Uber/Lyft/Rideshare Car Accident Lawyer Lake Charles and New Orleans, LA
Ridesharing, or ride-hailing, services have led to a change in the way we use public transportation. While taxis continue to be a staple on our roads, apps like Uber and Lyft have allowed a cost-effective transportation option with the use of an app. With the prevalence of smartphones, it is now more convenient than ever to arrange and pay for a ride, tracking the exact location of your driver and your expected travel time.
Through the use of modern ridesharing apps, there is no longer a need to stand in the rain to hail a taxi, or to call a company to order one. With just a flick of a button, you can order, pay, and know exactly how long it will take for your ride to get to you. It doesn’t get more convenient than that!
But when that ride results in an accident, it may also be easy to find yourself in a complicated mess of medical bills for your injuries and a lengthy insurance battle. If you have sustained an injury in a Lyft or Uber accident in Louisiana, you may be entitled to file a claim for your damages.
Whether you were injured as a driver in another vehicle, or as a passenger, our experienced Louisiana Uber accident lawyers at Broussard Injury Lawyers can help you seek compensation. Our team of Louisiana personal injury lawyers is here to provide quality legal counsel and representation.
To schedule a complimentary consultation regarding your car accident case in Louisiana, contact our toll-free hotline at (866) 281-4774.
Lyft and Uber Services in Louisiana
Ever since apps like Lyft and Uber broke into the statewide Louisiana market in 2019 through the passing of Louisiana Act No. 286, there has been an annual increase in the number of rideshare drivers servicing the local population. Since 2015, the percentage of Americans who use ridesharing apps has doubled from 15% to 36% in 2021. The growing demand was met by an increase in drivers signing up as ridesharing drivers.
Transportation Network Companies (TNC) like Lyft and Uber have tapped into the growing “gig economy” of amateur drivers. This is in comparison to taxi companies whose drivers are directly hired and may need to pass additional licensing requirements. Ridesharing drivers are not direct employees of companies like Uber and Lyft and, as such, these TNCs hold limited liability when their drivers are involved in accidents.
In Louisiana, where one of the major industries is tourism, ridesharing apps provide a more convenient and cheap alternative to taxis, especially in places where taxis are not more readily available, such as New Orleans. However, while this increase makes it more convenient for people to order an Uber or a Lyft, the increase in drivers seeking to capitalize on the growing market has led to congestion on roads. As roads get more crowded, the risk of car accidents also increases.
Research conducted by the University of Chicago and Rice University between 2011 and 2016 studied the correlation between the increase in prominence of TNCs to the increase in fatal car accidents in the US. The study found that the boom of ride-sharing services like Uber and Lyft led to a 3% increase in the number of fatal car accidents.
While the study’s critics maintain that there is a poor correlation between the boom in ridesharing and the increase in car accidents, traffic fatalities still surged in Louisiana by 34% from 2019 to 2021 despite the Covid-19 pandemic. The NHTSA relates that this increase is due to risky driver behavior. As the economy opens in the post-pandemic future, car accident figures are even more likely to increase.
If you have been injured in a car accident due to a driver’s negligent behavior, our experienced Louisiana personal injury attorneys may be able to help. At Broussard Injury Lawyers, our team of Louisiana personal injury attorneys has over 30 years of experience in helping victims of car accidents get the compensation they deserve. Contact us at (866) 281-4774 or fill out our online form to schedule a free consultation with one of our skilled Louisiana car accident attorneys.
How Lyft, Uber, and Other Ride-Sharing Accidents Differ From a Regular Louisiana Car Accident
Given that ridesharing drivers are not direct employees of the companies, when you order a Lyft or an Uber, the driver you get may not be a professional. While TNCs may have standards and rules they require of their drivers, the drivers are freelancers with no job security and so they may have less incentive to follow the rules. The cars used in ridesharing are also personal vehicles that may not be maintained regularly. Determining fault and liability in an accident where one or more of the parties is a ridesharing driver can be difficult.
