Getting hit by an Uber or Lyft driver in South Bend creates a unique legal scenario that differs significantly from traditional car accidents. While you might assume the rideshare driver bears full responsibility, the reality involves a complex mix of potentially liable parties.
Table of Contents
- When Is the Rideshare Driver Responsible for Your Crash?
- How Uber and Lyft’s Insurance Policies Work After Indiana Accidents
- Can Other Drivers Share Fault in Your Accident?
- Other Parties That May Be Liable
- What If a Vehicle Defect Caused Your Crash?
- Steps to Take After Being Hit by an Uber or Lyft
- Call Pfeifer, Morgan & Stesiak After Being Involved in a Ride Share Accident
If you do not know what legal steps to take after being involved in a rideshare accident, call a knowledgeable South Bend car accident attorney. They can answer your legal questions and help you understand the process for filing a claim.
At Pfeifer, Morgan and Stesiak, we can determine the next step you should take in the legal process. Call our office today to schedule a free consultation. You can learn more about your legal options without upfront costs or fees. If we represent you, there is no legal cost unless we win your case.
Schedule your free case review today: (574) 444-0741.
When Is the Rideshare Driver Responsible for Your Crash?
Ride-share drivers may be responsible for a crash in several different circumstances. Below are some of the types of scenarios that may make a driver liable.
If drivers engage in the following behaviors, they could become liable for the accident.
- Distracted driving (texting, using the app while driving)
- Speeding or aggressive driving
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Violating traffic laws
- Driving while fatigued
How Uber and Lyft’s Insurance Policies Work After Indiana Accidents
After a rideshare accident in Indiana, insurance coverage depends on what the driver was doing when the crash happened. This can be identified in the driver status and app activity. It will show:
- App Off/Personal Time: When drivers are not logged into the app, they are private citizens. Their auto insurance is primarily responsible for any accidents.
- App On, Waiting for Rides: During the waiting period, your insurance applies first. Ride-share companies provide limited backup coverage, but at lower limits than when you are carrying passengers.
- En Route to Pick Up or During Trip: Uber and Lyft provide $1 million in liability coverage once you accept a ride or have passengers, though you may still share responsibility for accidents.
Indiana Rideshare Laws
Indiana law requires rideshare companies to cover their drivers. Indiana is a “fault” state, meaning the person who caused the accident is responsible for damages. Personal auto policies often exclude commercial driving unless the driver has a rideshare endorsement.
Can Other Drivers Share Fault in Your Accident?
Yes, multiple drivers can share fault in South Bend accidents. Indiana follows a “modified comparative fault” system that divides responsibility among several parties.
In multi-vehicle rideshare accidents, fault often spreads across several parties. For example, if a driver cut off an Uber driver, causing the vehicle to swerve into another lane, it could cause a chain-reaction collision.
If you are partially at fault, the percentage of fault could reduce a reward. Therefore, if the award is $100,000 and you are 20 percent at fault, your percentage will be reduced to $80,000.
Other Parties That May Be Liable
Several other parties may share liability in rideshare accidents. Identifying all the parties responsible for an accident can help victims maximize compensation.
The Rideshare Company
While companies like Uber and Lyft typically classify drivers as independent contractors to limit liability, they may be responsible when they fail to properly screen drivers by not conducting adequate background checks. Other factors that can make the rideshare company liable are:
- They allow drivers with concerning driving records to remain active
- Their app design encouraged distracted driving
- They violated local transportation regulations
- Courts determine that an employer-employee relationship exists
Vehicle Manufacturers and Parts Suppliers
Car manufacturers may be liable for design or manufacturing defects if a vehicle defect contributed to the accident. Parts manufacturers can also become liable for faulty components like brakes, tires or airbags. Improper repairs or maintenance could lead to maintenance facilities sharing blame for the accident.
Commercial Vehicle Operators
When commercial vehicles are involved, trucking companies may share liability for their drivers’ actions, and delivery services face liability issues like ride-sharing companies. Bus companies have specific duty-of-care requirements, which could make them liable if they were not thorough in hiring trained drivers.
What If a Vehicle Defect Caused Your Crash?
When a vehicle defect causes your crash, you may have grounds for a product liability claim instead of or in addition to a typical accident claim. This shifts responsibility from driver negligence to the manufacturers or sellers of defective auto parts.
Steps to Take After Being Hit by an Uber or Lyft
If you have been hit by a rideshare vehicle, ensure you protect your health and legal rights. Follow these essential steps:
- Check for Injuries: Assess yourself and others for injuries and call 911 if anyone needs medical attention.
- Move to Safety: If possible, move to a safe location away from traffic
- Call the Police: Report the accident and ensure an official police report is filed, even for minor collisions
- Exchange Information: Get the Uber/Lyft driver’s full name, contact details, license number, license plate, insurance information, etc.
- Documentation: Take photos of all vehicles involved from multiple angles, road conditions, traffic signals or signs and visible injuries
Call Pfeifer, Morgan & Stesiak After Being Involved in a Ride Share Accident
Navigating the legal process when a rideshare driver hits your vehicle can be challenging. Some victims may have trouble determining who is at fault and may not know how they will receive compensation.
At Pfeifer, Morgan & Stesiak, our experienced attorneys understand the nuances of rideshare accident claims in South Bend. We are here to answer any legal questions you may have. Call our firm for a free consultation to learn more about your legal options without any upfront costs. If we represent your potential case, there is no upfront cost unless we win your case.
Proven Results. Call: (574) 444-0741
