Filing a Lawsuit After an Uber or Lyft Accident

Uber, Lyft and other ridesharing companies have transformed transportation, offering us a convenient way to get around Denver and other surrounding areas. But what happens when the vehicle that was supposed to deliver you safely to your destination is in an accident?

Getting injured in a Lyft or Uber accident can overwhelm, frighten, and confuse you. Who is responsible for the crash? Who will pay for your medical expenses, lost wages or income, and other damages? Will you need to file a Lyft or Uber accident lawsuit?

After a rideshare accident, hiring an experienced and proven Lyft or Uber accident lawyer is one of the best steps you can take to get the full, fair, and complete compensation you deserve, even if it means filing a lawsuit against the rideshare company. 

Uber and Lyft accidents are usually much more complex than regular car accidents, with multiple parties, liability restrictions, and insurance caps involved.  At Fuicelli & Lee, we are committed to helping you understand your rights and legal options after a rideshare accident so that you can make the best decisions going forward.

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Understanding the Unique Nature of Rideshare Accidents in Colorado

Uber and Lyft are not the same as traditional taxi services, and the legal framework surrounding their operations is very different. Rideshare drivers are classified as independent contractors, which adds a layer of complexity to the insurance and liability issues after an accident. 

Filing a claim for damages after a Lyft or Uber accident can be more complicated than a typical car accident. While rideshare drivers are required to carry personal auto insurance, Uber and Lyft also provide coverage for drivers when they’re on the app.

Determining which insurance applies—and when—can be confusing. Multiple factors, including whether the driver was logged into the app or actively transporting passengers, play a role in who may be held liable.

Common Causes of Uber and Lyft Accidents

Rideshare drivers often face unique challenges that increase the risk of accidents.

Some common causes of rideshare-related crashes include:

• Distracted driving: Uber and Lyft drivers rely heavily on smartphones to navigate and manage their rides. This reliance on technology can lead to distractions, increasing the risk of accidents.
• Driver fatigue: Many rideshare drivers work long hours, sometimes late into the night, which can lead to fatigue. Tired drivers may react slower or even fall asleep behind the wheel.
• Traffic violations: Speeding, running red lights, and other traffic violations are common causes of car accidents. Unfortunately, some rideshare drivers, eager to maximize the number of rides they complete, may engage in risky driving behaviors.
• External factors: Sometimes, other drivers on the road are at fault, or poor weather contributes to an accident.

The special rules governing rideshare services can complicate the process of determining liability, making it even more important to consult an experienced Lyft or Uber accident lawyer.

Serious Injuries That May Form the Basis of an Uber or Lyft Accident Lawsuit

The injuries resulting from a Lyft or Uber accident can vary in severity, but when it comes to filing a Lyft or Uber accident lawsuit, certain injuries commonly form the basis of legal claims. While some injuries can be covered under the limits of the at-fault party’s insurance, whether it’s the rideshare driver or a third-party driver, other injuries may cause permanent disability or require extended care that exceeds insurance caps.

An experienced Uber or Lyft accident lawyer will know how to navigate the complexities of rideshare accident insurance to pursue the compensation you need and deserve. 

1. Traumatic Brain Injuries (TBI)

Traumatic brain injuries can range from mild concussions to severe brain damage. These injuries often occur when the head strikes a hard surface, such as the dashboard, window, or headrest, during a collision.

TBIs can cause long-term cognitive issues, such as memory loss, difficulty concentrating, and even personality changes. In extreme cases, TBI victims may suffer permanent brain damage, requiring lifelong care and significantly affecting their quality of life.

2. Spinal Cord Injuries

Spinal cord injuries are among the most devastating outcomes of a serious car accident. Damage to the spinal cord can result in partial or complete paralysis, affecting the survivor’s ability to walk, move, or even perform basic functions. 

Paralysis often leads to a lifetime of medical care, physical therapy, and adaptive equipment. Victims of spinal cord injuries may also suffer from chronic pain and other complications, making these injuries particularly life-altering.

3. Broken Bones and Fractures

Car accidents frequently result in broken bones, particularly in high-impact collisions. Victims may suffer fractures in the arms, legs, ribs, or even the pelvis. 

Severe fractures often require surgery to repair and may involve the placement of metal rods, screws, or plates. Recovery can take months, and in some cases, victims may experience long-term limitations in mobility.

4. Internal Injuries

Internal injuries are not always immediately apparent after a car accident but can be life-threatening. Common internal injuries include damage to the liver, spleen, kidneys, or lungs.

These injuries may result in internal bleeding, which can be fatal if not treated promptly. Internal injuries often require crash survivors to undergo emergency surgery and extended hospital stays, leading to significant medical costs.

5. Whiplash and Other Soft Tissue Injuries

Whiplash is a common injury in Uber and Lyft accidents. The injury occurs when the neck is violently jerked forward and then back, causing damage to the muscles and ligaments in the neck and upper back.

Although whiplash may seem minor compared to other injuries, it can result in chronic pain, headaches, and limited mobility. Soft tissue injuries like sprains, strains, and tears can also affect a person’s ability to perform everyday tasks.

