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When a rideshare vehicle is involved in an accident, determining liability can become a complex issue. Rideshare companies, such as Uber and Lyft, have transformed the way we travel, but they have also introduced new legal challenges in understanding who is responsible for damages and injuries.
The Multifaceted Nature of Rideshare Liability
Liability in rideshare accidents is multifaceted because it involves considering the roles of various parties:
- The rideshare driver
- The rideshare company
- Other drivers involved in the accident
- Manufacturers of vehicle parts, in case of a malfunction
Rideshare Drivers: Independent Contractors or Employees?
One key issue is the status of the rideshare driver. Rideshare companies typically classify their drivers as independent contractors, not employees. This distinction is crucial because it affects whether the rideshare company can be held responsible for the driver’s actions.
Rideshare companies provide insurance coverage for their drivers, which can vary depending on the driver's status at the time of the accident:
- App Off: The driver’s personal insurance is the primary coverage.
- App On, No Passenger: The company’s limited coverage may apply.
- Passenger in the Vehicle: The company’s highest policy limits apply.
Determining Fault in a Rideshare Accident
Establishing who is at fault in a rideshare accident involves examining various factors:
- Was the rideshare driver negligent?
- Did another driver’s actions contribute to the accident?
- Were there vehicle malfunctions or road conditions that played a role?
Missouri’s Comparative Fault System
Missouri follows a pure comparative fault rule, meaning that the court determines the percentage of fault for each party involved in an accident. Compensation is then allocated accordingly. For instance, if a rideshare driver is found 70% at fault and another driver 30%, the damages paid out will reflect these percentages.
Kansas’s Modified Comparative Fault System
Kansas, on the other hand, adheres to a modified comparative fault rule. In this system, a jury would assign a percentage of fault to each party involved in an accident. An injured party is eligible to receive compensation only if they are found to be less than 50% at fault. If the injured party’s fault reaches or exceeds 50%, they are barred from recovering damages. The compensation awarded is adjusted based on the determined percentage of fault. For example, if a driver is found to be 40% responsible for an accident, their recoverable damages will be reduced by 40%.
The Role of Personal Injury Attorneys
Personal injury attorneys are invaluable in navigating the complexities of rideshare accidents. They can:
- Investigate the accident and gather evidence to establish fault.
- Negotiate with insurance companies to seek fair compensation.
- Represent your interests in court if the insurance company does not pay you fair value on your claim.
Seeking Damages From Rideshare Accidents
Victims of rideshare accidents may be entitled to various forms of damages, including medical expenses (both past and future medical expenses), lost wages, and pain and suffering. The process of claiming these damages can be intricate, requiring careful legal strategy and thorough understanding of insurance policies.
Foster Wallace, LLC: Advocating for Your Rights
At Foster Wallace, LLC, our experienced rideshare accident attorneys have the expertise to dissect the layers of liability in rideshare accidents. We understand that every accident is unique, and we are dedicated to pursuing justice for our clients. By meticulously examining the details of each case and understanding the interplay between different insurance policies, we strive to hold the responsible parties accountable.
Conclusion
Identifying the liable party in a rideshare accident requires a detailed examination of the circumstances surrounding the incident. For those involved in a rideshare accident, it's essential to have skilled legal representation to navigate the complexities of liability. Contact Foster Wallace, LLC at 816-249-2101 or use the Contact Us form on our website for a free consultation that ensures you understand your rights and the path to fair compensation in the wake of a rideshare accident.
