Who is liable in an Uber or Lyft accident? Determining liability in an accident involving a driver working for a rideshare service can be complicated in numerous ways. The rideshare driver, the rideshare company, or another driver on the road can all hold and share liability.
A South Carolina Uber and Lyft accident lawyer can help you make that determination.
Liability of Rideshare Drivers and Other Parties
Is Uber liable for accidents, or does Lyft have to pay for your injuries? To determine liability in these types of accidents, we must focus specifically on what was occurring at the time of that incident. It is critical to remember that the same application of negligence applies.
That is, evidence must be obtained that demonstrates the alleged at-fault party owed the victim a duty of care. The duty of care must be breached in some manner, and that breach must have directly caused the accident. A victim must also suffer injuries directly as a result of the accident.
Assuming the concept of negligence is applicable in rideshare accidents, we must demonstrate that the rideshare company could hold liability directly. To do that, it is necessary to determine if the driver was acting on behalf of the rideshare company. Consider these examples in which a rideshare driver may or may not be responsible, as evidenced by our South Carolina rideshare accident lawyer.
Rideshare Driver Responsibility
Rideshare drivers are responsible for their actions and owe a duty of care to the people in their vehicles and on the roadway with them.
Driver’s liability insurance, which Lyft and Uber require drivers to maintain, pays for losses if the driver operates their vehicle without using the rideshare company’s app. Driver negligence often includes misconduct, recklessness, or intoxication.
The Rideshare Company’s Responsibility
Lyft and Uber liability applies in situations where the driver engaged in some breach of duty of care while operating the company’s app to provide a service to customers. If the app is on and they are en route or providing services to a rider when the accident occurs, Lyft and Uber’s liability insurance applies. This provides another layer of protection for victims.
Another Motorist Responsibility
The rideshare driver may not be directly responsible for the accident themselves, but instead, it may be due to the actions of another motorist on the roadway. In these situations, especially when multi-vehicle accidents occur, the damages you suffer as a rideshare passenger are typically owed by the at-fault party. The other motorist may be held accountable for your pain and suffering, medical bills, and other losses.
Others on the Roadways
If a Lyft or Uber driver strikes a pedestrian or cyclist or those parties cause an accident with the vehicle, the at-fault party is responsible for the losses.
For example, if you are hurt as a passenger in a rideshare vehicle because a pedestrian ran out into the street, that pedestrian could be held responsible for your losses. If the driver’s actions contributed to the accident, the driver’s insurance or the rideshare company’s insurance would cover your losses.
Other Parties Could Be Held Responsible
Lyft and Uber liability could be less in situations where other parties cause or contribute to your injuries. For example, if the roadway is unsafe due to poor maintenance or a defect in the car’s design causes an accident, those parties responsible for those flaws may owe you compensation for your losses. These are challenging cases, but your legal team can help you build a case that outlines your rights.
More Than One Party
There are also situations where more than one party could be held liable. With the guidance of an accident attorney, you may be able to pursue legal action against any party that played a role in the losses you have resulting from the accident. It is critical to ensure you know all the details of the accident to prove this type of loss.
Key Liabilities Held By Rideshare Companies
It is also critical to understand the responsibilities of rideshare companies. There are various ways that Lyft and Uber could be held responsible for the injuries and losses you have, whether you are a passenger or a third-party motorist. Consider the following aspects of Uber’s liability for accidents.
- Agency law: The rideshare company may be vicariously liable for the actions of their drivers, much like employers are held responsible for employee mistakes. They could be held liable for any wrongful acts riders engage in while actively engaged with a rideshare trip.
- Insurance coverage: Rideshare companies must provide insurance coverage for their drivers while they are providing services. This insurance covers the driver and passengers in situations of an accident. The terms and conditions of the rideshare company’s policy could play a role in what they will or will not pay for.
- Company policies: Another factor that determines liability from the rideshare company’s standpoint is its policies regarding driver conduct, safety requirements and measurements, and vehicle maintenance. In situations where the company knew there were risks or violations in these areas and did not take action to prevent injury to passengers, it could be held liable.
The complexity of rideshare accidents and the laws related to transportation network companies in South Carolina make it critically important for accident victims to arm themselves with legal representation if they have injuries in a case like this.
Lyft and Uber’s liability is often limited because they have powerful and experienced insurance adjusters and attorneys working for them to minimize financial loss. Victims of such accidents should expect to receive the same type of advocacy from the South Carolina car accident lawyer they hire to represent them in such complex cases.
Schedule a Free Consultation with an Uber or Lyft Rideshare Accident Attorney
In situations where you are facing uncertainty about liability in an Uber or Lyft accident, allow the legal team at Shelly Leeke Law Firm to guide you in pursuing full and fair compensation for your losses.
Contact us for a free consultation. Learn what your rights are under the law.
