The Things a Lawyer Will Do to Determine Liability in a Rideshare Accident Case

Rideshare services such as Uber and Lyft have become part of our daily lives. Thanks to them, we can now get transportation at our fingertips. But what if your ride takes a turn you didn’t expect and you’re in an accident?

The situation is most confusing and overwhelming.

That is when an experienced attorney comes in. Determining liability after a rideshare accident is a complex process that requires an in-depth comprehension of the law and the situation. We will discuss the steps that a lawyer takes to solve the mystery of liability in such cases.

Gathering the Facts

The first step in any accident case is to gather all the information available. A lawyer will:

Review the Copy of the Police Report

A police report is an official document regarding the accident. It will provide the following type of information:

• Date, time, and location of the accident
• Names and contact information of everyone involved
• Officer comments and preliminary determination of fault
• Statements provided by drivers and witnesses

Obtain Statements from the Witnesses

The testimony of a witness can strengthen your case significantly. Your lawyer will:

• Reach out to every listed witness in the police report
• Find more witnesses through social media or businesses around the scene
• Conduct extensive interviews to acquire a complete story

Collect Photo and Video Evidence

Visual evidence can be quite useful in just about any instance. An attorney will seek to collect:

• Photos of the accident scene and vehicle damage
• Dashcam video from the rideshare vehicle and cars in the area
• Video from traffic cameras
• Video footage from any surveillance cameras in the area

Request Rideshare Company Records

The attorney will obtain the following from the rideshare company when possible:

• Driver’s state just before the accident
• Records of trips and GPS locations
• Driver ratings and history

Interpreting the Evidence

The attorney will make use of the evidence in the following ways.

Accident Reconstruction

With the evidence available the attorney can:

• Develop a timeline for the accident
• Map out the position of all the cars involved
• Identify factors that contributed to the accident (weather and road conditions)

Professional Consultations

Sometimes specialized knowledge may be necessary. A lawyer may consult the following parties to strengthen a rideshare accident case.

• Accident reconstruction experts
• Traffic engineers
• Medical experts

Analysis of Local Traffic Laws

The attorney would analyze the following:

• The traffic laws in the locality
• Rideshare regulations
• Insurance requirements in relation to rideshare companies and their drivers

Understanding the full extent of the rules and regulations is important, as it is essentially going to create a roadmap for legal liability.

 

Investigation of the Parties

Rideshare Driver

The attorney would look into:

• Driving record and history
• Training offered by the rideshare company
• Following the policies of the company
• Personal insurance coverage

Rideshare Company

The exploration of the company’s role includes the following information:

• Hiring and screening
• Training and supervision of drivers
• Information on the insurance coverage
• Following local laws

Other Drivers

If other vehicles were involved in the accident, the attorney will investigate:

• Their driving records
• Insurance coverage
• If any kind of distraction or impairment was the reason for the accident

Vehicle Manufacturers

In some instances, vehicle defects may play a role. The lawyer will examine:

• Common complaints about the make and model
• Vehicle service and maintenance reports

 

Insurance Concerns

Rideshare accidents raise insurance. A lawyer will examine the following aspects.

Rideshare Company’s Insurance

The lawyer will examine:

• The amount of coverage available
• Any exceptions or restrictions in the coverage

Driver’s Personal Insurance

Personal insurance coverage, in most cases, excludes vehicles that are involved in commercial activity. A lawyer will

• Analyze the policy
• Check whether any insurance coverage applies

Third Party Insurance

In case there are multiple drivers involved, the insurance of the other drivers comes into play. In such situations, the attorney will

• Determine all the relevant policies
• Understand the limits and conditions of coverage

 

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Proving Liability

To prove liability, the lawyer must establish negligence. The sections below discuss how this is done.

Duty of Care

The lawyer will show that the at-fault party had a duty to be careful and safe. For example, a rideshare driver has a duty to follow all traffic laws and drive cautiously and safely when there are passengers in the vehicle.

Breach of Duty

Evidence will be provided to describe how the at-fault party breached this duty. This could be evidence of speeding, texting and driving, or failing to properly maintain the vehicle.

Causation

The attorney will be able to connect the breach of duty directly with the accident and subsequent injuries. They will be able to prove that the accident would not have occurred if it were not for the negligent action.

Damages

The attorney will collect all evidence of losses and injuries incurred during and after the accident. These can include medical bills, loss of wages, pain and suffering, as well as a long-term impact on the victim’s life.

 

Building a Strong Case

Now that the pieces are in place, the lawyer gets down to piecing together a convincing argument:

• All the information gathered is sorted out and put in order for easy reference.
• The lawyer constructs solid legal arguments from the presented evidence and existing laws.
• A demand letter is sent to the at-fault party.
• Using the gathered evidence, the lawyer negotiates for a fair settlement.
• If there is no chance for a settlement, then the attorney prepares to take the case into court.

Conclusion

The determination of liability in a rideshare accident case is complex and requires skill, experience, and attention to detail. Investigation and analysis by an attorney can make a huge difference in holding responsible parties liable and securing fair compensation on the part of the victims.

Just remember that you won’t have to face this complex situation alone, even if you do get involved in a rideshare accident. An experienced attorney will take the right steps and fight on your behalf to make sure you receive the compensation you deserve. The path to resolution can be long, but with an experienced lawyer on your side, chances are the journey will be a lot smoother.