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
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.
Our Results
A Proven Track Record
$16.5 Million
Failure to diagnosis leiomyosarcoma case vs. FCCC
$16 Million
Fatal trucking accident on I-76
$16 Million
Trucking MVA case resulting in death of 5 y/o and injuries to her mother, father and minor siblings.
$15.56 Million
FELA workplace injury occurred when a 6,000lb spool of wire rolled onto a worker
$15 Million
Railroad Overhead Electrician suffered a trimalleolar fracture accessing tracks under a bridge. Railroad Negligence due to training employees to use dilapidated steps covered in ice and snow to perform task at hand.
$15 Million
Septa employee assigned to move several 10,000 lb spools of copper trolley wire using a forklift, one of which fell onto the plaintiff, causing severe injuries.
$7.5 Million
Fatal shooting of a nightclub security officer by Midloathian police
$7 Million
Railroad Overhead Electrician suffered herniations of lumbar spine. Railroad Negligence as the worker was suspended upside down in a manhole to perform the task.
$7 Million
Railroad Conductor assaulted by passenger. Railroad Negligent due failure to dispatch assistance quickly enough and support employees on these runs.
$6 Million
Premises Liability case vs. Giant for crush injuries resulting in CRPS.
$4.3 Million
Fetal death case.
$4.1 Million
Man was fatally shot by Kansas City Police
$4 Million
Railroad Mecahnic savagely beaten by a trespasser who followed worker into railyard. Negligent security in that the facility was not secured by patrols.
$4 Million
Elderly husband & wife died in NH fire.
$4 Million
Wound Infection and death
$3.5 Million
Wrongful Death / Survival Action – failure to diagnose sepsis resulting in death of a 46-year-old woman.
$3.2 Million
Railroad Mechanic injured performing regular inspection on Locomotives. Railroad Negligence in the design and operation of grab irons. CRPS
$2.75 Million
Wrongful Death / Survival Action - failure to diagnose cervical cancer case of young mom vs. LabCorp.
$2.75 Million
CONFIDENTIAL
$2.65 Million
Defective golf cart causing client to be ejected, resulting in a traumatic brain injury
$2.65 Million
Fall from defective golf cart
$2.1 Million
Death of 38 year old male for failure to provide 24 hour care and supervision to cognitively and mentally challenged inpatient resulting in choking death from ingestion of non-food item
$2 Million
Inmate was raped and murdered by his cellmate while the cell block was left unguarded due to understaffing in Philadelphia Prison
$2 Million
Death of two month old newborn girl for failure to diagnose congenital heart defect
$2 Million
Death of 68 year old man from anoxic brain injury for failure to properly and timely intubate
$2 Million
Fatal shooting of a teenager by East Pittsburgh police
$2 Million
Railroad Carpenter injured repairing a bridge. Railroad negligence based on the safety planning and implementation of plan. Lighting and PPE not sufficient for work. Torn rotator cuff. Two failed repairs.
$1.9 Million
Railroad Overhead Electrician suffered herniations of lumbar spine. Railroad Negligence as the worker was suspended upside down in a manhole to perform the task.
$1.8 Million
FELA case - slip and fall on ice accumulation.
$1.8 Million
FELA - electrocution case
$1.765 Million
CONFIDENTIAL
$1.765 Million
Wrongful Death / Survival Action - Rideshare Pedestrian/ MVA / Dram Shop case involving multiple cars striking pedestrian who was using LYFT; LYFT pulled over on side of expressway to let decedent out of car and he was struck by multiple MVs
$1.625 Million
Plaintiff underwent laparoscopic biopsy and during procedure deft Dr failed to ID bowel perforation due to surgical injury.
$1.61 Million
FELA workplace injury where a conductor was shocked after touching an station platform rail that was not grounded
$1.6 Million
26 year old man killed in custody during a mental health crisis.
$1.5 Million
In-custody death case
$1.4 Million
Medical Malpractice resulting in amputation
$1.4 Million
50 year old woman developed cauda equina syndrome for delayed treatment of onset of symptoms
$1.35 Million
Fall from ladder
$1.3 Million
Medical Malpractice resulting in compartment injuries to both lower extremities resulting in loss of function of right leg during urological surgery.
$1.25 Million
Vet killed by police during a mental health emergency.
$1.1 Million
Fatal shooting of a man by Philadelphia Police
$1.1 Million
CONFIDENTIAL
$1 Million
Case versus Boy Scouts for death of minor teenage boy who was forced to unbuckle his seatbelt in an effort to regain control of the vehicle he was a front passenger in while his stepfather was driving home from a BS event and lost conciousness.
$1 Million
Pressure sore
$1 Million
Wound Infection and death