Uber launched its application in 2011 in San Francisco and has since spread to more than 785 metropolitan areas where hundreds of thousands of drivers operate in dozens of countries. Lyft and other transportation network companies have followed suit, making these vehicles just as visible in New Orleans as traditional taxi cabs. While these vehicles offer an alternative to taxis or private car rides, they may also pose a hazard to other motorists in New Orleans and surrounding areas. Additionally, the companies that put these drivers on the roadway take great measures to insulate themselves from liability if their drivers are involved in accidents.
Common Causes of Uber and Lyft Accidents
Uber and Lyft accidents can occur for any number of reasons, but the most common are:
Distracted Driving
Rideshare drivers receive various messages from the rideshare app as customers make requests for rides. They may look down at their messages or respond to them, taking their eyes or mind off the task of driving. It can be difficult for rideshare drivers to maintain attention on the road when they are constantly being messaged about the next ride and opportunity to make money.
Unfamiliar with New Orleans Roads
Additionally, drivers may be unfamiliar with the neighborhoods where they are picking up or dropping off passengers. While looking for the next cross street, they may not be paying attention to the traffic around them. This can put others at risk, including passengers and other motorists on the roadway.
Speeding
Rideshare drivers who want to get a good review by getting their passenger to their destination on time may speed. Others may try to drop off passengers as fast as possible in order to get more rides and earn more money. When drivers speed, it is more difficult for them to maintain control of their vehicle. Additionally, if they get in an accident, injuries are often more severe due to the higher force of impact at a higher speed.
Unexpected Stopping
Uber and Lyft drivers may stop unexpectedly to pick up or drop off passengers. Additionally, New Orleans is home to millions of visitors every year, so drivers may have to stop to avoid pedestrians. Unsuspecting motorists may not be able to stop in time to avoid crashing into vehicles making these unexpected stops.
Inexperienced Driving
Uber and Lyft drivers do not have to be expert drivers to work for rideshare companies. In fact, a 2018 CNN investigation found 103 active Uber drivers who had been accused of sexual assault or abuse, some of whom had previous criminal convictions on their record. Inexperienced drivers may not anticipate large crowds that are common in New Orleans or know how to drive defensively to avoid a collision.
Who Is Responsible for an Accident Involving a Rideshare Driver?
Louisiana is an at-fault state when it comes to car accidents. This means that accidents involving a rideshare driver begin the same way as other accidents: with an inquiry about who was at fault for the accident. This is why it is important to conduct an investigation into the potential causes of the accident.
It is important to note that even if the rideshare driver is found at fault for the accident, this does not necessarily mean that the rideshare company itself is at fault for the accident. This is because of the way these types of companies are set up. Because the rideshare company is a technology company that matches willing passengers with willing drivers and hires drivers as independent contractors, the rideshare company is not generally responsible for the negligent acts of its drivers.
However, the rideshare company does typically provide for liability insurance in case the driver gets into an accident while using the app. The insurance that applies usually depends on where you are during the transaction.
For example, if the app is turned on but the driver has not received a request for a ride and gets into an accident, Uber and Lyft provide comparable insurance policies with $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident. If the accident occurs after the driver has received a ride request or has a passenger in the vehicle, Uber and Lyft provide up to $1 million in liability coverage.
While ample insurance may be available, insurance companies will not willingly pay out the maximum to injured victims. An experienced car accident lawyer can fight for the compensation you deserve.
What to Do if You Are Involved in an Accident in a Rideshare Vehicle?
Your first priority must be to protect your own health and safety. Notify the driver if you suspect you are injured and seek immediate medical attention. Document the scene of the accident by taking pictures at the accident scene, including pictures of your injuries, damage to each vehicle involved, traffic signs, and any debris on the roadway. Also, take a picture of your phone that shows where you were at during the transaction.
Make sure that you get the insurance information for each driver involved in the accident, as well as their contact information and information identifying their vehicle.
Report the accident to the rideshare company.
Seek follow-up medical treatment and follow your doctor’s orders. Request copies of all of your medical records and bills.
Do not agree to sign anything or give a recorded statement to the insurance company since this information can be used against you to deny or minimize your claim. Talk to an experienced lawyer as soon as possible to get advice about your next steps. Provide your lawyer with all communications you have received from the insurance company and any evidence you have collected.
Contact a Lawyer for Help
If you were involved in a rideshare accident and would like to understand your legal rights or options, contact Chris Bruno today. We provide a free case review to explain your rights and advise you on next steps. Contact us today to learn more.
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