Ridesharing services like Uber and Lyft have revolutionized transportation, offering a convenient and seemingly safe way to get around town. However, ridesharing accidents are a growing concern, leaving passengers, drivers, and even pedestrians vulnerable to injuries.
If you’ve been involved in a rideshare accident in South Carolina, you may be unsure of your rights and how to proceed.
Ridesharing accidents can occur in various ways. Here are some common scenarios:
- Accidents involving the rideshare vehicle: These can be caused by the rideshare driver’s negligence, such as speeding, distracted driving, or driving under the influence.
- Accidents involving other vehicles: These accidents can occur when another driver disregards traffic laws or fails to yield the right of way to the rideshare vehicle.
- Dooring accidents: If a rideshare passenger opens the door carelessly and strikes a cyclist or pedestrian, this can also lead to an accident.
The Importance of a South Carolina Rideshare Accident Attorney
Ridesharing accidents can involve complex insurance issues and require a deep understanding of the specific terms and conditions outlined in the rideshare company’s user agreements. Here’s how a South Carolina Rideshare Accident Attorney from the CEO Lawyer Personal Injury Law Firm can make a significant difference in your case:
- Identify All Potential Sources of Compensation: We’ll explore all available insurance coverage, including the rideshare company’s policy, your personal injury protection (PIP) coverage, and the at-fault driver’s insurance policy.
- Negotiate with Insurance Companies: Rideshare insurance companies have teams of experienced adjusters who may try to minimize your compensation. Our skilled negotiators will fight to secure the maximum compensation you deserve for your injuries and losses.
- Handle Complex Legal Issues: We’ll navigate the complexities of rideshare accident law and ensure your rights are protected throughout the legal process.
- Fight for Fair Compensation: We’ll fight to recover compensation for your medical bills, lost wages, pain and suffering, and any other damages you’ve incurred due to the accident.
Don’t go through this challenging time alone. Contact the CEO Lawyer Personal Injury Law Firm today for a free consultation.
Our South Carolina Rideshare Accident Lawyers are committed to holding negligent parties accountable and ensuring you receive the justice you deserve.
Understanding Rideshare Accident Liability in South Carolina
Determining who’s liable in a rideshare accident depends on what stage of the trip you were in when the accident occurred. Here’s a breakdown of the different phases and how liability might be assigned:
- Pre-Rideshare Arrival: If you’re struck by the rideshare vehicle while the driver is logged into the app but hasn’t accepted a ride request, the driver’s personal insurance policy would likely be responsible.
- During a Ride: This is when rideshare companies like Uber and Lyft carry primary liability coverage. The extent of coverage depends on whether the driver was waiting for a ride request, actively engaged with a passenger (en route to pick-up or drop-off), or logged out of the app. Minimum coverage limits are mandated by the rideshare companies, but you may have additional coverage options through your insurance policy.
- Post-Trip: Once the ride is complete and the passenger has exited the vehicle, the driver’s personal insurance policy would likely apply again in case of an accident.
The specific details of your accident will be crucial in determining liability. Our South Carolina Rideshare Accident Lawyers will meticulously investigate the circumstances to ensure all responsible parties are held accountable.
Who Can Be Liable in a South Carolina Rideshare Accident?
Depending on the specific circumstances of the accident, several parties could be held liable:
- Rideshare Driver: If the driver’s negligence caused the accident, such as distracted driving, speeding, or driving under the influence, they can be held responsible for your injuries.
- Ridesharing Company: The ridesharing company may be liable if the accident occurred during Period 2 or 3 and the driver’s actions were the primary cause. Additionally, the company could be held responsible if it failed to conduct a thorough background check on the driver.
- Other Drivers: If another driver caused the accident, their insurance will be the primary source of compensation.
Common Causes of Rideshare Accidents in South Carolina
Unfortunately, rideshare accidents are a growing concern. Here are some of the leading causes:
- Distracted Driving: Rideshare drivers often rely on GPS navigation and may be multitasking with their phones, which can divert their attention from the road.
