Ridesharing services like Uber and Lyft have revolutionized the way we commute. However, like any other mode of transportation, accidents can happen. In the event of a rideshare accident, determining who is liable for damages can be a complex process.
In this blog post, we will discuss the various factors that determine liability in a rideshare accident.
1. Who Is the At-Fault Party?
The first step in determining liability is identifying the at-fault party. In most cases, the at-fault party is the driver who caused the accident. Rideshare accidents typically involve multiple parties, including the rideshare driver, the passenger, other motorists, and pedestrians.
Louisiana follows a comparative fault system, which means liability for an accident can be shared among multiple parties based on their degree of fault. The courts consider factors such as negligence, adherence to traffic laws, and the actions of each party involved.
If the accident was caused solely by the negligence of the rideshare driver, such as if they were distracted, driving recklessly, or under the influence of alcohol or drugs, they may be held primarily responsible for the accident.
However, if other factors contributed to the accident, such as the actions of another driver or a pedestrian, the responsibility for the accident may be apportioned among multiple parties based on their respective levels of fault.
2. What Insurance Coverage Is Available?
In Louisiana, rideshare companies like Uber and Lyft are required to provide certain insurance coverage for their drivers. The coverage typically depends on the driver's status at the time of the accident, as outlined below:
Period 1: The driver is offline or has not yet accepted a ride request. During this period, the driver's personal auto insurance policy applies.
Period 2: The driver is online and waiting for a ride request. Rideshare companies are required to provide contingent liability coverage during this period. This coverage generally includes:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
Period 3: The driver has accepted a ride request and is transporting passengers. Rideshare companies are required to provide primary liability coverage during this period. This coverage generally includes:
- $1,000,000 per accident for bodily injury and property damage
These are the minimum insurance requirements mandated by Louisiana law for rideshare companies. Some companies may provide additional coverage above these minimums.
If you are a passenger in a rideshare vehicle during an accident, you may be covered by the driver's insurance or the rideshare company's insurance, depending on the period in which the accident occurred.
3. What Damages Are Covered?
If you are involved in a rideshare accident, you may be entitled to compensation for damages such as medical bills, lost wages, and pain and suffering. The amount of compensation you are entitled to depends on the severity of the accident and the insurance coverage available. Chris Corzo Injury Attorneys can help you navigate the complex process of determining liability and obtaining compensation for damages.
If you have been involved in a rideshare accident, contact Chris Corzo Injury Attorneys for a free consultation. We are here to help you get the compensation you deserve.