Liability in Uber/Lyft Car Accidents
Because they are not direct employees of TNCs, the company cannot be held liable if you have been injured in an accident caused by Lyft or Uber. In 2015, the Louisiana legislature passed a bill (SB 172) requiring ridesharing companies to provide insurance for all Uber and Lyft vehicles, in order to cover both passengers and drivers in case of an accident. The insurance will depend on the ‘stage’ of the ride and would only apply to passengers during the actual duration of the ride or the “trip acceptance period”.
Under the Louisiana Direct Action Statute, in case of an accident, drivers can file a personal injury lawsuit directly against the negligent party’s insurance company. Thereby, TNCs avoid direct liability due to driver error by providing liability insurance to passengers.
Aside from the usual case where the at-fault party is one of the drivers, there can also be shared responsibility if the actions of a third party contributed to the accident. This may happen in cases where road signs are not maintained, car parts are not installed correctly in vehicles, or there is debris on the road. All of these details matter in a car accident. To establish a solid case, conducting a thorough investigation into the circumstances of your accident is critical.
While this may seem daunting, seeking the help of a personal injury attorney who is also experienced in handling ridesharing or Uber accidents can be very helpful. While a traditional car accident lawyer may know the law regarding car accidents and personal injury cases, you may want to work with an Uber or Lyft accident lawyer who will know how to determine liability in your case. An attorney who has previous experience with ridesharing car accidents will likely know more about what can strengthen your claim and help save you time and money.
Our Louisiana Lyft and Uber accident attorneys at Broussard Injury Lawyers understand the physical, mental, and emotional impact accidents can have on your life. We can help you navigate the sometimes confusing legal process involved in personal injury cases. Call us today at (866) 281-4774 to schedule a complimentary consultation.
Uber/Lyft Car Accident Claims – Driver Operator Status
A ride-share accident can occur in some of the following ways:
You or a loved one are passengers who were injured in an accident while in a Lyft or Uber car where the ridesharing driver was at fault
You or a loved one are passengers who were injured in an accident while in a Lyft or Uber car where another driver was at fault
You or a loved one was a passenger, a pedestrian, or another motorist injured in an accident with a Lyft or Uber driver who was waiting for a rider request
You or a loved one was a passenger, a pedestrian, or another motorist injured in an accident with a Lyft or Uber driver in during a ride share ride
You or a loved one was a passenger, a pedestrian, or another motorist were injured in an accident with a Lyft or Uber driver who was off duty
To address these possible scenarios, Lyft and Uber follow a system of coverage depending on whether their drivers are actively driving in a ridesharing capacity. If a Lyft or Uber driver is involved in a car accident while the app is off, the driver’s personal auto insurance will apply in the accident. However, the following system will apply when the app is turned on:
When the app is on and waiting for a ride request
If a driver’s personal insurance does not apply, both Lyft and Uber maintain third-party liability insurance for the following amounts:
$50,000/person for bodily injury
$100,000/accident for bodily injury
$25,000/accident for property damage
When the app is on and drivers are en route to pick up passengers or during rides
At least $1,000,000 for third-party auto liability from when a ride is accepted until the ride ends
First-party coverages, which may include uninsured motorist coverage, underinsured motorist coverage
If a driver obtains comprehensive and collision coverage on their personal auto policy, both Lyft and Uber maintain contingent comprehensive & collision coverage up to the actual cash value of the car ($2,500 deductible)
Lyft and Uber share the same level of liability coverage. How much they pay will depend on how the accident occurred as well as on who is responsible for the accident. As a state with a “pure comparative negligence” system, Louisiana’s laws hold each driver involved in an accident a percentage of the liability of fault in the accident. This means that liability in an accident can be shared between drivers and how much is paid will depend on a party’s percentage of fault in the accident.
If the court determines that you suffered $10,000 in damages but are determined to be liable for 30% of the fault in an accident. The negligent party or the defendant who has 70% of the fault may only be responsible for paying you $7,000 in compensation.
Determining the liability in a car accident with at least one Lyft or Uber driver involved can be complicated. Seeking the help of an experienced Louisiana Lyft and Uber accident lawyer is important to make sure that your rights are protected.
