What Are the Legal Responsibilities of Rideshare Drivers in Accidents?
When someone is injured in a rideshare-related crash, questions quickly arise about liability, insurance coverage, and the legal obligations of the driver involved. Understanding these responsibilities is essential for both passengers and other motorists who share the road with rideshare vehicles.
We understand that rideshare accidents, while often unexpected, can have serious consequences. Rideshare drivers—whether for companies like Uber, Lyft, or other platforms—have legal responsibilities to confirm the safety of their passengers and others on the road.
In an accident, these responsibilities can have significant implications for accident insurance claims. As ridesharing continues to grow, understanding the legal duties of these drivers becomes more critical, especially when you’re involved in a personal injury incident.
Rideshare drivers are expected to adhere to traffic laws and drive responsibly. However, their legal responsibilities go beyond typical driving regulations, particularly when it comes to accidents. Let's take a closer look.
Rideshare Driver’s Responsibility During Active Rides
Drivers must confirm the safety of their passengers and other road users. This includes following all traffic laws, making sure the vehicle is in good condition, and operating in a way that doesn’t endanger the lives of anyone in or around the vehicle.
In the event of an accident, the primary concern for the injured party is determining who is liable. When a rideshare driver is actively working, both the driver and the rideshare company may be held responsible for any damages. The rideshare company may carry insurance that covers accidents involving its drivers, but only under specific circumstances.
Duty to follow traffic laws: Rideshare drivers are expected to obey the law at all times, including speed limits, traffic signals, and other driving regulations.
Duty to maintain their vehicle: Drivers must make sure that their vehicle is in a safe operating condition. This includes regular maintenance and addressing issues that may compromise safety.
Duty to make sure passengers are safe: Rideshare drivers must exercise caution in handling passengers and make sure they’re safely seated in the vehicle, with their seatbelts fastened before beginning a ride.
If a driver fails in any of these duties and causes an accident, their liability may be significant, depending on the specifics of the situation.
Rideshare Drivers and Insurance Coverage
Insurance coverage is a major factor in personal injury claims involving rideshare drivers. Rideshare companies typically provide a certain level of insurance for their drivers while they’re working, but there are gaps depending on the driver’s status at the time of the accident.
Driver offline: When a rideshare driver is offline or not actively accepting rides, their personal insurance covers them. This is no different than any other private vehicle owner. However, personal auto insurance may not cover accidents that occur while the driver is working for the rideshare company.
Driver online but not accepting a ride: If the driver is available for rides but hasn’t accepted a ride, the rideshare company’s insurance may provide limited coverage. This typically covers accidents involving liability to third parties but may not provide full coverage for the driver or passenger.
Driver on an active ride: When a rideshare driver is actively transporting a passenger, the company’s commercial insurance policy typically covers the driver. This is the most comprehensive insurance coverage available for rideshare accidents and provides the best protection for both the driver and passenger in case of an accident.
Rideshare drivers are expected to carry personal insurance, but understanding the difference in coverage levels at various stages of an active ride can be complicated. Injured individuals should be aware of these distinctions and consult an attorney to fully explore their options after an accident.
When a Rideshare Driver Is at Fault in an Accident
When a rideshare driver causes an accident, determining fault is essential for pursuing a personal injury claim. The at-fault party, whether it’s the driver or another involved party, may be held liable for the damages, including medical expenses, lost wages, pain and suffering, and more.
Several factors influence who is at fault in a rideshare accident:
Driver negligence: If the driver was speeding, distracted, or driving under the influence of drugs or alcohol, they may be considered negligent, making them liable for any injuries.
Company policies: In some cases, the rideshare company may also bear some responsibility, especially if their hiring practices, vehicle maintenance policies, or failure to make sure the driver’s proper training contributed to the accident.
Passenger injury claims: If a passenger is injured during a rideshare accident, they can file a personal injury claim against the driver, the company, or both, depending on the situation.
In some cases, the rideshare company may argue that the driver is an independent contractor, which could affect how liability is assigned. This is another reason why it’s essential to consult a personal injury lawyer at Wykoff & Sikes, PLLC who can guide you through the intricacies of the law and help determine who is ultimately liable for damages.
Steps to Take After a Rideshare Accident
If you’ve been involved in an accident with a rideshare driver, it's essential to take the right steps to protect your rights and strengthen your personal injury claim.
Seek medical attention: Your health and safety should be the top priority. Even if your injuries seem minor, it’s important to get checked out by a medical professional.
Report the accident: Make sure the accident is reported to the police and to the rideshare company. The company will have specific protocols for handling accidents.
Document the scene: Take pictures of the accident scene, including any damage to vehicles, visible injuries, and relevant road conditions.
Gather witness information: If there are witnesses to the accident, get their contact information and statements if possible. They may provide important evidence to support your claim.
Consult with an attorney: Contact a personal injury attorney who can help guide you through the legal process and make sure that you receive the compensation you’re entitled to.
It’s important to act quickly after a rideshare accident, as there may be time limits to file a claim. An experienced attorney can help you understand your rights and assist you in gathering the evidence needed to strengthen your case.
Rideshare Liability and the Role of Insurance Companies
Insurance companies play a significant role in rideshare accident claims. After an accident, both the rideshare driver’s personal insurance and the rideshare company’s commercial insurance may become involved. Understanding how these policies work together can be difficult, but it’s important to know how they may affect your claim.
Rideshare company insurance: Most rideshare companies offer liability coverage that can cover medical expenses and other costs associated with the accident. However, this coverage may be limited and only available in certain situations, such as when the driver is actively working.
Personal insurance: The driver’s personal insurance may cover some costs, especially if the driver was offline or not actively working for the rideshare company. However, personal insurance policies often have limits and exclusions when it comes to rideshare-related accidents.
Dealing with multiple insurance companies can be complicated. For this reason, consulting an experienced personal injury attorney can help make sure that all potential sources of compensation are explored.
Contact Us Today
If you’ve been involved in a rideshare accident, it’s essential to understand your rights and options. At Wykoff & Sikes, PLLC, we have over 50 years of experience helping individuals throughout Knoxville, Tennessee, and the surrounding areas, including Johnson City, Chattanooga, Crossville, and Sevierville. Reach out to us today to schedule a consultation.