Rideshare drivers have an obligation to protect you when you’re in their vehicles. Similarly, these drivers have a duty to every motorist, bicyclist, pedestrian, and road-bound party they drive alongside. Rideshare drivers who fail to take care of their passengers or people around them can cause serious accidents, resulting in long-term consequences for everyone involved.
If you were recently injured in an accident with a rideshare driver, you can pursue compensation for your losses with help from The Schiller Kessler Group. Our rideshare accident attorneys in Florida can help you file a personal injury claim and argue for damages. Together we can help you pay your bills and get justice for the negligence you endured.
What to Do After a Rideshare Accident
You need to call police officers and first responders as quickly as you can after an accident. The sooner you can take care of immediate injuries and in-your-face dangers, the sooner you can consider what life after your accident might look like.
After you’ve secured essential medical care, take a second to catalog your losses. Take photos of the scene of your accident and get bystanders’ contact information. You should also exchange contact information with the person you believe to be liable for your accident, be that your rideshare driver or a third party.
You should not, however, admit fault for your accident, whether you were a passenger or another driver. Do your best to remain polite, but do not apologize for your accident. A liable party may misrepresent your manners in civil court in an attempt to deny responsibility for your accident.
With that in mind, consider calling a personal injury attorney shortly after you contact first responders and police officers. When you have a rideshare accident lawyer on the scene with you, you can more easily communicate your losses and assumptions about fault with the parties around you.
Filing a Personal Injury Claim Against an Independent Driver
The nature of Lyft and Ubers’ protection of their drivers varies depending on a driver’s behavior at the time of an accident. A driver must actively have passengers in their vehicle or be using a rideshare app to constitute an on-duty employee in the eyes of their employing corporation.
If a rideshare driver isn’t using a rideshare service’s app to pick up passengers or is using their vehicle for personal purposes, they’re liable for their own accidents. This means that you can hold an individual responsible for your accident if you take your case to civil court.
Filing a Personal Injury Claim Against a Corporate Driver
If the rideshare driver liable for your losses constitutes an employee in their employers’ eyes, you may have the right to hold a corporation responsible for your recent accident. You may additionally have the right to hold a rideshare corporation liable for your losses if:
- The liable driver was verifiably on duty at the time of your accident
- The liable driver was using a relevant rideshare app to go to possible passengers at the time of your accident
Rideshare corporations may attempt to circumvent your legal case against them by offering you a settlement. Make sure you compare the settlement offer you get against an attorney’s estimate of your case’s value. Some corporations may try to undervalue your case in an effort to protect their bottom lines, but you can hold them liable for all of your losses.
Filing a Personal Injury Claim Against a Third Party
Florida used to operate on an interpretation of comparative negligence that left no room for error. Today, however, the state operates on a modified understanding of comparative negligence. This means you have the right to pursue a personal injury claim as long as you are less than 51% liable for your accident’s losses.
What does this mean after a rideshare accident? It means that even if you are somewhat liable for your accident, either as another driver, a pedestrian, or a related party, you may deserve damages for your losses. You can discuss the relevant division of fault with a personal injury lawyer after your accident.
You may also have the opportunity to divide fault for your losses between a rideshare driver and a third party. Your right to do so hinges on the distribution of evidence and what negligence you believe contributed to your losses. Our attorneys can investigate your case, divide fault based on the availability of relevant evidence, and fight for your right to comprehensive damages.
Your Personal Injury Claim Comes With a Deadline
Florida recently changed its personal injury statute of limitations. You no longer have four years to bring a personal injury claim forward in civil court, including a rideshare accident claim. According to the state’s new laws, you only have two years to act on your losses.
This deadline is as unforgiving as ever. If you can’t bring your personal injury claim forward within that two-year period, you may waive your right to compensation. However, Florida rideshare accident lawyers know how to conduct a thorough investigation within that two-year period.
If you’re feeling constrained by the amount of time in which you can file your claim, contact our team. We can establish an investigative timeline and make sure that your complaint makes it before a judge before your statute of limitations expires.
Don’t Let Legal Complexities Hold Your Case Back
Rideshare accident lawsuits can intimidate many survivors with their complexity. You don’t have to let a corporation’s influence prevent you from pursuing the compensation you deserve for your losses. Let a rideshare accident lawyer with Schiller Kessler Group investigate your case.
Our team knows how to contend with a rideshare corporation’s influence and can prevent that reach from impacting your right to a fair trial. For more information about the services we offer rideshare accident victims, contact our team today. You can schedule your free, no-obligation case consultation with our personal injury lawyers online or over the phone.