Modern ride-sharing services have revolutionized the way people hire cars for transportation. The ability to use a mobile device to not only enlist the services of the driver but also to pay for the ride up front has benefited both the passengers and the drivers.
Case in point: the need for cash has been taken out of the equation. Passengers no longer have to be concerned about whether they have enough money to complete their trips, and drivers no longer have to carry cash and worry about getting robbed.
Ride-sharing has also reduced the number of alcohol-related accidents, according to a study done by the National Institutes of Health. The use of Uber has reduced the crash rate of drunk drivers by 61.8 percent in Portland.
Ridesharing is becoming an increasingly popular way to travel. The ease of obtaining a ride through a few taps in an app on a cell phone and being able to see the price without having to worry about a meter running has made rideshare a very convenient option. The most popular options available in Cobb County are through Uber or Lyft.
Depending on the level of rideshare options that passengers choose, the driver does not have to be a professional driver to work for Uber or Lyft. According to Uber, drivers only need the following:
- A valid driver’s license
- Pass a background check
- Access to a vehicle with valid insurance
- Be over a certain age
The more expensive options, such as the Uber Black SUV, do have more requirements, such as a chauffeur’s license, specific vehicle types, and commercial car insurance. However, the majority of rideshare drivers do not qualify for this option.
Just as passengers access rideshare services through an app, the drivers do as well. Some drivers work the rideshare as their only job, while others use it to supplement their income.
This means that your driver may have worked a long shift at another job and is now driving you through rush hour traffic.
What Type of Compensation Can Marietta Rideshare Accident Attorneys Get For Their Clients?
Rideshare accidents are unique and complex because of the intense investigation involved in determining which insurance company pays for the victim’s damages and exactly how much the victim can collect.
Uber, for example, is not actually defined as a car service or a transportation company. The company has defined itself as a technology provider, meaning it provides the app to both the driver and the passenger.
This terminology may allow the company to avoid liability for the accident and to place blame solely on the drivers.
Uber does have insurance that is mostly used secondary to the driver’s personal insurance coverage, and it only applies when a driver is actively driving passengers through their service. The problem with this approach to insurance coverage is that Georgia’s standard personal automobile policies exclude liability coverage whenever the policyholder uses their vehicle to transport passengers for a fee.
This means that Uber drivers are not covered by their own insurance policy while they are driving for Uber. The large insurance policies that Uber and Lyft carry are what cover the driver while they are actively transporting passengers and causing an accident.
The insurance policy that Uber carries has a very high limit. Therefore, the company protects itself from large payouts by employing skilled and experienced claims adjusters to deny and avoid claims from victims.
Having a highly skilled and experienced Marietta rideshare accident attorney on your side will make sure that your claim is not ignored or minimized. With the addition of a large rideshare company to your lawsuit instead of solely suing the driver for damages, the value of your case is enhanced.
If your claim goes to trial, jurors may be hesitant to award a large verdict against a single person, but they are often generous when a large corporation is a defendant. They know the large company makes a profit from the driver’s work and that the large corporation can afford to pay for the victim’s damages.
What Have the Large Rideshare Companies Done to Make Their Services Safer?
Aside from the standard requirements of all drivers on the roads, such as wearing a seatbelt and not consuming drugs or alcohol prior to or while driving, the large rideshare companies are also attempting to limit driver fatigue. Uber, for example, does this by disabling the app for 6 hours after 12 hours of driving.
The dangers of driving while drowsy are often compared to driving drunk because of the similar effects on the body. Reaction times are slower, decision-making skills are impaired, and the ability to recognize dangerous situations is reduced in both circumstances.
Drowsy drivers are also at risk of nodding off while driving and driving into other vehicles, objects, or off the road entirely. So, it makes sense that companies are concerned about their drivers becoming tired while driving, but their methods are not perfect.
Disabling the app after 12 hours of driving does not prevent the driver from switching to another app, for example, switching from Uber to Lyft. Also, there is no way to ensure that the driver is actually resting during the 6 hours of downtime.
