Rideshare Accident Attorney in Lexington, Kentucky

Who Is Held Liable if a Rideshare Driver Causes an Accident?

Automobile accidents involving rideshare vehicles have various rules on when a rideshare company, like Uber or Lyft, holds liability for damages. These rules are dictated by Transportation Network Company (TNC) laws, which vary by state due to minimum insurance requirements.

Liability Depends on Whether the Rideshare Driver Engaged with the App

However, in general, rideshare companies may hold liability if the driver providing the rideshare service was actively logged into the app during the accident. Different stages of engagement dictate how much coverage the rideshare company must provide. For example:

• If the rideshare driver was not logged into the app: The rideshare driver must use their auto insurance to cover damages. Because rideshare drivers are independent contractors, they must carry their own insurance for their vehicle during hours when they are not actively working.

• If the rideshare driver was logged in and waiting for a ride request: The rideshare company may provide coverage if the driver’s personal auto insurance does not. This also applies to cases where the driver was roaming cities searching for rides.

• If the rideshare driver was logged in and actively giving a passenger a ride: The rideshare company would hold liability since the driver was actively providing their service. This also applies to cases where the driver was picking up or dropping off passengers, even though the ride just began or ended.

If you are unsure if the rideshare company is liable for your injuries and damages, an Uber accident lawyer or a Lyft accident attorney in Lexington, KY, from the Morrin Law Office, can investigate this for you. Our injury professionals can also look into whether other parties could be liable. These parties could include a manufacturing or maintenance company if vehicle failure occurred, or a local municipality if road conditions caused the accident.

Rideshare Companies Must Provide Liability Coverage by Law in Specific Cases

Ky. Rev. Stat. § 281.655 defines how much insurance liability coverage drivers and other passenger carrier services must provide in the event of an accident. Per this statute, companies like Uber and Lyft must provide the following policies:

• $50,000 in bodily injury coverage, including death, for one person

• $100,000 in bodily injury coverage, including death, for an accident

• $25,000 in property damage coverage for an accident

Other insurance policies include up to $1 million in third-party liability coverage, uninsured/underinsured motorist coverage, and contingent comprehensive and collision coverage.

A Lexington personal injury lawyer from our office will file all necessary claims with each liability insurer involved in your case. We can also petition for greater compensation if these policies do not cover the extent of your damages, which may involve filing a personal injury lawsuit.

Possible Responses the Rideshare Company Might Give After an Accident

Rideshare companies often try to deflect from claiming any liability for accidents, so do not be surprised if they contest your claim about the crash. Some common responses include:

• The rideshare driver was not logged in to the app during the accident: If the rideshare driver lost signal during your ride, the rideshare company may claim the driver was not logged into the app or turned off the app during the ride, absolving it of liability. Alternatively, some dishonest drivers pose as official rideshare drivers using false decals. This not only endangers passengers but also relieves the rideshare company of liability.

• You were not wearing a seat belt during the accident: Many passengers skip wearing a seat belt in rideshare vehicles, especially if their trip is short. However, if you suffered injuries during your ride, the rideshare company may claim your injuries could have been avoided had you worn a seat belt. This could negatively affect your case.

• Another party is liable for the accident, not the rideshare company: This response is common if other contributing factors exist. For example, if the driver’s vehicle experienced engine malfunctions, then the engine or vehicle manufacturer or the mechanic that last performed maintenance on the vehicle may be liable for negligence. The rideshare company might also put liability back onto the driver if they did not keep up with regular vehicle maintenance.

• You do not have enough information for your claim: The rideshare company’s insurer will take any opportunity to deny your claim, so it is crucial that your claim is meticulous in detail and has supporting evidence. Our injury professionals will prepare your claim for you to avoid rejection due to technical errors or insufficient information.

What Kind of Compensation Can You Get for a Rideshare Accident?

