Phoenix Rideshare Accident Lawyer

Phoenix Uber & Lyft Accidents Lawyer

The modern convenience of ridesharing is hard to understate. It’s been an incredibly transformative innovation for many people, particularly in more densely populated areas where using or even owning your own vehicle isn’t worth the inconvenience.

However, rideshare drivers can be involved in and cause accidents, just like any other driver. If you’ve been in such an accident, it’s advised to contact a Phoenix rideshare accident lawyer to have your losses properly compensated.

Rideshare accidents are not as simple as most car accidents. Because rideshare accidents involve rideshare companies and their employees, this adds an extra layer or two of complexity to the standard car accident claim.

As with most claims, it will be an insurance company that will most likely need to provide compensation for those injured in a rideshare accident. However, deciphering just whose insurance will pay can be a bit of a maze. Of course, regardless of whose insurance company it is, there is a decent chance that they will resist paying the full amount of everything that’s owed.

That’s why, for victims of a rideshare accident, it’s essential that you work with a rideshare accident lawyer. At the Bleaman Law Firm, we understand the complexity of insurance and personal injury claims, and we do all we can to see our clients made whole after a devastating accident.

How Does Liability Work in a Rideshare Accident?

Who is liable and what insurance company should be involved can be complex and vary depending on a variety of different factors. Your involvement in the accident could be as a rider or as a driver of another vehicle. Which position you were in will play a part in determining who you need to go to for compensation. Then, of course, there are the company policies.

Things operate a little differently based on whether or not a driver was off the app, on the app and waiting for a ride, driving someone, or on their way to pick someone up. Of course, these policies are also a bit different depending on the rideshare company. When the rideshare driver is not at fault, things operate like any car accident claim. Aside from that scenario, though, things can get confusing quickly.

If you want to know that you are seeking compensation in the right place and not wasting time, it’s critical that you work with a lawyer. We can solve the insurance policy riddle and ensure that you’re seeking compensation in the place that’s legally required to provide it.

How Is Liability Proven in a Rideshare Accident?

No matter who is at fault or what insurance company is involved, the process for proving liability in a rideshare accident is the same as in any car accident or other personal liability claim.

It will need to be demonstrated that the defendant was negligent in a way that caused the accident and the injuries that you suffered. This process of proving negligence involves proving each of the three components.

Duty of Care

The first component of negligence that needs to be proven is a duty of care. While this might be a fancy legal term, the reality is that it means that the defendant had a responsibility to be careful that their actions wouldn’t create any unnecessary risk or danger for those around them. We have a duty to take reasonable precautions to prevent our activity from causing harm to others.

Because a rideshare accident is a form of car accident, it’s fairly easy to understand that a duty of care is necessary given the risk and danger that is involved in any use of a motor vehicle. This is generally one of the simple elements to demonstrate in a rideshare accident case.

Breach of Duty

Once a duty is proven, then it must be shown that the duty wasn’t fulfilled. This is the idea of a breach of duty. First, your lawyer will need to be able to prove to the court what actions or inaction the defendant made surrounding the accident. Only once this is understood can they then move on to showing how those actions failed to meet the duty required of them.

In the case of any auto accident, which a rideshare accident is a subset of, a breach of duty will often be something irresponsible a driver did. It could be something like drunk driving, distracted driving, recklessness, or some other violation of the rules of the road.

Connecting the Breach to Your Injuries

Lastly, there must be a connection between the breach and the injuries that you suffered for there to be liability. In a rideshare accident, this often means proving two connections: the breach with the accident and the accident with your injuries.

It is possible to commit a breach of duty and have that breach not be connected with an accident. For instance, a driver with tail lights that are out is technically committing a breach of duty. However, that couldn’t be a factor in an accident where another car runs into them by ignoring a traffic signal and driving through a red light.

Therefore, your lawyer must be able to demonstrate the breach is the cause of the accident. Put another way, they must prove that without the breach, the accident wouldn’t have happened.

The accident must then be the direct cause of the injuries that you suffered. Your lawyer must show this and the nature of the injuries. This is because people have attempted to exaggerate their injury claims to seek more money.

They’ve also attempted to claim pre-existing conditions or pass off injuries that happened after the accident as caused by the defendant. Your lawyer, then, will likely use things like doctor’s notes and tests to prove the relationship between your injuries and the accident.

What Damages Can Be Collected in a Rideshare Accident?

Damages are what compensation is called in a civil claim in Phoenix, AZ. The key to collecting damages is that they must be proven to be connected with the injuries you suffered as a result of the accident. Your lawyer is responsible for demonstrating that connection, likely with the help of things like medical bills or other bills related to your costs. There are a few different categories of damages that are compensated.