The 12 hours of driving does not include the time drivers spend waiting for their next ride or any breaks that they take. Needless to say, drowsy driving still causes rideshare accidents.
The majority of drivers employed by rideshare companies have not had any training on how to transport passengers safely. The cars the drivers use are not required to undergo any inspection or testing aside from submitting pictures of the vehicle.
Why Are Rideshare Drivers More Distracted Than Other Drivers?
Rideshare drivers are often distracted by navigation instructions as well as the passengers that they are transporting. The passengers can select any unique address for where they want to be picked up and dropped off, so the drivers are always finding themselves in unfamiliar locations.
The passengers themselves often pose a significant distraction for the driver. Many passengers use a rideshare service after consuming alcohol, and their actions may be erratic, unpredictable, or even violent.
Some intoxicated passengers become nauseous and vomit in the vehicle or out the window. Even sober passengers can distract a driver with conversations, questions, or any other actions or comments that make the driver uncomfortable or pull their attention from the road.
Who Is Liable When a Rideshare Driver Causes an Accident?
When a car accident is caused by a rideshare driver, the correct insurance company that is liable to pay for the victim’s damages on the driver’s behalf is difficult to identify and contact. The police report for the accident will list the driver’s personal car insurance; however, a rideshare driver’s personal vehicle insurance does not apply when the driver has a paying passenger in the vehicle.
Georgia car insurance policies do not include liability coverage anytime the driver is transporting passengers for a fee. This is why rideshare drivers are not covered by their personal car insurance when they have passengers in their vehicle.
Large rideshare companies operate internationally, so they have multiple insurance companies. They also change their insurance carriers occasionally, so it is difficult to know which one to contact in the event of an accident.
This is another area where a Marietta rideshare accident attorney is helpful, as they will take care of the necessary communications for you.
Your Marietta rideshare accident lawyer will determine which insurance company to contact to pay for your injuries and property damage claims or for the wrongful death of your family member if the worst-case scenario has occurred. The attorney will investigate the accident to establish the duty status of the driver in order to determine the correct insurance company.
Aggressive insurance adjusters are assigned to cases that involve serious injuries, wrongful deaths, and high coverage limits in order to protect the insurance company. The insurance companies are businesses, and they have to protect their own interests in order to operate, but you should still receive the compensation that you are legally entitled to for your legitimate damages.
While the insurance adjusters are working to minimize your claim payments, your experienced Marietta rideshare accident lawyer will be working even harder to protect your rights and increase the value of your claims. Your lawyer will investigate the circumstances of the accident, collect all possible evidence, present a solid case, and negotiate a fair settlement that covers the full value of your claims for damages.
All the paperwork and legal filings will be taken care of by your attorney.
What Happens if I Am the Driver or a Passenger in a Rideshare Vehicle Accident?
When passengers in a rideshare vehicle are injured in an accident, the company’s insurance policy will pay for their injury claims up to $1,000,000. If the rideshare driver was injured and did not cause the accident, they have the right to file injury claims with the rideshare company’s insurance company’s underinsured motorist coverage with a $1,000,000 limit on top of the insurance company of the driver who caused the accident.
The passengers in the rideshare vehicle also have the ability to file for damages that go beyond the other driver’s insurance policy with the same underinsured motorist coverage. In cases where the rideshare driver did cause the accident, the paying passengers have insurance coverage up to $1,000,000 through the rideshare company for damages.
Contact a Marietta Rideshare Accident Law Firm to Investigate Your Collision
The Marietta rideshare accident attorneys at The CEO Lawyer collect and investigate evidence from the scene of the crash, build a strong case that proves true fault and liability, and take care of all the communications and negotiations with the rideshare companies and the insurance companies involved to make sure that your best interests are upheld and that you are not mistreated in any way.
We will begin as soon as you involve us in your case. Call (470) 323-8779 today.
There is no risk to you as we offer free consultations and do not ask for any legal fees until you receive a settlement you agree to or after you receive a favorable verdict in court.
