Trusted Rideshare Accident Attorney in Independence, OH
If you are in an accident with a rideshare vehicle, or while driving or using a rideshare, it’s important that you know how insurance claims work and how you can financially recover. Any car accident can result in serious injuries that require costly medical treatment and prevent you from working full-time. These losses can be covered in a claim, and an Independence rideshare accident lawyer can help you navigate that claim.
Work With The Czack Hobbs Law Firm
The skilled attorneys at The Czack Hobbs Law Firm have over 40 years of collective experience, largely in personal injury claims. We can help you recover the cost of your medical treatment, your lost work income, and the other financial losses from a rideshare accident. Our team understands the unique insurance issues in these claims and how they might affect your accident in Independence.
When you work with our firm, you can expect personal support and direct communication with our attorneys. We believe in focusing on you and your needs first.
We have handled numerous different complex car accident cases, accidents involving commercial vehicles, and rideshare collisions. Our team has secured several six- and seven-figure settlements and results for our clients who have been in vehicle accidents. These past outcomes don’t guarantee any future result, because every case is unique. Our attorneys work hard to get each client the financial support they are owed.
How Does Rideshare Insurance Coverage Work in Independence?
Rideshare insurance coverage in Independence depends on whether the rideshare driver was working and what they were doing when the crash occurred. Most popular rideshare companies use a tiered insurance system, with different levels of coverage depending on the facts of the accident. This includes:
- When the rideshare driver was not working. When this is the case, the rideshare driver’s personal insurance coverage applies. This means that injured parties in these crashes file claims like a typical vehicle accident, and the at-fault driver’s insurance is responsible for the costs, whether that is the rideshare driver’s personal insurance or another driver’s.
- When the rideshare driver was working but did not have a ride. When a rideshare driver has already logged into the rideshare app but is waiting for a ride, some rideshare coverage may apply in an accident. Uber and Lyft each cover up to $500,000 for each person and $100,000 per accident for injuries through third-party liability coverage if the driver’s insurance does not apply.
- When the rideshare driver was working and either had a passenger or had accepted a ride. When this applies, both Uber and Lyft offer up to $1 million in injury and property damage coverage in an accident.
Lyft reported 111 fatalities in vehicle accidents from 2020 to 2022, while Uber reported 153 fatalities from 2021 to 2022.
Rideshare company coverage may apply to both rideshare drivers and their passengers regardless of who was at fault for the accident. When a non-rideshare driver was to blame, those in a rideshare may be able to file for coverage from the at-fault insurance company and the rideshare company, depending on the circumstances.
TNC Liability Rules in Ohio
Transportation network companies (TNCs), like Uber and Lyft, are required to have those insurance coverage limits under Ohio law. These legal requirements include:
- Insurance coverage is required by the TNC when the driver is logged in and when the driver is engaged in TNC services.
- At least up to $50,000 for bodily injury for any one person in an accident, at least up to $100,000 for bodily injury for multiple persons in one accident, and at least up to $25,000 in property damage insurance coverage is required in an accident where the driver is logged in.
- At least up to $1 million of coverage is required for an accident when the driver is engaged in TNC services.
- The insurance coverage requirements are satisfied by a policy carried by the driver or the TNC, or both.
- The insurance policy carried by the TNC cannot require that the personal car insurance provider first deny a claim before it provides coverage.
Why Is It Important to Hire a Rideshare Accident Lawyer in Independence?
It’s important to hire a rideshare accident lawyer in Independence as soon as possible after a crash, because that improves your chances of filing a successful claim that actually compensates you fairly. An attorney helps in several ways, including:
- Investigating how the collision happened and determining which party was at fault
- Gathering evidence to support your case
- Answering any questions you have and walking you through the claims process
- Determining which insurer is liable for the accident depending on the status of the rideshare driver
- Calculating your full damages and what compensation you are owed
- Negotiating with the insurance company to secure a fair settlement
- Taking your case to trial if a settlement can’t be secured
Insurance companies tend to try tactics to undermine the claims of injured parties, especially commercial insurance companies with a lot of resources. An attorney understands these tactics and how to work against them, advocating for your rights and the financial support you need.
How Can You Determine Liability After a Rideshare Accident?
Liability in an accident is who was at fault for the accident and is therefore legally and financially responsible for the damages the accident led to. Ohio is an at-fault state for car accidents, meaning that you file claims with the insurance company of the driver who caused the crash.
In rideshare accidents, the rideshare driver or other drivers in the crash may be at fault. Other parties may also be at fault, such as another party on the road, the manufacturer of a vehicle part, or the governmental body responsible for road upkeep. Any of these parties might be liable when the accident is caused by:
- Distracted driving
- Driving while impaired
- Speeding
- Reckless driving
- Fatigued driving
- Hazardous road conditions
- Vehicle failures
When a party owes a duty of care to you, and they breach that duty through their negligence, and this leads to the accident in which you were injured, you could hold them liable for your damages.