Economic Damages

For the costs that have a clear financial component, compensation comes in the form of economic damages. Things like your medical bills, whether for doctors’ visits, testing, medications, surgeries, or physical therapy and rehabilitation, are all addressed through economic damages.

Compensation for any property damage, such as your vehicle being damaged in the accident, is also a part of this category. Lost wages for any missed work are another factor addressed through economic damages.

In the case of very serious injuries, it’s possible that the costs may extend well into the future. Future medical care costs are estimated and compensated through these damages. Additionally, if your injuries won’t allow you to return to the same level of work that you were involved in before, that lost earning capacity is included in economic damages.

Non-Economic Damages

There are many costs of injuries that are less tangible and can’t necessarily be addressed by money. Those psychological and emotional costs of an injury are addressed through what is known as non-economic damages. These are things like mental anguish, pain and suffering, and loss of enjoyment in life. Several things fall into this category of damages, and your lawyer can help you understand which ones apply to your situation.

The psychological and emotional trauma you have endured is given a value and compensated through non-economic damages. Because these things don’t have a financial solution, the money isn’t going to address the situation directly. However, it may be able to reduce stress and the mental capacity that you need to devote to other aspects of life, leaving more capacity to manage these issues.

Punitive Damages

A third category of damages, punitive damages, are not awarded in most cases, as they are a kind of punishment for egregious behavior. Most rideshare accidents lack the maliciousness or extreme recklessness that could lead to these being awarded.

How Could Comparative Negligence Affect My Compensation?

It’s worth noting that in Arizona, your damage award could be affected by something known as comparative negligence. Under these rules, the defendant’s lawyers may attempt to argue that your negligence also contributed to the injuries that you suffered.

If they can prove the elements of negligence with regard to your behavior, then you may be given a percentage that represents the court’s opinion of your share of fault for the accident. Your damages will be reduced proportionately to that share. For instance, someone 20% at fault with a $100,000 damage award will receive a final payout of $80,000.

What Will a Phoenix Rideshare Accident Lawyer Do for My Case?

The complexity of a rideshare accident can be a real challenge to navigate. You’ll want to make sure that you work with a knowledgeable, experienced lawyer who can help identify the liable parties and make the case for the compensation you deserve.

An investigation is usually one of the first steps in our process. We look closely at the accident so that we can understand what parties might be liable for the situation. During the investigation, we also look for two kinds of evidence.

We search for anything that can be helpful in proving liability on the part of those at fault for the accident. We also look for evidence that could be helpful against any attempt to claim comparative negligence on your part, as that could impact the damages you’re awarded.

Representing You in Negotiation and Trial

Often, before a case goes to trial, there may be an attempt to negotiate a settlement that avoids the expense, time, and risk of going to court. It’s our job to represent you in those negotiations.

When negotiating with a lawyer, insurance companies know they can’t get away with some of the tactics and low offers that they do with people less experienced in these negotiations. They also realize that a lawyer’s involvement means that going to court is a strong possibility if an agreement can’t be reached, and that can mean more serious offers.

There are some situations, though, where it’s just not possible to negotiate a fair agreement. If that’s the case, it’s your lawyer’s job to represent you in court. We are responsible for presenting evidence that demonstrates negligence causing your injuries and making the case for compensation for those injuries.

We also defend against those damages being reduced by claims of comparative negligence. We put our knowledge and experience to work, seeking a fair outcome for you.

We Help Rideshare Accident Victims Seek the Restitution They Deserve

Ridesharing is a convenient modern innovation. It certainly can be helpful in reducing things like drunk driving. Still, just like any other time we ride in a vehicle, there’s always the risk of an accident and, along with it, injuries, property damage, and psychological suffering. Rideshare accidents carry the same potential for damage and harm as any other kind of car accident.

You may get in an accident with someone driving for a rideshare company, or you could be riding in a rideshare driver’s car when they get in an accident. It’s when you are seeking compensation for that accident, though, that the process can be much more complex than a normal car accident.

If you get in an accident with a rideshare driver, the compensation for your injuries and other costs will likely come from an insurance provider. However, it can be difficult to understand which insurance provider, and it’s quite possible that they will try to pass off the bill to one of the others.

Even if you are able to identify the right company to pursue compensation from, there’s a strong possibility that the insurance company will resist handing over the full and fair compensation you deserve.

However, if you work with a quality Phoenix rideshare accident lawyer, like those at the Bleaman Law Firm, you can feel comfortable knowing that someone representing you will use every option available to get you the compensation you’re owed. If you’ve been in a rideshare accident, contact us today.