It’s convenient and seemingly carefree to use a rideshare service like Uber or Lyft to get around Birmingham, whether you’re catching a ride to the Birmingham-Shuttlesworth International Airport or grabbing dinner at one of the restaurants in the Five Points South Entertainment District. But you are also entrusting your safety to a stranger.
Lyft and Uber drivers must have clean driving records to drive for the companies, but that doesn’t mean they are immune to car accidents. If you or a loved one suffered injuries in a rideshare accident, talk with a Birmingham Lyft accident lawyer from Cory Watson Attorneys. You may be eligible to recover compensation for your injuries.
As with any car accident case, accidents involving rideshares can get complicated when it comes to dealing with major corporations and their insurance companies. A trusted Birmingham Uber accident lawyer from Cory Watson Attorneys can sort out your insurance questions and advocate on your behalf. Let us handle your rideshare accident injury claim so you can rest easy and focus on getting better.
Why Choose Cory Watson Attorneys for Your Birmingham Rideshare Accident Claim?
The personal injury lawyers from Cory Watson Attorneys have represented accident victims and their families for over four decades. In that time, we have gone against some of the most powerful companies in the world and recovered over $4 billion in verdicts, judgments, and settlements on behalf of our clients. No matter how big or small the case, we never lose sight of what’s important — the client’s best interests.
If you or a loved one was injured in an accident due to another person or party’s negligence, you shouldn’t have to shoulder the burden of medical bills and other expenses on top of your medical bills. You can trust us to handle your case professionally and thoroughly in pursuit of justice and the full compensation you need and deserve. You’ve been through enough. Contact us today for your free consultation and let us explain how we can help.
For a free legal consultation with a Personal Injury lawyer serving Birmingham, call 877-562-0000
Do I have a Birmingham Rideshare Accident Case?
To bring a claim against a rideshare driver, you or a family member must have suffered injuries in an accident involving an Uber or Lyft driver. This can include several parties, including:
- Rideshare passengers
- Rideshare drivers
- Occupants of other vehicles struck by a rideshare vehicle
- Pedestrians and bicyclists struck by a rideshare vehicle
Next, you have to show that the rideshare driver’s negligence caused your injuries. To do this, you (the plaintiff) typically need to establish the following four elements:
- Duty of Care: The plaintiff must show that the defendant owed a duty of care to them. In a rideshare accident, this duty of care is generally established because rideshare drivers, like all drivers, owe a duty of care to other road users and their passengers.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached the duty of care. This means showing that the defendant’s actions or omissions fell below the standard of care expected of a reasonable person in similar circumstances. For example, if the rideshare driver was speeding, distracted, or violated traffic laws, it could be considered a breach of duty.
- Causation: The plaintiff must prove that the defendant’s breach of duty was the proximate cause of the accident and resulting injuries. It should be evident that the defendant’s actions directly led to the accident and the plaintiff’s harm.
- Damages: The plaintiff must show that they suffered actual damages as a result of the accident. This can include physical injuries, property damage, medical bills, lost wages, pain and suffering, and other tangible losses.
To succeed in a negligence case, the plaintiff needs to establish each of these elements by a preponderance of the evidence, meaning it is more likely than not that the defendant was negligent. It’s important to note that rideshare companies like Uber and Lyft generally have insurance policies in place to cover accidents involving their Uber or Lyft drivers, and the compensation may come from the driver’s insurance or the rideshare company’s insurance, depending on the stage of the trip.
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Who Can Be Held Liable for Injuries in Birmingham Uber and Lyft Accidents?
There is no hard and fast rule on who will be liable for your injuries in a Lyft accident. Liability is determined on a case-by-case basis. The party whose negligence caused you to get hurt will be liable for the harm you suffered. In some cases, multiple parties may play a role and your rideshare accident lawyer in Birmingham may be able to recover compensation from more than one party. Potential parties who could be held liable in an Uber or Lyft accident include:
The Uber or Lyft Driver
If the driver was negligent, reckless, or at fault in the accident, they could be held liable for any resulting injuries or damages.
Uber or Lyft
The ride-sharing companies themselves may be held liable in certain situations, especially if the accident was caused by a defect in the app, driver screening process, or other corporate negligence.
Other Drivers
If the accident involved multiple vehicles, drivers of other vehicles involved may share some liability, particularly if their actions contributed to the accident.
Government Entities
In some cases, a government entity may be held liable if their actions or inactions contributed to an accident for example, if a road hazard contributed to your accident, the government entity charged with maintaining the road may be held liable.
Third Parties
Depending on the specific circumstances, other third parties like car manufacturers of vehicle parts, may be liable. These cases fall under product liability law.
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Whose Insurance Can Pay for My Losses After a Lyft Accident in Birmingham
The issue of whether the driver’s auto insurance or Lyft’s liability policy will pay your losses will depend on whether the driver is on duty for the rideshare company. Lyft provides liability coverage to protect passengers, but not 24/7. The driver still has to maintain personal automobile liability insurance.
All drivers in Alabama are required to carry at least the following insurance coverage:
- $25,000 bodily injury liability per person
- $50,000 bodily injury liability per accident
- $25,000 property damage
When the Uber or Lyft Driver’s Personal Auto Insurance Policy Applies
When the rideshare driver’s Lyft app is off, Lyft’s liability policy does not cover that driver. Also, at that time, any passengers or other people who could get harmed by the driver’s negligence must look to the Lyft or Uber driver’s auto insurance policy for compensation for their losses.
