ClickCease

What Should I Do if My Uber or Lyft Driver Was Impaired and Caused an Accident?

When you get into a rideshare vehicle, you never quite know the state of the driver who is operating the car. You are literally placing your life in their hands. The driver may not be committed to your safety, and they may do something such as drink before they transport you as a passenger. If you have been injured in an Uber or Lyft car accident that involved drunk driving, you have legal options for compensation. In some cases, you may even be able to sue the rideshare company for what happened to you. 

Get Medical Help for Your Injuries

Your first focus after suffering any type of personal injury is always going to be on your health. See a doctor who can diagnose and treat your injuries. Then, make sure to stick with your treatment so that you can prove that you took steps to mitigate your damages. The medical records that you receive from a doctor will be used to prove that you have been injured and how your physical condition has impacted your life. You should always err on the side of caution in getting all the medical help that you need.

Hire an Uber or Lyft Accident Lawyer

When you have been injured in an Uber or Lyft accident, there is the potential for several insurance companies to be involved in your case. Their focus is not on the fact that the driver was drunk. Instead, they are trying to manage their own bottom line, and they do not want to pay your full damages. You need an experienced attorney who can put pressure on the insurance company to do the right thing in your case.

Moreover, you are also up against a potentially difficult legal process that you must navigate to receive full compensation. This is not something that you can do on your own, especially when you are dealing with serious physical injuries. 

Document the Damages That You Have Suffered

When you are seeking money for a personal injury, you are the one who has a legal obligation to not only prove liability, but also demonstrate your damages. The insurance company is not going to trust your verbal account of how your life has been affected by your injuries. Instead, they must see persuasive documentation to accept what you have represented. If you have any documentation of the damages that you have received, including medical bills and evidence that can prove how your life has been affected, make sure to retain it and give it to your attorney so that they can use it to pursue full compensation.

Seek Compensation for Your Injuries

You can file a claim for compensation when you have been injured in an accident involving an impaired Uber or Lyft driver. These companies maintain an insurance policy that is intended to compensate you when one of their drivers injures you. In some cases, you may need to deal directly with the insurance company to get the money you deserve.

If you have been injured in a drunk driving accident, there is a chance that you may even be able to sue Uber or Lyft directly. Ordinarily, you cannot sue these companies because the driver is an independent contractor. However, when a driver was drunk, you may be able to make a valid legal case for negligent hiring and retention. Uber and Lyft are obligated to conduct intensive background checks on their drivers, and they may have missed the fact that this particular driver may have been prone to operating a vehicle while impaired. 

Mt. Pleasant Uber and Lyft Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Will Help You Through the Legal Process After Your Rideshare Accident

If you have been injured in a crash involving a rideshare vehicle, speak to the Mt. Pleasant Uber and Lyft car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. We can guide and represent you throughout the legal process, fighting for you to get full and fair compensation. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.

Our Experienced Lawyers

How can we help? Fill out the form for a free case review.

Contact Us

Case Types

Related Posts

Suing Uber or Lyft After an Accident in Mt. Pleasant

If you have been injured in an Uber or Lyft accident in South Carolina, you may be entitled to compensation for your damages. However, rideshare accidents differ from standard motor vehicle crashes, and the legal process can be more complex. To ensure your rights are protected and you receive the compensation you deserve, it is crucial to work with an experienced attorney familiar with rideshare accident claims.

Why It’s Difficult to Sue Uber or Lyft Directly

One of the key challenges in rideshare accident cases is that Uber and Lyft typically cannot be sued directly for most accidents involving their drivers. These companies classify their drivers as independent contractors, not employees. By doing so, Uber and Lyft are generally not responsible for the drivers’ negligence, and they are not required to provide workers’ compensation or other employment protections.

If you are injured as a passenger, your primary legal remedy is usually against the driver. The driver owes you a duty of care to operate the vehicle safely and reasonably under the circumstances.

Legal Remedies Are Still Available

Even though suing the company directly is often not possible, you still have multiple avenues to recover compensation:

  1. Rideshare Insurance Coverage: South Carolina law requires Uber and Lyft to carry corporate insurance policies covering their drivers during rideshare trips. Depending on the circumstances, this coverage can provide up to $1 million per accident for injuries and property damage.
  2. Driver’s Personal Insurance: Some drivers maintain additional personal insurance policies to protect themselves, which may also be available to cover your damages.
  3. Your Own Insurance: In cases where company or driver coverage is insufficient, your own auto insurance may provide additional compensation.

Because multiple insurance policies may be involved, and insurance companies often try to minimize payouts, having an experienced car accident lawyer is essential. Your attorney can negotiate effectively, gather evidence, and fight for the full compensation you deserve.

Can You Ever Sue Uber or Lyft Directly?

There are limited circumstances where suing Uber or Lyft directly may be possible, such as claims of negligent hiring, supervision, or retention.

  • Negligent Hiring: Uber and Lyft are required to conduct background checks on all drivers. If they fail to properly screen a driver who has a history of unsafe driving or criminal behavior, and that driver causes an accident, the company may be held partially liable.
  • Negligent Retention: If Uber or Lyft allows a driver with a known history of safety violations to continue working, the company may be responsible for failing to remove a dangerous driver from their platform.

While these cases are rare, they demonstrate that rideshare companies do have legal obligations regarding the drivers they allow on the road.

