If you or a loved one recently got involved in a rideshare accident in South Carolina, you may be eligible to file a personal injury lawsuit to potentially recover your losses. Rideshare accidents can involve multiple parties, so you may also be able to pursue compensation from multiple parties.
A Mount Pleasant Uber and Lyft rideshare accident lawyer may be able to help you build your case. Just reach out to us and one of our team members at George Sink, P.A. Injury Lawyers can review the details of your case. We will advise you on your legal options and help you decide which route to take.
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Multiple Parties May Be Liable in an Uber or Lyft Rideshare Accident
Car accidents that involve a rideshare driver pose an interesting question about who may be held liable. Rideshare apps introduced the concept of contractor drivers who could log onto a digital app and serve as a form of taxi driver during hours of their choosing. However, rideshare drivers and companies are not taxi companies.
New laws had to be made to adjust to the introduction of apps like Uber and Lyft so liability can be assigned in car accident cases. This can make this area of the law confusing, especially if you’ve been in an accident and you aren’t sure who to file a claim against.
Transportation Network Company Laws
Companies like Uber and Lyft are considered Transportation Network Companies (TNCs). Rideshare laws reflect the nuanced nature of using rideshare apps, and so liability may shift based on when a TNC driver is officially logged on and actively using a rideshare app.
In South Carolina, per S.C. Ann. § 58-23-1625, the law dictates that rideshare drivers shall be excluded from using their personal automobile insurance if they get into an accident while working. S.C. Ann. § 58-23-1630 requires TNC drivers to maintain primary insurance in the event that they get into an accident when they are not working.
For drivers to be compensated for accidents by their TNC employer, they must be able to prove that during the time of the accident, they were doing at least one of the following:
- Logged on to the rideshare app and waiting for a prearranged ride
- Transporting someone in a prearranged ride
- Heading to a pick-up location to transport someone in a prearranged ride
- Dropping off someone at their destination, completing a prearranged ride
If a rideshare driver gets into an accident while logged in on the app, the rideshare company may be held liable for covering damages with their insurance policy. TNC vehicles are also required to have routine safety inspections to ensure maintenance is adequate.
Insurance Coverage Comes From the Liable Party
If you or a loved one got involved in a ridesharing accident—whether as a passenger, separate driver, pedestrian, or bicyclist—there may be other parties involved who could be held liable for your injuries. These parties include:
- The Uber or Lyft driver
- The rideshare company
- A third-party driver
- A third-party driver’s company, e.g., trucking company
- A vehicle parts manufacturer
- A vehicle maintenance company
Your lawyer can observe your case or send their team to investigate further details about your accident to determine who may be at fault. This may require additional evidence to be brought in, such as photo and video footage, eyewitness testimonies, and police reports.
When it comes to who will pay for the damages, both Uber’s insurance and Lyft’s insurance have similar insurance policies that focus on when the driver is actively participating with the app. Generally, both policies state:
- If the driver is logged off the app, their personal auto insurance will cover your damages
- If the driver is logged onto the app but waiting for a ride, the driver’s personal insurance or the company’s insurance may apply
- If the driver was engaged in a prearranged ride in some way, the rideshare company’s insurance will cover damages
If a third party is involved, you may be eligible to file a separate personal injury lawsuit against that party to cover your damages.
Rideshare companies and their insurance companies may try to deny fault after a rideshare accident, which might feel like an uphill battle to fight against. If you believe an Uber or Lyft rideshare driver might be responsible for your car accident injuries, call George Sink, P.A. Injury Lawyers to begin building a personal injury case.
You can enlist the help of a Mount Pleasant Uber and Lyft rideshare accident attorney to help you stand your ground and fight for the compensation you may be entitled to collect. Our legal team is ready to support you, so do not worry about going through the legal process alone.
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You Can File a Personal Injury Lawsuit Against a Rideshare Driver or Company
If you file a personal injury lawsuit against a rideshare driver or company, you may be able to win compensation to cover your damages, such as:
- Medical expenses for treating your injuries
- Lost income if your injuries prevented you from going to work
- Reduced earning capacity if your injuries limit your ability to work
- Property damage
- Pain and suffering
- Wrongful death if the accident led to the death of a loved one
Your lawyer may suggest other damages to pursue based on the circumstances of your case.
Statute of Limitations
Personal injury lawsuits must be filed before the statutory deadline, which is generally three years after the date of the accident in South Carolina, according to S.C. Ann. 15-3-530. If you do not file your lawsuit before the deadline, you may lose your right to compensation.
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Call George Sink, P.A. Injury Lawyers About Your Uber or Lyft Accident
Passengers, drivers, pedestrians, and bicyclists are all potential victims of an Uber or Lyft accident if the rideshare driver acts negligently on the road. Determining liability in an Uber or Lyft rideshare accident can be complicated since rideshare laws do factor in when the driver logs into the app for work.
If you are not sure whom to pursue compensation from, you can hire a Mount Pleasant Uber and Lyft rideshare accident lawyer to evaluate your case. Read our testimonials to learn more about what we have done for our clients. We are eager to help you win your claim.
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