In the not-too-distant past, people in West Virginia had few options for getting a ride. Today, rideshare companies like Uber and Lyft make it easy to catch a ride – even if you live in a relatively small town. These companies have become incredibly popular, with Uber reporting 2.6 billion trips taken in the last quarter of 2023 alone, while Lyft reported 709 million rides in 2023.
While rideshares are incredibly convenient, they do present certain dangers. Rideshare drivers do not get any special training, only need a valid license, and to meet the minimum age to drive in their locale. In addition, these rideshare drivers are independent contractors, not employees, which can make getting financial compensation for an accident more complicated. Our Charleston, WV rideshare accident lawyers will help you get the money that you are entitled to for your medical expenses, lost wages, pain and suffering, and more.
At Johnstone & Gabhart, we are fierce advocates for accident victims. We take on the big insurance companies and rideshare corporations – and won’t back down until we get our clients the money that they deserve for their injuries. To learn more or to schedule a free initial consultation with a Charleston rideshare accident attorney, give our law firm a call today.
Determining Liability in a Rideshare Accident
In West Virginia, liability for a car accident is usually based on a theory of negligence or carelessness. A person is considered negligent when they fail to use the level of care that a reasonable person would use in a similar situation. To win a negligence claim, the injury victim (plaintiff) will have to prove four elements:
- Duty: the at-fault driver (defendant) owed the plaintiff a duty to use reasonable care.
- Breach: the defendant violated that duty in some way.
- Causation: that violation caused the plaintiff’s injuries.
- Damages: the plaintiff suffered losses.
Most automobile accident cases involve some type of negligence, such as speeding, distracted driving, or failing to yield the right of way. In rare cases, such as a drunk driving accident, the case is based on a theory of intentional or reckless conduct. In these situations, the plaintiff can still seek financial compensation for their medical bills and other losses from the defendant – even if there is also a criminal case.
Liability for Uber and Lyft accidents is analyzed in the same way as it would be in any other car crash case. Your personal injury attorney will examine the facts of the case and determine if the rideshare service can be held accountable for your losses. For example, if a rideshare vehicle ran a red light and t-boned your car, then the driver will almost certainly be considered the at-fault party.
In some cases, liability isn’t as clear-cut as someone running a red light or rear-ending another vehicle. If you have questions about your legal options following a Lyft or Uber accident in Charleston, WV, reach out to Johnstone & Gabhart to schedule a free consultation with a member of our legal team.
Understanding Rideshare Insurance Policies
Rideshare accident claims are different from typical motor vehicle accident cases for an important reason – it isn’t simply a matter of the victim filing a claim with the at-fault driver’s insurance company. Instead, you have to figure out which insurance company is responsible for paying for your loss.
Insurance coverage in these cases depends on what the Lyft or Uber driver was doing at the time of the accident. Generally, if the driver was working, then the Uber or Lyft commercial insurance policy will cover the claim. If the rideshare driver was off the clock, then their personal insurance policy will pay.
In practice, insurance coverage for a rideshare accident claim works as follows:
- The driver is not working (or the app is not active): their personal insurance policy will cover any damages. This may mean that an accident victim won’t get fair compensation for their losses, as drivers in West Virginia are only required to carry $25,000 in coverage for liability per person, $50,000 for liability per accident, and $25,000 in property damage per accident.
- The driver has the app on and is waiting for a passenger: the rideshare company’s commercial insurance policy will cover any losses. The policy limits for this type of crash are $50,000 in bodily injury per person, up to $100,000 in bodily injury per accident, and up to $25,000 in proper damage per accident.
- The driver is on their way to pick up or transport a passenger: Uber or Lyft’s $1,000,000 commercial liability policy will cover any losses.
Anyone hurt by a rideshare driver’s negligence can file a claim – including passengers in the Uber or Lyft, pedestrians, bicyclists, and drivers and passengers of other vehicles. You do not have to be a rideshare passenger to seek coverage for your losses from the driver’s car insurance and/or the rideshare company’s commercial insurance policy.
One of the challenging aspects of rideshare accidents is that because the drivers are not employees, it is more difficult to file a lawsuit directly against Uber or Lyft. Generally, companies can be held responsible for the actions of their employees that are undertaken in the course of their work. Because Uber and Lyft drivers are independent contractors, the same legal principles do not apply.
After an Uber or Lyft accident, you may not know what to do or where to turn to help. You should seek medical attention if you are injured, and call the police to the accident scene if necessary. Do not give a statement to an insurance adjuster or sign any paperwork until you have had a chance to talk to a Charleston rideshare accident attorney. Your lawyer can file a report with Uber or Lyft and get to work immediately to put together the strongest possible case for compensation.
Increasing Rideshare Safety
Rideshare accidents are a growing concern in West Virginia as these apps become more popular. The simple fact is that it doesn’t take much more than having a driver’s license and a car to become an Uber or Lyft driver. When added to the fact that rideshare drivers may be distracted by the app itself or by passengers, the potential for motor vehicle accidents is high.
There are other potential dangers associated with rideshares. Because rideshare vehicles aren’t marked like taxis are, it can be hard for passengers to be sure that the car that they are entering is actually their ride. In at least one case, this reality led to tragedy.
In 2019, University of South Carolina student Samatha Josephson ordered an Uber and accidentally got into a vehicle that she thought was her ride. The driver kidnapped Ms. Josephson, driving her more than 65 miles before murdering her.
In the wake of her murder, Ms. Josephson’s parents established the What’s My Name Foundation to educate people about rideshare safety. They have also worked with lawmakers in several states to enact the Samantha L. Josephson Ridesharing Safety Act. This law requires rideshare vehicles to display their license plate numbers on the front of the vehicle. In other states such as New Jersey, rideshare drivers are required to post additional credentials and bar codes so that passengers can confirm their identity.
These laws may go a long way to ensuring that such a tragedy does not happen again. If you are using a rideshare, always be sure to confirm the driver’s license plate number as listed in the app before entering the car. You should also always buckle up and take common-sense safety precautions as you would if riding in a taxicab.
How Our Law Firm Can Help
If an Uber or Lyft driver causes an automobile accident, then they – and potentially the rideshare company – will be responsible for any losses that result. Depending on what the driver was doing at the time of the crash, an accident victim may be able to seek compensation from Uber or Lyft in addition to the driver’s car insurance policy. Our experienced Charleston personal injury lawyers will sift through the legal issues to help you get the compensation that you deserve for your losses.
At Johnstone & Gabhart, we work hard to help clients throughout West Virginia get maximum compensation for their car accident claims – including those involving rideshares like Uber and Lyft. We have more than 50 years of experience handling everything from truck accidents to bus crashes to pedestrian accidents to Uber accidents. To learn more or to schedule a free consultation with a Charleston rideshare accident attorney, call us at 866-245-6359 or email us at any time.
Related:
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How to Deal with Auto Insurance Adjusters After a Car Accident in West Virginia