-effective way to get from one location to another. If you decide to relax and have a few drinks with friends, you can log into a rideshare app to request a ride. While you may feel like you can leave your cares behind, rideshare accidents have caused an increase in traffic injuries and fatalities. In a single year, Uber reported 97 fatal accidents.

The circumstances behind a rideshare accident will determine which party is at fault. Although you place your trust in another person’s hands, the wronged party should compensate you for your losses. If you have recently been involved in an accident while riding in a rideshare, our accident attorneys in Gaffney, SC, are here to advise you accordingly.

Determining Liability in a Rideshare Accident

Each driver must follow traffic regulations to ensure the safety of other road users by using the level of care that a reasonable person would employ. Any driver who fails to adhere to this duty and causes another person harm has committed negligence.

When is the Driver Responsible?

In a typical car accident, if driver A runs a red light and hits driver B, then driver A will be responsible for paying damages to the other driver. In a rideshare accident, assigning liability is often more complex. That is because rideshare drivers also have additional duties of care, which encompass any responsibilities assigned to a common carrier.

For example, a rideshare passenger asks for a ride to the train station, but the driver is not able to find a parking spot for drop-off. Instead, the driver has the rider get out in the middle of a busy road. Upon opening the car door, the rider hits a cyclist traveling in the bike lane. The cyclist suffers significant injuries, requiring them to seek emergency care.

While you may think that the passenger is liable for the cyclist’s injuries, that is not so. Liability will be assigned to the driver who did not disembark the passenger in a safe location, resulting in injury to a third party.

When is the Rideshare Company Liable?

If your driver was improperly trained, has a history of unsafe driving, or is actively transporting a passenger, fault will be assigned to the rideshare company. That is because rideshare companies such as Uber and Lyft have vicarious liability for the actions of their drivers when they are acting in the scope of their employment. Although the driver is under the supervision of the rideshare company, under SC Code §58-23-610, the driver must register with the State.

Lyft, Uber, and other rideshare companies claim that their hiring process involves a thorough screening of potential drivers. This screening involves a deep dive into an applicant’s driving record and a background check to ensure each rider’s safety. Negligent hiring can result in passengers sustaining injuries, which is why rideshare companies carry large commercial auto policies.

These policies have high policy limits, with both Uber and Lyft offering $100,000 of coverage per accident for passengers experiencing bodily injury and $1 million to third parties (such as another driver, pedestrian, or cyclist).

Third-Party Liability

In other circumstances, another driver could be at fault. In this case, the driver’s auto insurance will apply. Determining which party is liable can be complicated, requiring a thorough investigation. In some cases, more than one party may share liability.

How Do I Collect Damages?

Getting compensated for your injuries can take weeks or months, with your medical bills piling up in the process. If you fail to submit your medical records, the police report, or other requested documentation, your claim may be significantly delayed. Hiring a rideshare accident attorney will help streamline the process.

If your claim is delayed, our legal team will guide you on reimbursement for medical expenses (such as submitting your medical bills through your health insurance or your auto insurance). Our team will handle insurance negotiations on your behalf, helping you to get the compensation you deserve.

Injured in an Uber or Lyft? Contact Our Gaffney Rideshare Accident Lawyers Today

Rideshare accidents impact hundreds of people each year, contributing to a 3% increase in traffic fatalities. If you or a family member has been injured as a rideshare passenger, you need to know your options for financial recovery. When you work with the legal professionals at Parker & Bain, LLC, we will work ruthlessly to obtain maximum compensation for your injuries. To arrange a consultation to speak with our Gaffney rideshare accident attorneys, contact us online or give us a call at (864) 252-2650.