Why You Need an Experienced Mt. Pleasant Uber and Lyft Accident Lawyer

Rideshare accident claims involve unique legal challenges, including multiple insurance policies, corporate liability questions, and a detailed investigation of the driver’s background and trip data. An experienced attorney can:

  • Determine which insurance policies apply to your accident.
  • Collect evidence from the driver, the company, and any third parties.
  • Evaluate the full extent of your injuries and damages.
  • Negotiate with insurance companies to maximize your compensation.
  • Take your case to court if a fair settlement cannot be reached.

Working with a knowledgeable lawyer ensures that you do not miss deadlines or fail to preserve crucial evidence.

Frequently Asked Questions (FAQs)

Can I sue Uber or Lyft if I am injured as a passenger?
In most cases, you cannot sue Uber or Lyft directly. Your primary claim is usually against the driver, though limited circumstances—like negligent hiring or retention—may allow a direct claim against the company.

How much insurance coverage is available for Uber or Lyft accidents?
South Carolina law requires corporate insurance coverage, which can provide up to $1 million per accident when the driver is actively engaged in rideshare activity. Additional personal insurance held by the driver or your own coverage may also apply.

What should I do immediately after an Uber or Lyft accident?
Seek medical attention, document the accident, preserve any evidence (photos, trip records), and report the accident to the rideshare company. Contact an experienced attorney as soon as possible to protect your legal rights.

How long do I have to file a claim after a rideshare accident in South Carolina?
The statute of limitations for personal injury claims in South Carolina is generally three years from the date of the accident. Filing within this timeframe is crucial to preserving your rights.

Contact the Mt. Pleasant Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you have been injured in a rideshare accident, the Mt. Pleasant Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC are ready to help. Call us today at 843-727-6500 or contact us online to schedule your free consultation and protect your rights after a rideshare accident. We are located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina.

Our Experienced Lawyers

How can we help? Fill out the form for a free case review.

Contact Us

Case Types

Related Posts

What to Do Immediately After a Rideshare Accident in Mt. Pleasant

Ridesharing has become a convenient way to get around Mt. Pleasant, but accidents involving Uber and Lyft drivers can still happen. If you are a passenger, driver, or even a pedestrian involved in a rideshare accident, it’s essential to know what steps to take immediately. Acting quickly and correctly can protect your health, your legal rights, and your ability to pursue compensation if you are injured.

At Rogers, Patrick, Westbrook & Brickman LLC, we help victims of Uber and Lyft accidents navigate the complex legal and insurance issues that often arise. Here is a step-by-step guide on what to do immediately after a rideshare accident in Mt. Pleasant.

  1. Ensure Safety First

The first priority after any accident is safety. Move to a safe location if possible, but do not leave the scene. Turn on hazard lights and check yourself and others for injuries. If anyone is seriously injured, call 911 immediately. Even minor injuries should be assessed by a medical professional, as some symptoms may not appear until hours or days later.

  1. Call Emergency Services

Always report the accident to the police. A police report is a critical piece of evidence for insurance claims and potential lawsuits. Provide accurate information about the accident without admitting fault. Police officers will document the scene, collect witness statements, and file an official report, which can help protect your rights later.

  1. Document the Scene

Thorough documentation can make a big difference in a rideshare accident claim. Be sure to:

  • Take photos and videos of the vehicles, damage, skid marks, and road conditions.
  • Capture injuries, even minor ones, as evidence for insurance and medical purposes.
  • Gather the names and contact information of everyone involved, including the rideshare driver and passengers, as well as witnesses.
  • Note the time, location, and weather conditions.

These details are invaluable when filing an insurance claim or pursuing legal action.

  1. Exchange Information

Make sure to exchange essential information with the rideshare driver and any other parties involved. This includes:

  • Name and contact information
  • Insurance information
  • Vehicle make, model, and license plate number

For rideshare drivers, you can also obtain the driver’s license number and the rideshare app’s incident report information. Avoid discussing fault or admitting responsibility at the scene.

  1. Seek Medical Attention

Even if you feel fine immediately after the accident, it is crucial to see a doctor. Injuries like whiplash, concussions, or internal trauma may not be immediately apparent. Medical records serve as essential documentation for your case and help establish the severity of your injuries.

  1. Notify the Rideshare Company

Report the accident to Uber or Lyft as soon as possible through the app or customer service. Provide accurate information about the accident and any injuries. These companies typically have insurance policies that may cover medical expenses and other damages, but handling these claims correctly is critical.

  1. Contact an Experienced Mt. Pleasant Rideshare Accident Lawyer

Rideshare accidents can involve complicated insurance issues, including coverage from the driver’s personal policy, the rideshare company, and sometimes third-party drivers. At Rogers, Patrick, Westbrook & Brickman LLC, we:

  • Evaluate your claim and identify all potentially liable parties.
  • Communicate with insurance companies on your behalf.
  • Help you pursue maximum compensation for medical expenses, lost wages, pain and suffering, and future care.
  • Guide you through every step of the legal process with experience and compassion.

Early legal intervention can prevent mistakes that may limit your compensation or affect the outcome of your case.

  1. Keep Records and Follow Up

Maintain organized records of:

  • Medical bills and treatment reports
  • Correspondence with insurance companies
  • Photographs and videos of the accident and injuries
  • Any lost wage documentation

These records strengthen your case and ensure that your claim accurately reflects the full impact of the accident on your life.

Contact Our Mt. Pleasant Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you or a loved one has been injured in a rideshare accident, Rogers, Patrick, Westbrook & Brickman LLC is here to help. Our experienced Mt. Pleasant Uber and Lyft accident lawyers understand the complexities of rideshare accidents. Call us at 843-727-6500 or complete our online form for a free consultation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina.

Our Experienced Lawyers

How can we help? Fill out the form for a free case review.

Contact Us

Case Types

Related Posts