Rideshare apps like Uber and Lyft are convenient sources of transportation in the Colorado Springs area, offering a usually safe ride from one destination to another. However, rideshare drivers are just as – if not more – likely to get in an auto accident.
If you were injured due to the actions of a rideshare driver, you might be confused about your legal rights. Rideshare accident claims can be complicated and involve legal issues not part of typical car accident claims.
Contact Dulin McQuinn Young for a free consultation to discuss your legal options.
Common Causes of Rideshare Accidents
Rideshare accidents can occur for many reasons, many of which stem from the financial incentive to make quick trips. Some common reasons that rideshare crashes arise include the following:
- Speeding
- Dropping passengers off at unsafe locations
- Distracted driving
- Driver fatigue
- Poor maintenance
An experienced attorney can investigate your personal injury case and identify the party responsible for the accident and compensate you for your injuries.
Parties Who Can Bring Rideshare Accident Claims
Rideshare drivers are like other drivers in that they must obey traffic laws. If they injured anyone due to careless driving, their liability insurance provider may be responsible for compensating the victim, which may include:
- A passenger in the rideshare vehicle
- Another motorist
- A passenger in another motorist’s vehicle
- A pedestrian
- A bicyclist
Can I File a Lawsuit Against Uber or Lyft?
Although many people equate rideshare services with taxis, the regulatory framework is very different. Taxis are often considered common carriers, so cab drivers have a heightened duty to safely transport passengers. Companies like Uber and Lyft are typically considered “interactive computer service” businesses that use technology to connect riders with drivers willing to provide that ride. Rideshare drivers must follow the rules applicable to drivers who do not accept payment for transportation, but they are not typically held to the same standards as taxi drivers.
Uber, Lyft, and other rideshare companies have taken painstaking measures to insulate themselves from liability arising from their drivers’ activities. In most jurisdictions, including Colorado, rideshare drivers are considered independent contractors. Therefore, they are often not held directly liable for their drivers’ actions.
However, rideshare companies generally provide drivers with third-party liability insurance coverage that pays for damages they cause to passengers or other motorists.
In most cases, you would not file a lawsuit directly against the rideshare company, but there are exceptions. Also, you may be able to recover compensation for your injuries by filing a claim with the rideshare insurance.
How Rideshare Insurance Works in Colorado
Colorado has specific laws and regulations pertaining to rideshare companies and the required insurance that drivers must carry. The level of insurance depends on the specific period during the transaction, as described here:
- While the app is off – The rideshare driver’s personal liability insurance applies, subject to a minimum of $25,000 in bodily injury liability coverage per person, $50,000 in bodily injury coverage per accident, and $15,000 in property damage per accident.
- While the driver is waiting for a ride – $50,000 in bodily injury coverage per person, $100,000 in bodily injury coverage per accident, and $25,000 in property damage per accident
- After a ride request is accepted – $1 million in third-party liability insurance
If you suffered injuries in a ridesharing accident in Colorado Springs, a seasoned attorney from our personal injury law firm can help prepare your claim. We can demand evidence to show where in the transaction the collision occurred and which insurance policy applies.
Recoverable Damages in a Rideshare Accident Case
Rideshare accident victims have a right to demand compensation for the damages they sustain in the crash that was caused by someone else’s negligence. Recoverable economic and non-economic damages in a rideshare accident case could include payment for the following:
- Medical expenses – You can seek compensation to pay for medical bills you incurred because of the accident, such as for ambulance rides, emergency medical treatment, hospital stays, diagnostic tests, imaging tests, and doctor’s visits. You can also recover compensation to pay for ongoing medical care, such as physical therapy and rehabilitation, along with anticipated future medical expenses.
- Lost wages – You can seek compensation for time off work that was caused by your injuries or attending doctor appointments. You can also pursue compensation for any reductions in your long-term earning capacity caused by your accident-related injuries.
- Property damage – If you were in another vehicle that was hit in the accident, or if your personal property such as your phone or laptop was damaged in the accident, you can demand compensation for the costs to repair or replace your damaged property.
- Pain and suffering – Accident victims can also pursue compensation for their physical pain and emotional distress caused by the accident and their related injuries.
An experienced rideshare accident lawyer will work diligently to identify all damages you can include in your personal injury claim.
What Is My Rideshare Accident Case Worth?
Every case is different. The potential value of your case will depend on specific factors in your case, such as how you were injured, the severity of your injuries, the types of medical treatment you require, the extent of your pain and suffering, and available insurance coverage. If you are found to have contributed to the accident, your compensation can be reduced proportionately by your degree of fault.
What Is the Statute of Limitations for Personal Injury Cases in Colorado?
Colorado’s statute of limitations generally gives motor vehicle accident victims three years to file a lawsuit against the party that harmed them. If this deadline passes and the accident victim has not taken legal action, the court can dismiss any later case that they file as untimely.
Contact Our Colorado Springs Rideshare Accident Attorneys Today
If you or a loved one was injured in a rideshare accident that you think was someone else’s fault, Dulin McQuinn Young can fight to hold the negligent party responsible for the damages they’ve caused. We offer a free consultation to explain your legal rights and options. Contact us today to get started.