Your guide to insurance, liability, and legal options after a rideshare crash.
Pedestrians navigate public spaces with a sense of awareness, constantly vigilant and reliant upon the assumption that drivers will follow traffic laws and operate their vehicles in a safe and responsible manner. Unfortunately, this trust is not consistently awarded. So, what happens in complex situations where a rideshare driver hits someone on foot? What can be done to address the physical and financial consequences?
Beyond the immediate pain and trauma of an accident, victims are often left wondering how to manage mounting medical bills, time off work, and communication with insurance companies. Unlike typical car crashes, incidents involving Uber or Lyft drivers introduce additional layers of complexity, as multiple insurance policies may be involved. From the driver’s personal coverage and the rideshare company’s commercial policy to the pedestrian’s own insurance, navigating this maze while recovering can be overwhelming and intimidating.
This article outlines the options that injured pedestrians may have if they are facing this unfortunate set of circumstances. Here, we’ll break down exactly who may be held responsible for the collision, explain the immediate steps to take at the scene and the following days, and provide guidance on how an experienced attorney can help build a strong claim and fight for maximum compensation.
Whether you were hit while crossing an intersection or walking on a sidewalk, knowing your rights and understanding the entire claims process is critical to protecting your health, finances, and future.
What You Should Do If You’re Hit By An Uber Or Lyft
It’s usually disorienting and frightening for victims of rideshare collisions. If you find yourself in this unfortunate situation, your top priority should be your safety and health, so calling 911 immediately is strongly advised. You should do so in a safe location away from active traffic.
If possible, document the scene by taking photographs of the vehicle that struck you, visible injuries, and the surrounding scene. Get the driver’s contact information, the rideshare details, and insurance details. If witnesses were present, ask them for their names and phone numbers.
Throughout this process, it is important to avoid making statements regarding fault and to stick to the facts when interacting with law enforcement.
Even if you feel fine, seek medical attention right away. This is not only for your well-being, but also for proving the extent of your injuries if you decide to file a claim.
Who Is Liable When A Rideshare Driver Hits A Pedestrian?
It can be complicated and time-consuming to prove liability in a rideshare accident. In many cases, the driver will be primarily responsible if they acted negligently, which can include running a red light, failing to yield, or driving distracted. Uber and Lyft can also be liable under certain circumstances, particularly if the driver was logged into the app and waiting for a ride request, en route to pick up a passenger, or actively transporting someone.
Additional liable parties, like government entities and vehicle manufacturers, can be involved as well. An attorney can investigate and identify all possible sources of liability to maximize your potential for recovery.
What Insurance Covers Pedestrians Injured By Uber Or Lyft Drivers?
Uber and Lyft provide specific insurance coverage depending on the driver’s status during the time of the crash. It can be broken down as follows:
- Driver Not Logged In: Only the driver’s personal insurance applies.
- Driver Logged In and Waiting for a Ride Request: Contingent liability from the rideshare company applies, which is up to $50,000 per person for bodily injury and $100,000 per accident.
- Driver En Route to Pick Up or Actively Transporting a Passenger: The rideshare company’s $1 million commercial liability policy usually applies.
Individuals may also secure coverage through their own auto or health insurance, and sometimes, uninsured motorist coverage may come into play. Because rideshare policies have unique conditions and limitations, claims typically involve multiple insurance negotiations.
Do I Need A Lawyer If I’m Injured By An Uber Or Lyft Driver?
While you may not be legally required to hire an attorney, having one by your side will make a substantial difference in the outcome of your case. Rideshare companies and their insurers have experienced legal teams behind them who seek to minimize payouts. Without proper representation, you risk accepting a settlement that does not reflect your financial needs for medical bills, lost wages, and other long-term needs.
A skilled attorney who is experienced in rideshare accident claims can gather evidence, navigate insurance negotiations, manage legal communications, and ensure your rights are protected. They are also equipped to help you identify all potential sources of compensation and calculate an accurate value of your claim.
Your Guide To Seeking Compensation For Rideshare Accidents As A Pedestrian
To obtain compensation after being hit by an Uber or Lyft driver, you will need to prove that the driver was at fault and that this directly contributed to your injuries from the accident. Compensation may include, but is not limited to:
- Medical Expenses
- Lost Wages
- Property Damage
- Pain and Suffering
- Emotional Distress
A demand letter to the relevant insurance company usually initiates the claims process. If preliminary negotiations fail, a lawsuit may be filed. In either situation, detailed documentation and a strong knowledge of the legal system will strengthen your chances of success.
What Makes Rideshare Accidents More Complicated For Injured Pedestrians?
Unlike “normal” car accidents, rideshare collisions involve multiple parties, overlapping insurance policies and complex liability considerations. Insurance companies may dispute whether or not the driver was logged on, argue that Uber or Lyft’s policy doesn’t apply, or shift blame to the pedestrian.
Given that rideshare companies classify drivers as independent contractors, this can complicate efforts to hold the company accountable. Proving negligence, documenting all damages, and securing compensation often requires a comprehensive legal approach that only an adept lawyer can provide.
How Long Do I Have To File A Claim After A Rideshare-Related Accident?
In Florida, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. Missing this deadline can jeopardize the legitimacy of your claim and result in you losing your right to recover compensation. For this reason, it is crucial to act quickly to safeguard your legal welfare and obtain fresh evidence to support your credibility.
Struck By A Rideshare Vehicle In Florida? Call Fenstersheib Law Group, P.A. Today
Don’t leave the outcome of your claim up to chance. At Fenstersheib Law Group, P.A., we stand alongside pedestrians who have suffered injuries due to negligence.
Fenstersheib Law Group is deeply familiar with the intricacies of rideshare accident claims – especially in the context of injured pedestrians. If you’re seeking legal representation that will stand up for your best interests no matter what, you can count on us.
Our firm is pleased to offer our services across Florida. Our main office is located in Hallandale Beach, which provides a central location for our legal services. We also operate secondary offices throughout the state to better serve our clients, including Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, and Jacksonville (by appointment only).
Ready to get started with a proactive plan? Schedule your initial consultation today by calling 1-833-TellFLG (1-833-835-5354)!
