For many, using rideshare vehicles is a way of life. These companies provide a necessary service to people commuting to work and those in need of a car for social purposes. Passengers should expect a certain level of care when stepping into these vehicles.
When rideshare companies fail to provide this care, a Charleston rideshare accident attorney at Shelly Leeke Law Firm will hold them accountable. Our Charleston car accident lawyers are ready to fight to make sure you get the compensation you need. Our Charleston personal injury attorneys have decades of experience fighting against the biggest insurance companies and toughest litigants out there.
Common Injuries in Rideshare Accidents
Numerous injuries can arise from a rideshare accident. Just because someone drives for a rideshare company does not mean they are more qualified to drive than any other person on the road. These drivers are not more skillful than the average person at driving. In other words, you are no safer in a rideshare car’s back seat than in any other car on the road. The risk of a motor vehicle accident is just as real.
Some of the most common injuries a person can experience from a rideshare accident include the following:
- Cuts
- Bruises
- Damage to the spine
- Head trauma
- Internal bleeding
- Broken bones
- Fractures
- Whiplash
Passengers should get into rideshare cars fully realizing these risks and take any necessary actions in the event of an accident.
What to Do After Being in a Rideshare Accident
Once a rideshare accident has taken place, you must act quickly. Time should not be wasted. Specific steps must be taken to recover as swiftly as possible and ensure that the liable party is held responsible for their reckless, negligent behavior.
The first step is calling the police to report the accident, which will result in the generation of a police report that can be used as evidence when it is time to file a claim. Receiving immediate medical treatment is essential because it enables the victim to address any health concerns and creates an official record of injuries sustained and treatment needed. Taking photos and videos of the accident scene, including damages and injuries, can be helpful.
Victims should also obtain witness contact information and notify the rideshare company of the accident. Hiring a Charleston rideshare accident attorney to gather evidence and file a claim can prove helpful. Not only can a rideshare accident lawyer in Charleston review a case and determine the chances of succeeding with a lawsuit, but they can provide the victim with information about common carrier laws and insurance policies.
Common Carrier Laws & Insurance Policies
According to South Carolina law, “‘Common Carrier by Motor Vehicle’ means any person which holds itself out to the general public to engage in the transportation by motor vehicle in intrastate commerce of persons or property for compensation, whether over regular or irregular routes, except as exempted in Section 58-23-50 and Section 58-23-70 of Code of Laws of South Carolina, 1976.”
Rideshare companies, like Uber and Lyft, are classified as common carriers, which means that common carrier laws apply to accidents in which they are involved. Therefore, the insurance policies that these rideshare companies have must be accounted for when evaluating the next steps.
Common Carrier Laws
In South Carolina, common carrier laws apply to the Charleston Area Regional Transportation Authority, taxis, and rideshare companies like Uber and Lyft. Since common carrier laws apply to rideshare companies, they must display a certain level of care when driving their passengers to and from their destinations. If the rideshare companies fail to fulfill this duty of care and cause an accident, their negligence may be used against them in a court of law.
Rideshare Insurance Policies
Rideshare services, such as Uber and Lyft, are covered by substantial commercial insurance policies. They are typically one-million-dollar policies, which can cover any costs associated with injuries or damages the driver caused in a motor vehicle accident.
To ensure their rights are protected, those injured in a rideshare accident should hire a rideshare accident attorney in Charleston. The attorney can help better understand the common carrier laws and insurance policies that the rideshare companies have, so the accident victim can effectively determine liability and seek compensation for damages.
Determining Who Is Liable in Rideshare Accidents
For a Charleston rideshare accident lawyer to determine liability in a case, they must first examine the evidence. With this in mind, all of the evidence must be present. A shortage of evidence will work against the victim. Therefore, it is best to have as much as possible.
Evidence is essential because it backs up a victim’s claim. Not having these documents or information weakens a case and makes it harder to win. South Carolina is an at-fault state, meaning the rideshare company’s insurance carrier will try and prove that the victim is partially responsible for the accident.
The insurance company will do this to minimize the amount of money they have to pay out. For this reason, a Charleston rideshare accident attorney is the most important tool in your toolbox when filing a rideshare accident claim. A skilled and successful lawyer will build the best claim possible to ensure victory.
Seeking Damages in a Rideshare Accident Case
Immediately after an accident, the victim should get in touch with the police and receive medical attention. Contacting the police ensure the creation of a police report, and receiving medical attention results in documentation of the injuries sustained and the required treatment. Both of these items can be used as evidence.
Once these two critical steps have been taken, the victim should call a lawyer to assist them with their case. Notifying the rideshare company of the accident is essential because it triggers their insurance company to begin the reserves process. This process is when the insurance carrier puts aside money to compensate those injured in accidents.
Contact Shelly Leeke Law Firm for a Charleston Rideshare Accident Attorney
Victims of a rideshare accident in Charleston turn to Shelly Leeke Law Firm in their time of need. They know we will provide them with a Charleston rideshare accident attorney to fight for their rights. Contact us today so we can help you.