When Rideshare Drivers Are Liable
Liable means that the driver did something that caused the crash. Liable can also mean the driver did not do something to avoid or prevent a crash. When someone is liable, they are also often negligent.
At T.J. Smith, Attorney at Law, we know that you, as with many people, likely use rideshare apps to stay safe on the road. When a driver causes an accident because they are drowsy driving, drunk, or drugged driving or acting reckless, it’s time to talk to an attorney. Not sure about your specific situation? Call 502-677-1429 and speak with team T.J. in a free consultation.
Does ‘No-Fault’ Mean No Lawsuit?
While Kentucky is a “no-fault” state, it does not mean that no driver is ever held to account for their actions. Because when you use a rideshare service you are a passenger, you may, if you are hurt, be able to file a claim with the rideshare driver’s insurance provider. Rideshare drivers are required to have insurance. Both main companies, Uber and Lyft, also have insurance – up to $1 million in coverage. So, if the driver’s insurance does not cover your losses, their employer’s insurance should. This is important in cases where the other driver does not have adequate insurance coverage.
No-fault simply means that you typically will file a claim with your own insurance company in a car crash. Your own insurance should cover your medical costs. Every crash and each injury is different, especially if your injury is significant and prevents you from working.
Can I Sue Uber Or Lyft?
In short, you can “sue” or file a lawsuit if you are injured while in an Uber or Lyft vehicle. In fact, depending on the details of your case, you may be able to sue:
- The drivers – for drunk, egregious or reckless behavior
- The rideshare company – for employing someone who is dangerous (background checks and vicarious liability and negligent hiring and retention laws)
- A parts manufacturer – if a tire blows out or brakes fail and this causes a crash
- A municipality – if a roadway is not maintained and a chunk of asphalt or pot hole causes a crash or injury
This is why it’s in your best interest to speak with an experienced personal injury attorney whenever you are hurt using a ridesharing service. There are many “moving parts” to a lawsuit. A personal injury attorney who understands car crashes, liability and negligence issues can offer the seasoned guidance you need.
Talk With ‘Team T.J.’ Today!
We accept all personal injury cases on contingency. That means you will owe no attorney fees unless we obtain compensation for you. For a free consultation with an experienced attorney who has recovered more than $230 million in total compensation, contact us online. You can also call our office in Louisville at 502-677-1429. No matter where in Kentucky the crash happened, T.J. Smith has the skill, knowledge and experience to help!