If you don’t know whether or not you have the grounds for a claim, an experienced rideshare attorney can help you assess your situation. Depending on the at-fault party, different standards may be used to determine liability, and an attorney knows how to navigate these unique issues.
What If I Am Partially At Fault?
Multiple parties could also share liability. In Ohio, you are not automatically barred from financial compensation if you share fault, but you could be. If your percentage of fault is greater than the share of fault for all other parties in the incident, then you would be unable to file a claim.
However, if you were partially to blame for less than the total share of fault, you can still recover compensation. That compensation is simply reduced by your percentage of fault in the accident. An attorney can help you argue to minimize your shared fault, potentially helping improve the compensation you recover.
If multiple parties are liable and you are not one of them, you could recover partial damages from each at-fault party.
Partial liability is generally an issue when multiple drivers acted negligently and caused the crash. If you are a passenger in a rideshare vehicle, it is highly unlikely that you will ever share liability.
What Compensation Is Possible in a Rideshare Accident Case?
After a rideshare accident, the compensation that you can recover depends largely on the injuries you sustained and other related losses from the accident. Most claims can recover compensatory damages, which include non-economic and economic damages.
Economic damages include financial losses, like:
- Immediate medical bills and future medical costs
- Any long-term medical needs because of your injuries, including from potential complications
- Your lost income and benefits when you take time off to recover
- Lost earning capacity in situations where you can’t return to work because of your injury
- The cost to fix or replace damaged property
Non-economic damages include other recognized damages without an objective cost, like:
- Pain and suffering
- Scarring and disfigurement
- Disability
- Emotional trauma
- Loss of enjoyment or quality of life
There may be other unique damages available depending on the facts of your case. When you have the support of an experienced attorney, they can help you assess your compensatory and other damages. More serious injuries tend to have more costs, which then requires more compensation to fairly cover. An attorney calculates your damages and negotiates for the compensation you are owed.
What Should You Do After a Rideshare Accident in Independence?
If you are involved in a collision while in an Uber, Lyft, or other rideshare service, the steps you take are important to protect your own health and the future of any potential claim you make. If you are able, the steps you should take include:
- Get to a safe location. First, it’s important that you get yourself and others in the accident to safety. If possible, move vehicles off the road. If not, move everyone who can be moved safely away from damaged vehicles.
- Report the accident. Call 911 to report the crash and the injuries you are aware of. Do not leave the scene. Reporting the crash and staying at the scene is essential for multiple reasons. It helps get emergency responders to provide treatment as soon as possible, helps document the incident for future claims, and may be a legal requirement in Ohio.
- Exchange information. It’s important to exchange information with others in the accident, including both drivers and passengers of rideshares. This includes names, contact information, insurance information, driver’s licenses, license plate numbers, and employer information for rideshare drivers.
- Document the accident scene. It’s important to document the crash by taking photos and videos of it and getting contact information from any eyewitnesses to the accident. This can be helpful evidence for a future claim.
- Get emergency medical care. When emergency responders arrive, do not refuse treatment. Emergency medical care is necessary, even if you think you aren’t injured. Some injuries may be hidden by shock or be delayed, and treatment could help uncover them. This can help protect your well-being. Additionally, having a record of medical care after an accident is helpful for your claim.
- Provide information for law enforcement. When responding law enforcement officers arrive, they will ask for information about the crash for the police report. If you are asked, you should provide honest information without admitting fault. Drivers in the accident who admit fault will have their words used against them, even if they were not truly to blame. When you are a passenger in a rideshare vehicle, it is highly unlikely you will have to worry about fault accusations.
- Report the accident to the rideshare app or an insurance provider. You should also report the crash to relevant insurance providers. For rideshare drivers, this may be personal insurance or the rideshare company, depending on the circumstances of your accident. If you are a passenger, you may need to report the accident to the rideshare company. Other parties in the accident will want to report it to their personal insurer. Avoid talking to insurance company representatives.
- Get additional medical care. Even if you were looked over when you were at the scene, it helps to get further medical care. Hospitals near Independence include the Cleveland Clinic Main Campus, the Marymount Hospital, the St. Joseph Warren Hospital, and the OhioHealth Shelby Hospital.
- Contact an attorney. Finally, you should contact an experienced attorney. A rideshare accident lawyer can help you gather evidence to support your claim and advocate for the compensation that you need to pay for your injuries and the other costs in your life. You should not attempt to handle an insurance claim without a lawyer, as you are unlikely to recover fair compensation.
Your Independence Rideshare Accident Attorney
An accident with a rideshare vehicle can create more complex insurance liability issues than you want to deal with, especially when you’re injured.
When you work with The Czack Hobbs Law Firm, we can help you. A claim needs to be filed very soon after a crash, or else it can be harder to get what you are owed. Our firm can help you file and navigate each part of the process quickly, advocating for your rights. We offer you the guidance and support you deserve. If you need experienced legal support after a rideshare collision, get in contact with our team today.