6. Psychological Injuries

The trauma of a serious car accident doesn’t just affect the body—it can also have a profound impact on mental health. Many car accident survivors experience anxiety, depression, or post-traumatic stress disorder (PTSD) after an Uber or Lyft accident. 

These emotional and psychological injuries are just as important as physical injuries and should be considered when seeking compensation.

Who Is Liable in an Uber or Lyft Accident?

One of the most challenging aspects of filing a Lyft or Uber accident lawsuit is determining liability for the accident. Because they classify rideshare drivers as independent contractors, not employees, Uber and Lyft try to distance themselves from direct responsibility. 

However, the rideshare companies must carry insurance that covers accidents, depending on the driver’s status in the app at the time of the crash.

Liability generally falls into these categories:

1. Driver’s personal insurance: If the Uber or Lyft driver was not logged into the app at the time of the accident, the driver’s personal auto insurance would typically be responsible for covering any damages.
2. Rideshare company’s insurance: If the driver was logged into the app but hadn’t yet picked up a passenger, Uber or Lyft’s contingent liability insurance would apply. This policy provides coverage for injuries and property damage up to specific limits.
3. Commercial insurance coverage: If the driver was actively transporting a passenger, Uber or Lyft’s $1 million commercial liability policy would cover injuries or damages sustained in the accident.

However, understanding which insurance policy applies, especially when a crash involves multiple parties, can require hiring a Lyft or Uber accident lawyer. An experienced lawyer will navigate the insurance claims for you, safeguarding your compensation from the liable parties.

Filing a Claim vs. Filing a Lawsuit Against Uber or Lyft: What’s the Difference?

When you’re involved in an Uber or Lyft accident, one of the first actions you’ll need to take is to file an insurance claim for all your damages and losses. However, there are cases in which the at-fault party’s insurance company refuses to settle fairly, even with a lawyer negotiating for you. 

When insurance companies fail to offer you a deal that fully covers all of your damages, your next option might be to pursue a lawsuit. 

Here’s a closer look at a personal injury claim versus a personal injury lawsuit:

Filing an Insurance Claim

In most cases, the first step after an accident is to file a claim with the rideshare company’s insurance. Whether it’s Uber or Lyft, both companies are required by Colorado law to provide certain levels of insurance coverage. In many situations, the insurance company will evaluate your claim and offer a settlement.

Filing a claim may properly compensate you if:

• Your injuries aren’t life-altering, and your medical bills are relatively low.
• The insurance company offers a fair settlement that adequately compensates you for your losses.
• The rideshare company’s insurance accepts responsibility.

However, insurance companies often offer settlements that are far less than what you are entitled to. In these cases, or if your claim is denied, you may need to consider filing a lawsuit.

Why Hiring a Trial Lawyer Matters in Lyft or Uber Accident Cases

Hiring a trial lawyer for your Lyft or Uber accident claim can make a significant difference in the outcome of your case. While many personal injury cases are settled out of court, having a lawyer with years of trial experience ensures that you’re prepared for any situation, whether through settlement negotiations or in the courtroom.

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At Fuicelli & Lee, all of our car accident lawyers are seasoned trial lawyers. We treat every personal injury case we take with meticulous care and preparation as if it were headed to trial before a judge or jury. 

Trial Lawyers Can Achieve Higher Settlements

Insurance companies are more likely to offer higher settlements when they know that the victim’s lawyer has trial experience. Trial lawyers are not afraid to take the case to court if necessary, which increases the insurance company’s potential liability.

A lawyer who is ready to litigate sends a clear message to the insurance company: they cannot pressure the victim into accepting a lowball offer.

Trial Lawyers Are Prepared for Complex Cases

Serious injury cases, such as those involving traumatic brain injuries or paralysis, are often more complex and require expert testimony, detailed evidence, and a thorough understanding of the legal system.

Trial lawyers build their cases with litigation in mind from the very beginning, ensuring that they gather all necessary evidence and are prepared to present a strong case in court if settlement negotiations fail.

Get the Help You Need After a Lyft or Uber Accident in Denver

Being injured in an Uber or Lyft accident can be overwhelming, but you don’t have to face the aftermath alone. If you’re dealing with medical bills, lost wages or income, and the emotional toll of a Lyft or Uber accident, sometimes insurance will not compensate you fully and fairly for your injuries. 

At Fuicelli and Lee, our Lyft and Uber accident attorneys are prepared to sue the rideshare giants when their settlement offers or insurance limits fail to cover our clients’ needs. We can evaluate your case to determine what course of action may work best for your case, including whether you are eligible to file a Lyft or Uber accident lawsuit.

Our dedication to our clients is reflected in our history of obtaining successful results and our outstanding client satisfaction. Helping clients through what may be one of the darkest times of their lives is what drives us.  

Call Fuicelli & Lee today at (303) 444-4444 or use our simple online contact form to request a free, no-obligation consultation with one of our experienced and compassionate rideshare accident lawyers.

Schedule a Free Consultation Today!