Rideshare Accident Attorney in Plymouth, Michigan

Rideshare services like Uber and Lyft have transformed the transportation industry, offering convenient, on-demand transportation options. However, the rise in rideshare use has also led to a growing number of rideshare-related accidents. If you’re involved in a rideshare accident in Michigan, understanding the nuances of personal injury law and how it applies to these incidents is crucial for pursuing compensation and protecting your rights.

What Are Rideshare Accidents?

Rideshare accidents happen when a vehicle operating under a rideshare service such as Uber or Lyft is involved in a collision. These accidents can involve a variety of parties, including the rideshare driver, who is the person working for the rideshare company; passengers, who are the individuals being transported by the rideshare vehicle; other drivers, who are motorists not affiliated with the rideshare service; and pedestrians, who are individuals on foot that might be injured in the accident.

Common Causes of Rideshare Accidents

Rideshare accidents can be caused by many factors, including:

• Driver Distraction: Rideshare drivers may be distracted by their smartphone app, navigation systems, or passenger interactions.

• Driver Fatigue: Long hours or multiple consecutive rides can lead to driver fatigue and reduced attention.

• Reckless Driving: Speeding, aggressive driving, and other reckless behaviors can result in accidents.

• Poor Road Conditions: Issues like potholes, wet roads, or inadequate signage can contribute to accidents.

• Mechanical Failures: Malfunctions or defects in the rideshare vehicle can lead to collisions.

Michigan’s No-Fault Insurance System

Michigan operates under a no-fault insurance system, which affects how personal injury claims are handled. Key features of this system include:

• Personal Injury Protection (PIP): Provides coverage for medical expenses, lost wages, and other damages regardless of fault. PIP coverage applies to drivers, passengers, and pedestrians injured in an accident.

• No-Fault Benefits: In Michigan, PIP benefits are available to all individuals injured in an accident, regardless of who was at fault. This includes coverage for reasonable and necessary medical expenses, lost wages, and replacement services.

Rideshare Insurance Coverage

Rideshare companies like Uber and Lyft have specific insurance policies that provide coverage during different phases of a ride:

• App Off: When the rideshare driver’s app is off, personal auto insurance covers the driver, which may be limited in terms of coverage and limits.

• App On, Waiting for Ride Request: Rideshare companies provide liability coverage for the driver while they're online and waiting for a ride request. This coverage typically includes a minimum of $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.

• App On, During a Ride: When the driver is en route to pick up or transporting a passenger, rideshare companies offer higher liability coverage. This generally includes $1 million in liability coverage for bodily injury and property damage, as well as uninsured/underinsured motorist coverage.

Liability and Fault in Rideshare Accidents

Determining liability in rideshare accidents involves assessing fault and negligence:

• Driver Negligence: If the rideshare driver was negligent, such as through distracted or reckless driving, they may be held liable for the accident.

• Other Driver’s Negligence: If another driver caused the accident, they may be liable, and the rideshare company’s insurance may cover damages.

• Shared Liability: In some cases, multiple parties may share liability, requiring coordination between insurance companies and legal representation.

Steps to Take After a Rideshare Accident

Determine Safety and Seek Medical Attention

Determine if everyone involved in the accident is safe and seek medical attention for any injuries. Contact law enforcement to report the accident and obtain an accident report, which can be crucial for legal and insurance purposes.

Document the Accident

Collect essential information by gathering names, contact details, and insurance information from everyone involved, including the rideshare driver and any other drivers. Photograph the accident scene, vehicle damage, and any visible injuries, as this evidence can support your claim. Additionally, if there are witnesses to the accident, obtain their contact information and statements regarding what they observed.

Report the Accident

Report the accident to the rideshare company as soon as possible. Both Uber and Lyft have specific procedures for handling accidents involving their drivers. Contact your insurance company and the rideshare company’s insurance provider to file a claim. Provide all relevant documentation and information about the accident.

Consult With a Rideshare Accident Attorney

Consult with an attorney experienced in personal injury and rideshare accidents to understand your rights and options for pursuing compensation. A rideshare accident attorney can help assess the value of your claim, including medical expenses, lost wages, and pain and suffering.

Legal Considerations and Challenges

Insurance Coverage Disputes

Disputes may arise regarding which insurance policy is applicable and the extent of coverage. Insurance policies have limits on coverage amounts, which may not fully cover the damages. Negotiating with insurance companies and understanding coverage limits are essential. Insurance companies may deny claims or offer inadequate settlements. Legal representation can help address these issues and negotiate a fair resolution.

Proving Negligence

To successfully pursue a personal injury claim, you must establish negligence:

• Standard of Care: Demonstrate that the rideshare driver or another party failed to meet the standard of care expected of a reasonable driver.

• Causation: Prove that the negligence directly caused the accident and resulting injuries.

• Damages: Provide evidence of the damages incurred, including medical expenses, lost wages, and other losses.

Comparative Fault

Michigan follows a comparative fault system, which means:

• Percentage of Fault: If you're partially at fault for the accident, your compensation may be reduced by the percentage of fault attributed to you.

• Impact on Claims: Understanding how comparative fault applies to your case is important for accurately assessing potential compensation.

Types of Compensation in Rideshare Accident Claims

Economic Damages

Compensation for an accident can cover various aspects, including medical expenses for bills related to hospital stays, surgeries, rehabilitation, and ongoing care. Additionally, it can address lost wages resulting from an inability to work due to the accident. Property damage compensation is also available to cover repairs or replacement costs for your vehicle or any other property damaged in the incident.

Non-Economic Damages

Compensation for an accident may include damages for pain and suffering, which covers both physical pain and emotional distress caused by the injuries. Additionally, it can address the loss of enjoyment of life, compensating for the diminished ability to engage in activities and experiences that were previously enjoyable due to the impact of the injuries.

Punitive Damages

Punitive damages may be awarded in cases of extreme negligence or reckless behavior to punish the wrongdoer and deter similar conduct in the future. These damages are less common and require a showing of particularly egregious behavior.

Preventive Measures and Best Practices

For Rideshare Drivers

Avoid distractions and remain attentive while driving. Follow all traffic regulations and drive safely to reduce the risk of accidents. Regularly inspect and maintain your vehicle to make sure it's in good working condition.

For Rideshare Passengers

Confirm the identity of the rideshare driver and verify the vehicle before entering. Always wear a seatbelt while riding in a vehicle to reduce the risk of injury in an accident. Report any safety concerns or incidents to the rideshare company promptly.