Our team of skilled Louisiana personal injury attorneys at Broussard Injury Lawyers may be able to help you hold the at-fault party for any injuries and damages you sustain. We will conduct a thorough investigation of the case to determine the liable party. We can also gain access to information that would help determine whether the at-fault driver was driving in an active ridesharing capacity at the time of the accident. Our attorneys work hard to determine and attain the maximum possible compensation for our clients. Call our toll-free number today at (866) 281-4774 or fill out our online form to schedule an appointment.
What To Do if You’ve Been Injured in a Lyft/Uber Accident
Your priority, if you’ve been involved in an accident, should be to seek medical attention for any injuries you may have sustained. You should also consider getting photos of the accident, any damages to your property, as well as the extent of your injuries. If you are not able to document the damages, you should consider asking a trusted friend or family member to help you document the facts of the case. Getting an account of what happened during the accident from eyewitnesses at the scene can also be beneficial.
Any documentation you have collected regarding your accident may be useful in your lawsuit. This evidence and the police report are both critical when you file an insurance claim or a claim for damages, either from Lyft or Uber’s third-party insurance or at the at-fault driver’s insurance policy.
This process may be difficult and confusing, especially right after being injured in a ridesharing car accident. At Broussard Injury Lawyers, we focus on getting you the compensation you deserve while you focus on recovering from your injuries. Whether it is from the ridesharing driver’s policy, from Lyft or Uber’s policy, or another at-fault driver’s policy, our personal injury attorneys work hard to provide quality legal counsel and representation to our clients. Contact us today at (866) 281-4774 to schedule a free consultation with one of our skilled Louisiana Uber and Lyft accident attorneys.
How Lyft and Uber Accident Attorneys Can Help After a Ridesharing Car Accident
If you have been injured as a result of a ridesharing accident, having the help of an experienced Louisiana Lyft and Uber accident attorney can be critical in getting you the maximum compensation possible. Going up against a large company with a large insurance claim can be intimidating, as is fighting for just compensation from an at-fault party. At Broussard Injury Lawyers, we are committed to protecting the rights of our clients and fighting for their best interests.
Under Louisiana law, ridesharing companies like Lyft and Uber are required to follow strict policies regarding the conduct of their drivers. These policies include:
Having a zero-tolerance policy for the use of any drugs and alcohol and driving under the influence while logged onto the app
Denying drivers who have had more than 3 moving violations in the past three years access to the app
Denying drivers who have been convicted of a DWI charge in the last seven years
The statute of limitations on personal injury cases and property damage claims in Louisiana is one year from the date of the accident. Should you fail to file a claim within the one year allowed, your case might be dismissed.
Our Uber and Lyft car accident attorneys can investigate the circumstances of your accident and consult medical professionals to determine the appropriate value of your claim. We can also obtain information that can establish the liability of the rideshare company such as the driver’s status and find out additional sources of insurance coverage if any. We can also negotiate with insurance companies on your behalf and hold the insurance companies accountable if they try to downplay your claim. We are prepared to bring the matter to court, if necessary.
Getting the Help of a Skilled New Orleans Lyft/Uber Accident Lawyer
Our team of attorneys at Broussard Injury Lawyers is well-versed in Louisiana car accident and personal injury law. We pride ourselves in providing compassionate and qualified legal services to personal injury victims throughout Louisiana. Our car accident lawyers are here to fight for the compensation you deserve under the law. If you have been injured in an accident involving a ridesharing driver, we may be able to help you, regardless if you are a passenger, a pedestrian, or another driver. We also serve the areas of Lake Charles, Lafayette, Alexandria, Baton Rouge, New Orleans, and Shreveport.
Contact us today on our toll-free number at (866) 281-4774 or fill out our online form and schedule a consultation with one of our skilled Louisiana Uber accident lawyers.
“When you hire Broussard Injury Lawyers law firm you are not treated like you are just a client, they treat you like a friend. They truly want to help you get the best result from an unfortunate situation. No one wants to be in a position to have to hire a lawyer, but if you ever need one, you can be confident that when you hire Broussard Injury Lawyers, you are hiring the best.”Tristian Kitts Broussard Injury Lawyers client