If you were injured in a rideshare accident in Lexington, Kentucky, you may be able to receive compensation for these damages:

• Medical treatment costs

• Current and future lost wages

• Property damage costs, including the actual cash value of a totaled vehicle (for cases where the plaintiff was a separate driver)

• Reduced earning potential if your injuries are permanent or involve long-term recovery

• Diminished quality of life if you can no longer live independently or participate in hobbies or activities

• Pain and suffering, both emotional and physical

• Loss of consortium

• Emotional distress, including psychological trauma

There may be other damages that you qualify to claim, which our office will inform you of after reviewing your case. We can also go over how we calculate your damages in future consultations. If you experience any other damages during the preparations of your case, feel free to inform your rideshare accident lawyer in Lexington, KY.

What Kind of Evidence Should You Collect for a Rideshare Accident Case?

Some evidence that would be useful for your rideshare accident case include:

• A copy of the official crash report written by law enforcement

• Photographs or videos of the accident, including videos from traffic cameras, surveillance cameras, or dashboard cameras

• Eyewitness testimony and any footage they may have captured on their cellphone or other devices

• Expert witness testimony, such as from medical experts, mechanics, vocational therapists, and economists

• Your medical records, including medical images of your injuries

• Cellphone records, which can prove that you or the driver was engaging with the app at the time of the accident

Our attorney will collect this evidence for you if you are not able to retrieve certain items yourself. Additionally, our office conducts separate investigations into our clients’ cases so that we can collect as much evidence as we need to support your claims.

Other Precautions to Take to Protect Your Rideshare Accident Case

Beyond collecting evidence for your case, you should also take precautions to not provide evidence for the defendant. While your case is ongoing, try to avoid:

• Posting any images or information on social media about the accident: Posting on social media can negatively impact your case, especially if information conflicts with your statements, such as timestamps that differ from when you claim the accident occurred. Also, if you were able to move after the accident and record a video but developed injuries later, the defendant might claim you didn’t suffer injuries at all based on your posts.

• Writing negative reviews about the rideshare company: Posting negative reviews about the rideshare company while your case is going on can put your case at risk. The defendant might claim your case is motivated by malice against the rideshare company, which could place doubt on the severity of your injuries. Until you settle your case, refrain from making any public statements about your accident. Save your negative review for after you settle or the case is tried before a jury. You will be able to post it then.

How Our Rideshare Accident Attorney in Kentucky Can Help Your Case

When you work with a Lexington, Kentucky, accident attorney from the Morrin Law Office, we offer the following services:

• Case investigation: We use our resources to review any available evidence and contact appropriate parties to collect additional evidence for your case. This may involve contacting witnesses, requesting information from the defendant or their insurer, and consulting expert witnesses about your case.

• Administrative work: Our injury professionals will fill out paperwork on your behalf and submit your lawsuit within Kentucky’s statute of limitations for car accidents, found in Ky. Rev. Stat. Ann. § 304.39-230. We will also file legal motions, when necessary, schedule your court hearing, and update you whenever new information about your case arrives.

• Legal representation: Our attorney will represent you during different stages of your case, such as in negotiation meetings or at trial. They can also provide legal counsel whenever you have questions or concerns about your case.

• Access to free resources: You can read more about the litigation process in our free book, Fighting for Justice: Insights from America’s Premier Personal Injury Attorneys. You can also download our Morrin Law Injury Help App to collect evidence for your case right away.

Get a Free Case Evaluation When You Call the Morrin Law Office

If you or a loved one was injured in a rideshare accident in Lexington, Kentucky, you may qualify to pursue damages from a liable party, such as the rideshare driver or the company. A Lexington personal injury lawyer from the Morrin Law Office can build a case against the liable party for you and provide counsel as you navigate the litigation process.
Our office also works on a contingency fee basis, so you will not have to pay attorney’s fees unless we win you compensation. Call (859) 358-0300 to get a free consultation with one of our injury professionals. We can discuss which legal options are available to you and what to expect with your case.