- Drowsy Driving: Long hours behind the wheel can lead to driver fatigue, increasing the risk of accidents.
- Speeding: Some rideshare drivers may speed to fulfill ride quotas or meet passenger demands, compromising safety.
- Vehicle Maintenance Issues: Rideshare companies require vehicle inspections, but poorly maintained vehicles can pose a safety hazard.
- Aggressive Driving: Traffic congestion or frustration with other drivers can lead to reckless maneuvers.
- Impaired Driving: While rideshare companies conduct background checks, there’s always a risk of encountering a driver under the influence of alcohol or drugs.
Understanding Ridesharing Insurance Coverage in South Carolina
Ridesharing companies provide insurance coverage for their drivers, but the level of coverage depends on the stage of the ride:
- Period 0 (Driver App Off): The driver’s personal insurance policy applies.
- Period 1 (Driver App On, No Passenger Assigned): The rideshare company provides limited liability coverage for accidents and injuries.
- Period 2 (Driver En Route to Pick Up Passenger or Has Passenger in the Car): The ridesharing company provides primary liability coverage, with limits that vary depending on the company and state. In South Carolina, minimum coverage amounts are:
- $1 million per accident for bodily injury
- $1 million per accident for property damage
- Period 3 (Driver App Off After Completing a Ride): The driver’s personal insurance policy may apply, depending on the specific circumstances.
Common Injuries in South Carolina Rideshare Accidents
Rideshare accidents can cause a variety of injuries, ranging from minor to life-threatening. Here are some of the most common:
- Whiplash: This is a soft tissue injury to the neck, caused by the sudden back-and-forth movement of the head.
- Head Injuries: Concussions and other head injuries can occur from hitting your head on the car’s interior or from debris.
- Broken Bones: The force of a collision can cause fractures in the arms, legs, ribs, or other bones.
- Back and Spinal Cord Injuries: Serious back injuries or spinal cord damage can have devastating consequences.
- Lacerations and Soft Tissue Injuries: Cuts, bruises, and sprains are common, especially from broken glass or flying debris.
Steps to Take After a South Carolina Rideshare Accident
The aftermath of a rideshare accident can be confusing. Here are some essential steps to take:
- Seek Medical Attention: Your health is the top priority. Call 911 immediately if you’re injured and request medical assistance.
- Report the Accident: If possible, report the accident to the rideshare company through their app and file a police report.
- Document the Scene: Take photos of the accident scene, damage to vehicles, and any visible injuries (once it’s safe to do so).
- Gather Information: Exchange contact details with the rideshare driver, any passengers involved, and witnesses.
- Contact a South Carolina Rideshare Accident Lawyer: An experienced attorney can guide you through the legal process, navigate complex insurance coverage issues, and fight for the compensation you deserve.
Why Uber & Lyft Accidents Are Different Than Your Typical Car Crash
Car accidents are all unfortunate events, but rideshare accidents involving Uber, Lyft, or other companies present unique challenges compared to traditional collisions. Here at the CEO Lawyer Personal Injury Law Firm, understanding these nuances is critical to ensuring you receive fair compensation after a South Carolina rideshare accident.
1. Determining Liability Gets Complicated
- Shifting Insurance Coverage: Unlike regular car accidents, where one driver’s insurance is clear-cut, rideshare accidents depend on the trip phase when the accident occurred. Rideshare companies provide primary insurance during active rides, with coverage limits that may differ from standard car insurance policies.
- Multiple Parties Involved: In a rideshare accident, there can be three potentially liable parties: the rideshare driver, the other driver involved (if any), and the rideshare company itself. Our South Carolina Rideshare Accident Lawyers will meticulously investigate the accident to pinpoint who’s responsible.
2. Ridesharing Companies Fight Claims Aggressively
Rideshare companies have legal teams dedicated to minimizing their financial liability. This means they may deny claims or offer settlements that undervalue your injuries.
A skilled attorney experienced in rideshare accident law will know how to counter their tactics and fight for the compensation you deserve.
3. Importance of App Data and Documentation
Rideshare accidents heavily rely on electronic evidence. The rideshare app tracks the trip details, driver information, and GPS location.
