Rideshare apps like Uber and Lyft have been game-changers in how we get around. But when accidents happen during a rideshare trip, things can quickly become complicated. If you're a victim in Louisiana, whether as a passenger, driver, or pedestrian, understanding liability in these situations is essential. Here's what you need to know about who could be held responsible and how to protect your rights.
Understanding Rideshare Liability in Louisiana
Rideshare accidents present unique legal challenges because they involve multiple parties, including the rideshare company, the drivers, passengers, and even other motorists. Determining liability depends on the specific circumstances of the accident and the roles of those involved.
Louisiana’s At-Fault Insurance System
Louisiana follows an "at-fault" insurance system, meaning the party responsible for causing the accident is liable for damages. However, in a rideshare accident, liability can shift depending on the rideshare driver’s status at the time of the crash.
Rideshare companies like Uber and Lyft do provide insurance policies for accidents, but coverage depends on whether the rideshare driver was:
- Active on the app but waiting for a ride request
- En route to pick up a passenger
- Actively transporting a passenger
Each of these stages influences how liability is determined.
Who Could Be Held Liable?
There are several parties that may bear liability in a rideshare accident:
1. The Rideshare Driver
If the rideshare driver caused the accident, they could be held partially or fully liable. However, the driver’s personal auto insurance is not always sufficient in these cases. Most personal insurance policies have exceptions for accidents that occur during commercial activities like rideshare driving.
Fortunately, Uber and Lyft both provide additional insurance coverage, but this applies only under certain conditions:
- When the driver is online and waiting for a ride request, Uber and Lyft offer limited liability coverage of up to $50,000 per person injured, $100,000 total per accident, and $25,000 for property damage.
- When the driver is en route to pick up a passenger or has a passenger in the vehicle, higher coverage applies, including $1 million in liability insurance.
2. The Rideshare Company
Although rideshare companies provide insurance, they typically try to distance themselves from being directly liable. Uber and Lyft categorize their drivers as independent contractors, not employees, which complicates holding the companies themselves responsible. However, in some cases, you may be able to claim the company’s insurance to cover damages, particularly when a driver’s negligence directly caused your injuries.
3. Another Motorist
If another driver is at fault for the accident, the process may follow a more straightforward liability claim. The at-fault driver’s insurance policy would typically cover the damages resulting from the crash. However, Louisiana requires all drivers to carry minimum liability insurance. If the at-fault driver is uninsured or underinsured, recovering compensation may become more challenging.
4. Pedestrians or Bicyclists
While less common, pedestrians or bicyclists could share liability, particularly if their actions contributed to the accident. For example, jaywalking or riding into oncoming traffic could have legal implications.
How to Protect Your Rights After a Rideshare Accident
If you're involved in a rideshare accident in Louisiana, here are critical steps you should take:
- Seek Medical Attention Immediately: Your health and safety should always be the priority. Visit a doctor even if injuries seem minor, as some conditions may not show symptoms right away.
- Report the Accident: Notify the appropriate authorities, including the police. A police report will play an essential role in determining liability.
- Document Everything: Collect as much evidence as possible. Take photos of the accident scene, your injuries, and the vehicle damage. Get contact information from the rideshare driver, other motorists, witnesses, and passengers.
- Notify the Rideshare Company: Report the incident through the rideshare app to ensure the company is aware of the accident. Be cautious when providing details, as anything you say could impact your claim.
- Consult an Experienced Attorney: Rideshare accidents can be legally complex, especially when dealing with multiple insurance companies. An experienced Louisiana personal injury attorney can help you understand your rights, negotiate with insurers, and ensure you receive fair compensation.
Compensation You May Be Entitled To
Victims of rideshare accidents may be eligible for various types of compensation, including:
- Medical Expenses: This includes hospital bills, rehabilitation, and long-term care costs.
- Lost Wages: If you’re unable to work due to injuries, you can seek compensation for lost income.
- Pain and Suffering: Emotional distress and physical pain caused by the accident may also be compensable.
- Property Damage: Covering repairs or replacement of damaged vehicles or personal belongings.
Talk to a Rideshare Accident Lawyer in Baton Rouge
Navigating the legal and insurance intricacies of a rideshare accident in Louisiana requires experience and a deep understanding of state law. Insurance companies, including those representing rideshare giants, often attempt to minimize payouts or deny claims altogether.
At Pierce & Shows, we understand how overwhelming this process can feel. Our dedicated team of attorneys can handle rideshare accident cases, ensuring our clients get the resources and guidance they need during this difficult time. Don’t face this alone, we're here for you.
Contact us today at (225) 320-8050 for a free consultation and take the first step toward securing the compensation you deserve.