When Uber and Lyft’s Liability Policy Applies
Lyft has third-party liability insurance coverage for qualified accidents if the following conditions are met:
- The rideshare driver’s personal auto insurance coverage does not apply
- The driver has the app on while waiting for a ride request
In this state of limbo, Lyft errs on the side of protecting people who get injured in rideshare accidents. Lyft’s third-party liability insurance can pay for those losses for a covered accident—even during pick-up or drop-off. The coverage from Uber and Lyft is different depending on whether the driver was:
- Waiting for a ride request with the app on
- Transporting passengers through the app’s instruction
The Amount of Coverage for Rideshare Passengers Under Uber or Lyft’s Insurance Policy
There are two levels of coverage under Lyft’s third-party liability policy:
When the driver has the app on and has not yet received a ride request,
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
When the driver is transporting passengers
- $1 million third-party liability
- Uninsured/underinsured motorist bodily injury and/or first-party injury insurance
- Contingent comprehensive and collision up to the actual cash value of the car with a $2,500 deductible
State law can modify the terms of the rideshare company’s liability insurance. Your rideshare accident lawyer will inform you of any new changes Alabama law makes to these conditions.
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How Much Money You Can Get From the Insurance Company to Settle Your Birmingham Rideshare Claim?
Rideshare accident claims do not come with automatic or flat-rate injury settlements. If you were injured in an Uber or Lyft, the amount of compensation you could pursue for your losses will depend on the unique facts of your car accident. A Birmingham rideshare accident attorney can explore your Lyft accident to determine the fair amount of your settlement value.
Your Lyft rideshare accident lawyer can negotiate with the claims adjuster for you. If the insurer does not agree to pay what you deserve for your injuries and losses, we could file a lawsuit to seek a compensation award from a jury.
Here are some of the losses people often seek in these injury claims:
- Medical bills for the necessary treatment of wounds
- Lost income (wages, salary, self-employment, and other types of regular income) the injured person did not receive because of the accident and injuries
- Pain and suffering for the physical discomfort and emotional distress the injured person experienced
- Other intangible losses, including disfigurement from scarring, loss of the enjoyment of life, and post-traumatic stress disorder (PTSD)
These are just a few examples of how money damages a person could seek for the losses they sustain from a collision that was someone else’s fault.
How Can a Lyft Accident Lawyer in Birmingham Help with My Rideshare Claim?
A lawyer can be immensely helpful in various ways when it comes to handling your rideshare accident claim. Here are some of the ways a Birmingham Lyft attorney with Cory Watson Attorneys can assist you:
Legal Expertise
Our lawyers handle personal injury and rideshare accident cases and have a deep understanding of the relevant laws and regulations. They can provide legal advice and guidance tailored to your specific situation.
Investigation
Our attorneys can conduct a thorough investigation of the accident, including gathering evidence, talking to witnesses, obtaining accident reports, and analyzing any available surveillance footage. This helps in building a strong case.
Determining Liability
Our lawyers can help determine who is liable for the accident, whether it’s the rideshare driver, another driver, the rideshare company, or another party. They can assess the facts and circumstances to establish negligence.
Communication with Insurance Companies
Dealing with insurance companies can be complex and stressful. Our attorneys can handle communications with insurance adjusters, ensuring that you do not make statements that could potentially harm your claim.
Negotiating Settlements
Our lawyers are skilled negotiators and can work to secure a fair and just settlement for your injuries and damages. They can help assess the value of your claim and advocate on your behalf to achieve the best possible outcome.
Filing Lawsuits
If negotiations with insurance companies do not lead to a satisfactory settlement, your attorney can file a lawsuit on your behalf and represent you in court. They will navigate the legal process, file necessary documents, and represent you during trial.
Gathering Medical Evidence
Your attorney can help collect medical records, bills, and expert opinions to demonstrate the extent of your injuries and the need for compensation.
Dealing with Legal Complexities
Rideshare accident claims can involve complex legal issues, such as determining insurance coverage at different stages of a trip. Your lawyer can navigate these complexities and ensure that all relevant parties are held accountable.
Statute of Limitations
Your lawyer can ensure that you meet all statutory deadlines and filing requirements, preventing your claim from being time-barred.
Reducing Stress
Dealing with a personal injury claim can be emotionally and physically taxing. Your attorney can handle the legal aspects, allowing you to focus on your recovery and well-being.
You Have a Deadline to File a Lawsuit for Your Losses
Every state sets a deadline, called the statute of limitations, for filing lawsuits. Alabama is no different. AL Code § 6-2-38 generally gives you two years from the date of your accident to file a personal injury lawsuit to seek compensation from the defendant. If your close relative died because of a rideshare accident, you might have a wrongful death claim.
In both types of lawsuits, the deadlines are strict. If you miss the statute of limitations for your case, the law will prevent you from seeking compensation from the person whose carelessness injured you or took the life of your loved one.
Contact the Birmingham Lyft Accident Lawyers at Cory Watson Attorneys Today
At Cory Watson Attorneys, we are passionate about helping people who get hurt because of someone else’s carelessness. We will fight tirelessly to help you get the financial recovery you need to rebuild your life.
Our Birmingham personal injury attorneys are happy to offer a free initial consultation at no obligation. You can call us today at (205) 328-2200 to get started. Our past client testimonials can give you an idea of what to expect from our professional team.
Call or text 877-562-0000 or complete a Free Case Evaluation form