Increasingly in the Kansas City area, commuters use ride-share services like Lyft and Uber to get to work, return home after a night out or attend events.
These ride-sharing services are convenient, flexible, and affordable—but what happens if you are involved in an accident as a passenger and get injured?
Who is liable and what should you do?
The ride-share accident lawyers at Noland Law Firm, LLC, offer a free case evaluation to discuss your situation. We can help you prove liability and claim what you are entitled to…
What should I do after a ride-share accident?
If you are involved in a ride-share accident, you may be disoriented and/or injured in the immediate aftermath. However, taking the following actions may help your legal position:
- Remain calm and call the police to report the accident. The police report on the scene of the accident and possible causes will be important evidence if and when you assert your legal right to sue the at-fault party.
- Arrange a medical checkup even if you do not think you’re seriously injured. This will document your condition and may highlight “hidden” injuries, often providing essential evidence when filing a personal injury claim.
- Take pictures and video at the scene of the accident, if you’re in a fit condition and it is safe to do so, and collect the contact details of anyone else in the vicinity of the accident at the time.
Once your injuries have been checked by a local medical professional and appropriate treatment received, contact one of our ride-share accident lawyers in Liberty, Missouri. This will help you understand your legal rights and options and take the recommended steps to seek damages from the responsible party.
Your lawyer will investigate the accident, gather evidence to prove liability, and handle all communications and negotiations with the insurance companies of the liable party or parties.
What are the common causes of ride-share accidents in Missouri?
The most common cause of ride-share accidents, like most car accidents in Missouri, is human error from a driver—either the Uber or Lyft driver or another motorist.
To be more specific, the types of errors that result in accidents often involve driver behavior that breaches the duty of care owed to other road users, including passengers.
These actions include:
- Texting and driving
- Distracted driving from using GPS, looking for passengers while driving or conversing with passengers in the car
- Drunk driving or impaired driving
- Fatigued driving
- Speeding
- Disobeying road signs, especially stop signs or red lights
- Road rage
- Tailgating
- Illegally dropping off passengers unsafely
Inexperience or lack of driving skills may also lead to accidents—but this is no defense against negligence on the roads. Examples include poorly executed U-turns or left turns or failing to properly account for pedestrians or bicyclists at intersections.
Road conditions may play a vital role in the cause of an accident, but professional drivers are expected to be skillful and experienced enough to adjust their driving to the conditions and avoid danger and accidents.
Who can be held liable for ride-share accidents in Missouri?
If you decide to pursue a personal injury claim for your ride-share accident injuries, your lawyer will need to prove liability, which may be contested (even in “open and shut” cases, few insurance companies immediately accept their client’s liability).
Most, but not all, ride-share accidents are caused by negligent drivers. In some cases, passengers can seek damages from parties other than the insurance company of an at-fault driver.
Liability if you are a ride-share passenger
If you are riding as a passenger in an Uber or Lyft and suffer auto-accident injuries, you are covered by a corporate commercial liability policy from the ride-share company, which provides considerable coverage.
You may file a personal injury claim either against the ride-share company or the at-fault Uber or Lyft driver. For larger claims, it is more common to file a damages claim against the ride-share company, due to their large insurance policies.
If the driver of another vehicle causes an accident, your lawyer may claim damages from the driver’s auto insurance company rather than the ride-share company’s policy. Sometimes, at-fault drivers are underinsured or uninsured, though, making the option of claiming with the ride-share company’s insurance more advisable.
Liability if you are in a non-ride-share vehicle
If you are the occupant of another vehicle, cyclist or pedestrian involved in an accident with a Lyft or Uber vehicle and suffer injuries, you may be able to hold the ride-share service liable if the driver was actively transporting a customer for a fee.
However, if the ride-share driver was alone in the vehicle at the time of the accident, your lawyer may file a lawsuit against the at-fault driver directly. Otherwise, a claim may be made against the ride-share service’s insurance policy if the driver was using the app at the time of the accident—even if no fare was in the vehicle at the time.
Defective vehicle liability
If your auto accident injuries are caused by an unsafe or defective vehicle, your personal injury lawyer may file a lawsuit against the manufacturer in a product liability claim.
This is far less common in Missouri but may be an option if it can be proved that auto parts like faulty tires, airbags, or brakes failed, malfunctioned or otherwise caused or contributed to your accident injuries.
If a poorly maintained vehicle is proven to have caused the accident, this is usually the responsibility of the driver or ride-share company. Sometimes, in more complex cases, multiple parties can be held liable for accident injuries.
What damages are available for victims of ride-share accidents in Missouri?
Ride-share accident injury victims can claim both economic and non-economic damages. Economic damages include easily measurable losses, such as medical expenses, while non-economic losses cover pain and suffering.
Typical examples of economic damages from ride-share accidents in Missouri include:
- Lost income/earnings (present and future)
- Current and future medical bills
- Property damage
- Costs of vocational rehabilitation
Claimable non-economic damages depend on the circumstances of your accident but may include the following:
- Compensation for disability or disfigurement
- Reduced quality of life
- Pain, suffering, and distress
If a passenger dies in a ride-sharing accident, a wrongful death lawsuit may be filed by surviving family members.
To ensure you claim what you are entitled to after an accident in the Greater Kansas City area, please contact Noland Law Firm, LLC, for a free case evaluation. Call us at (816) 781-5055 or contact us directly online.