Our legal team will secure this critical evidence to support your case. Additionally, witness statements and police reports are crucial for documenting the accident.
4. Understanding Your Insurance Coverage
Your car insurance policy may provide additional coverage in a rideshare accident, even if you weren’t the driver. An attorney can help you understand your policy’s terms and ensure you leverage all available coverage options.
5. Potential for Uninsured/Underinsured Motorist Coverage
If the at-fault driver or rideshare company’s insurance coverage isn’t enough to cover your damages, you may have recourse through your underinsured motorist (UIM) coverage. A CEO Lawyer Personal Injury Law Firm’s attorney can advise you on maximizing your recovery through all available insurance options.
What a South Carolina Rideshare Accident Law Firm’s Team Can Do For You
- Investigate the Accident Thoroughly: We’ll gather evidence from the rideshare app, police reports, witness statements, and accident scene photos to build a strong case.
- Navigate Complex Insurance Issues: We understand the complexities of rideshare insurance and will fight to ensure all applicable coverage options are explored.
- Negotiate Aggressively with Rideshare Companies: Our experienced attorneys know how to deal with rideshare companies’ tactics and fight for a fair settlement.
- Take Your Case to Court (if necessary): If a fair settlement isn’t reached, we’re prepared to take your case to court to secure the compensation you deserve.
South Carolina Rideshare Accident FAQs
Ridesharing accidents raise unique legal issues. We’ve compiled a list of frequently asked questions to help you navigate this complex situation.
I Was Injured as a Passenger in a Rideshare Accident. Who Is Liable, the Rideshare Driver or the Other Driver Involved?
Liability typically depends on what caused the accident. South Carolina law dictates different insurance coverages depending on the phase of the rideshare trip.
- If the rideshare driver caused the accident: The rideshare company’s primary insurance will likely apply during active rides. However, coverage limits may not be enough to cover your injuries. An attorney can explore all potential sources of compensation, including your insurance and the at-fault driver’s policy.
- If the other driver caused the accident: Their standard car insurance policy would likely be responsible for covering your damages.
What if the Rideshare Driver Was Speeding to Pick Me up When the Accident Happened?
Even if the driver wasn’t actively engaged with a passenger, rideshare companies may still be held liable if the driver’s actions were connected to providing rideshare services. Our legal team will analyze the specific facts of your case to determine if the rideshare company shares responsibility.
Can I Get Compensation for Emotional Distress After a Rideshare Accident?
Yes, South Carolina law recognizes emotional distress as a compensable injury in personal injury claims. If the accident caused you significant emotional trauma, anxiety, or depression, you may be entitled to compensation for these damages.
What if the Rideshare Driver Was Logged Into the App but Hadn’t Accepted a Ride Request Yet?
This situation falls outside the rideshare company’s primary insurance coverage. The driver’s car insurance policy would likely be responsible. However, their minimum coverage limits may not be sufficient. Our legal team can explore all available insurance options and fight to ensure you receive full compensation for your injuries.
Should I Contact My Own Insurance Company After a Rideshare Accident, Even if I Wasn’t the Driver?
Yes, contacting your insurance company is advisable. Your policy might have provisions for underinsured motorist (UIM) coverage, which can provide additional compensation if the at-fault driver’s insurance isn’t enough.
An attorney can advise you on navigating your own insurance policy and maximizing your benefits.
Don’t Let Rideshare Companies Bully You!
Rideshare accidents can be stressful, and rideshare companies have teams dedicated to minimizing their financial liability. At the CEO Lawyer Personal Injury Law Firm, our South Carolina Rideshare Accident Lawyers understand the tactics they use and will fight aggressively to protect your rights.
Contact the CEO Lawyer Personal Injury Law Firm today for a free consultation. Ali Awad, the CEO Lawyer, leads a team of experienced attorneys with a 99.5% success rate.
We’ll answer your questions, handle the legal complexities, and ensure you get the compensation you deserve. Call us at (864) 664-3865 or visit our website to schedule a consultation.