Rideshare Risks: Navigating Legal Challenges After an Uber or Lyft Accident

Ridesharing has gained extreme popularity over the past decade, especially in major metropolitan areas such as San Francisco and Los Angeles. While the service has many benefits, data shows that it’s far from perfect.

According to Uber’s self-published 2019-2020 U.S. Safety Report (the last report available), 91 fatal Uber accidents occurred during the year, resulting in 101 lost lives. Statistics released by Uber also revealed that of these fatal accidents, 32 percent involved a vehicle that was speeding, and 23 percent involved drivers under the influence of alcohol.

There’s no doubt about it — rideshare can be risky. You’ll almost certainly face risks when you are a driver or passenger in any vehicle. When you’re in a rideshare vehicle, however, there may be additional legal complications at play.

Ride share app in smartphone. Man using rideshare taxi application. Online carpool or carsharing service in mobile phone. Macro close up of cellphone screen.

In this post, we’ll explore the risks of ridesharing. We’ll also discuss how you can protect yourself when you choose a ride in an Uber or Lyft. Finally, we’ll show you where you can turn for help if you’ve been injured.

Navigating Liability Issues 

When you are injured in a rideshare accident, the concept of liability can be different than it would be in a “typical” car accident. In a normal car accident, liability is generally borne by the insurance company that provided coverage to the party at fault. In a rideshare setup, liability can be a more complicated determination.

Rideshare companies such as Uber and Lyft have classified their drivers as independent contractors rather than employees. This is a factor that adds to the complexity of liability in cases of accidents or incidents. Because rideshare drivers are technically not employees of rideshare companies, it can be difficult to pursue a suit against a rideshare company in many circumstances.

Insurance Coverage in an Uber or Lyft Accident

In a rideshare accident, liability may sometimes be split between the rideshare company, the rideshare driver, and other parties involved in the crash. The concept of liability is further complicated by the relevant parties’ insurance coverages. Typically, the rideshare driver’s insurance coverage will be “primary,” and if the rideshare company’s coverage kicks in, it will be “secondary.”

Rideshare drivers are expected to maintain their own insurance, and they are also generally supposed to disclose their ridesharing activity to their insurance company, which provides additional levels of coverage for ridesharing.

If you are injured in a rideshare accident, never assume that you have no recourse. Never settle with an insurance company (no matter which party they represent) until you have discussed your situation with an experienced personal injury attorney. While insurance companies often want to pay injured individuals the least possible amount of money they can, a personal injury attorney can fight for the amount of money you deserve.

Protecting Your Rights as a Rideshare Passenger

If you are involved in a rideshare accident, there are steps you can take to protect yourself. Immediately after an accident, you should:

• Get medical care. Seek medical attention, even if you aren’t sure if you’ve been injured. Many injuries (like internal bleeding or concussions) may not seem obvious at first but can worsen if left untreated.
• Contact the authorities. Call the police to the scene immediately so proper reports can be filed and insurance information recorded.
• Let Uber or Lyft know what happened. File a report with the rideshare company that you arranged your ride through. You should always report any misconduct, discrimination or safety concerns, even if an issue doesn’t include a collision.
• Record any information you have. Collect and document any available evidence at the scene of the accident including pictures and damage, plus the names and contact information of all involved parties and witnesses.
• Talk to an attorney. Consult with an experienced personal injury attorney to review the potential for recovery in your case.

Ensuring Personal Safety in an Uber or Lyft

While ridesharing provides convenience and accessible transportation to billions of riders a year, taking personal responsibility to ensure your own safety is critical. By adopting a few essential practices, passengers can significantly enhance their security during rides. Consider the following tips:

• Check the details. Verify the driver’s identity and vehicle details, like their license plate and vehicle make and model before entering the car.
• Ask the driver for your name first. Ask the driver who he is picking up, to ensure he knows your name. Do not give your name first.
• Communicate with a loved one. Share your trip details and location with a trusted contact.
• Listen to your gut. Trust your instincts and do not hesitate to cancel or exit the ride if you feel unsafe.
• Keep your conversations surface level. Avoid sharing personal information with the driver, including whether you live at your end destination and whether you’ll be alone upon arrival. Whenever possible, sit in the backseat.
• Keep tabs on your whereabouts. Be aware of your surroundings and follow the route on your own map.

If You Were Injured in an Uber or Lyft, You Need an Experienced Attorney on Your Side

After an accident involving an Uber or Lyft driver, several legal issues can arise, making these cases more complex than typical auto accidents. Navigating these complexities often requires experienced legal representation to protect the rights of accident victims and ensure fair compensation from all applicable insurance policies and responsible parties.

These legal issues include:

• Knowing Who May Be Liable for Your Injuries: In a rideshare accident, many parties may be involved, including the rideshare driver, the rideshare company, and other drivers, making it challenging to establish fault. The concept of “vicarious liability” may work to hold rideshare companies liable for the actions of drivers, depending on the circumstances of the incident. An experienced personal injury attorney can help you make sense of it all.
• Knowing Which Insurance Policy May Cover You: Whether a rideshare driver’s insurance coverage will cover a passenger’s injuries may be based on the driver’s status (i.e., whether they are off of the rideshare app, on the app and awaiting ride request, on the way to pick up a passenger, or taking the passenger to their destination) at the time of the accident. Dealing with multiple insurance policies can be daunting, but an experienced personal injury attorney knows where to start.
• Handing Arbitration Clauses: Rideshare companies’ terms of service may require disputes to be resolved through arbitration rather than lawsuits, limiting legal options. An experienced personal injury attorney can help you understand what you agreed to, and where you can go from there.
• Evidence and Data Collection: An experienced personal injury attorney can help you obtain and preserve data and records from the rideshare apps to establish the driver’s status and actions leading up to the accident.