Auto Accidents
At McEldrew Purtell, our experience in Pennsylvania auto accident litigation is extensive. We furiously fight for victims of car accidents.
Rideshare services like Uber and Lyft have exploded in popularity since first appearing in major cities like Philadelphia in 2012. Ridester.com reports that Uber alone provides 14 million trips to customers worldwide every day. They boasted around 93 million active users every month in 2020.
Rideshare drivers are out there on Philadelphia’s roads, whether you use a rideshare service or not. As a result, there is a possibility that if you are involved in a wreck, the other driver may be driving for Uber or Lyft. Car crashes can be complicated, and the involvement of a rideshare driver [and insurer] can make unraveling them and getting compensation even more confusing.
A rideshare attorney from McEldrew Purtell can help you make sense of your rights and your path to compensation in this situation. Our rideshare injury attorneys are intimately familiar with the laws and rules that govern these accidents, allowing us to help you file an insurance claim and lawsuit quickly.
Why Rideshare Accidents Happen
Rideshare drivers should not be compared to professional taxi drivers or commercial drivers in terms of their training and experience. You do not need any special license to drive for Uber or Lyft. Instead, you only need to show that you are a licensed driver with the requisite years of driving experience and vehicle insurance.
This means that a rideshare accident can happen for many of the same reasons that other motor vehicle wrecks occur. These reasons include drivers who are:
- Not following the rules of the road, including right-of-way laws
- Speeding or driving recklessly, especially through intersections
- Distracted by text messages or using an app
- Impaired by alcohol, drugs, or some combination thereof
- Using a vehicle with defective brakes or other equipment
There may be more than one cause and more than one negligent party responsible for your accident. The more people involved in your wreck, the more complicated sorting out liability can be. But even if you are hurt because your Uber or Lyft driver got into a single-car crash, hiring a rideshare lawyer can help you understand what led to your crash and what rights you have.
Who Pays After an Uber or Lyft Accident?
The question of who pays for your injuries following a rideshare accident is especially complex. Having an experienced Uber crash lawyer is highly recommended to help you navigate the complicated legal landscape and to help ensure you are able to access the maximum amount of compensation possible.
Some of the reasons why Uber or Lyft accidents in Philadelphia are so complicated include the following:
Pennsylvania Is a Modified Comparative Negligence State
First, Pennsylvania follows a modified comparative negligence rule in motor vehicle accident cases. Generally, this means that you are entitled to compensation from another so long as you are less than 50 percent responsible for causing the wreck and your injuries. If you were also negligent and your negligence was the primary reason the accident occurred, you will not be able to recover any compensation from that other driver.
Passenger vs. Other Motorist Status
Furthermore, your rights to compensation will depend on whether you were injured while a passenger in a rideshare vehicle or whether you were a motorist hurt by an Uber or Lyft driver. In either case, you should seek assistance from a lawyer for Uber accident claims. Your rideshare injury lawyer can help you pursue compensation whether you are an injured motorist or an injured rideshare passenger. However, how you go about doing so will be different.
Pennsylvania’s No-Fault Insurance Laws
Pennsylvania’s auto insurance laws are unique because drivers can purchase no-fault insurance coverage. With no-fault coverage, you will file a claim with your insurance carrier and get paid on that claim, no matter who was at fault for causing your crash. However, your right to sue the at-fault driver is significantly limited with no-fault insurance.
If you are a motorist injured by a rideshare driver driving in another vehicle, your Lyft injury lawyer will want to know if you have no-fault coverage. This will make a difference in your right to sue the rideshare driver.
Your type of auto coverage does not apply if you were hurt while riding as a passenger in an Uber or Lyft car or SUV.
Status of the Rideshare Driver
Last, your rideshare accident lawyer will look into whether the Uber or Lyft driver was active on the rideshare app and what their status was at the time of the wreck. Both Uber and Lyft have insurance policies that cover drivers, but only when they have accepted a fare and are on their way to pick up a customer or are actively transporting a customer.
Fault and Liability Are Complicated Questions in a Rideshare Injury Crash
With all of these variables that can affect your right to compensation, the need to have an experienced rideshare accident attorney to help you cannot be overstated. Do not leave your ability to recover compensation to luck or chance. Consult with a Lyft car accident attorney from McEldrew Purtell today.
Injuries Commonly Seen in Rideshare Accidents
As with other vehicle wrecks, an Uber or Lyft accident can leave you injured, sometimes severely. The severity of injuries you sustain will depend on many factors, including the following:
- The speed of the vehicles involved
- Whether you were wearing a seat belt at the time of the crash
- Other safety features in the vehicle
- The size of the vehicles involved relative to one another
Our rideshare accident lawyers can help you pursue compensation for a variety of harm, including injuries such as:
- Head, neck, and spinal cord injuries
- Traumatic brain injuries (TBIs)
- Broken bones
- Cuts and burns
- Loss of limb (amputation) injuries
In addition to compensation for your medical bills and expenses, you may also be entitled to recover compensation for lost wages, counseling and mental health services, pain and suffering, and the loss of enjoyment of life. Your rideshare injury attorney can describe in greater detail the exact compensation you could receive in your case.
Our Expertise
Bicycle Accidents
Bicycle accidents are commonly caused by distracted motorists. Riding your bicycle should be a matter of enjoyment – whether you're riding your bike for transportation or as a form of exercise.
Drunk Driving Accidents
If you or someone you love has been injured due to an intoxicated driver, our attorneys will assess the potential for dram shop liability and evaluate other avenues for compensation for the resulting harm.
Motorcycle Accidents
There are over 3,000 motorcycle crashes in Pennsylvania involving a motorcycle every year — 80 percent of all accidents result in death or injury.
Frequently Asked Questions Answered by a Lyft and Uber Injury Lawyer
McEldrew Purtell’s team of experienced Lyft accident lawyers is available to answer all of your questions about your rideshare accident and your rights. Here are some common questions our Uber crash lawyers receive.
How Does Pennsylvania’s No-Fault Insurance Work in a Rideshare Crash?
Suppose that you have no-fault insurance and are driving your car when an Uber driver runs a red light and hits you. In this case, you would file a claim with your insurer, who would then pay you benefits in accordance with your policy’s terms. You would not be able to sue the Lyft or Uber driver unless you sustained serious injuries, the cost of which exceeded your policy’s benefits.
Can I Sue Uber or Lyft for My Injuries?
In most cases, no. Both Uber and Lyft consider their drivers to be independent contractors, not employees. While both companies do cover their drivers under a corporate insurance plan when they are transporting customers, this does not mean that either company is always liable for their drivers’ errors. Your Uber accident lawyer can tell you whether directly suing the rideshare company is an option in your case after reviewing the matter.
How Long Do I Have to File a Rideshare Accident Lawsuit?
Pennsylvania's statute of limitations requires you to file a lawsuit within two years of your crash. This period of time begins to run on the day your crash occurs. However, there are exceptions to this general rule. So while you should seek compensation as soon as you can for your injuries, talk with an Uber accidents lawyer even if it has been more than two years since your crash.
When to Consult with an Experienced Transport Accident Attorney
The team at McEldrew Purtell, your Uber accident law firm, is eager to put our knowledge and experience to work for you. If you or a loved one are hurt in a crash, and at least one of the drivers involved is a rideshare driver, our Lyft accident attorneys want to speak with you. Contact McEldrew Purtell right away and allow us to assist you in recovering the compensation you deserve.