new orleans’ premier
personal injury lawyer
Getting into a rideshare vehicle should not end with getting into an ambulance. However, Uber and Lyft drivers are people just like other drivers. They can make the same mistakes and lapses in judgment that result in preventable car accidents.
As the passenger in a ridesharing vehicle, what should you do after an accident? Contact the New Orleans Uber and Lyft accident lawyers at the Law Office of John W. Redmann, LLC. We will help you with your accident case from start to finish.
Table of Contents
According to a study conducted by the University of Pennsylvania, rideshare companies like Uber and Lyft have provided more than two billion rides since they rose to popularity in 2010. With this many Uber and Lyft drivers on the roads, it is no surprise that the number of motor vehicle accidents involving Uber and Lyft drivers has steadily increased.
People who have been involved in Uber and Lyft accidents in New Orleans have experienced traumatic injuries. Some of the more common types of injuries we have seen in New Orleans Uber and Lyft accident cases include:
These are just a few of the more common types of injuries we have seen in New Orleans Uber and Lyft accidents. If you have suffered another type of injury that was not listed above, you may still be entitled to financial compensation. Reach out to our legal team to further discuss your legal options for financial recovery today.
Rideshare accidents are different from standard traffic accidents. Instead of dealing with two individual drivers, you are dealing with a driver, a rideshare company, a passenger, and potentially a third party. After an Uber or Lyft accident, here is what you need to do to protect your rights and pursue damage recovery in New Orleans:
The sooner you get in touch with a New Orleans Uber and Lyft accident attorney, the sooner you can learn your rights. It may surprise you to discover that you’re potentially eligible for thousands of dollars in recovery for your injuries, lost wages, property damage, and other losses. Our personal injury law firm encourages clients to contact us as soon possible after any type of rideshare accident. That way, you will speak to someone with your best interests in mind before talking to insurance companies.
If you hope to be awarded maximum compensation for the suffering you endured in your New Orleans Uber or Lyft accident, your attorney will need to figure out who is responsible for causing your accident. There are many different parties who can share blame for causing your Uber or Lyft accident injuries. First, let’s take a closer look at negligent driving.
Negligent driving is one of the most common causes of any type of motor vehicle accident. Here, your Uber or Lyft driver could have been driving irresponsibly or another motorist could have been driving recklessly. Some examples of negligent driving could include:
There is also the risk that you could be seriously injured in a Lyft or Uber accident with an uninsured motorist. But negligent drivers are not the only cause of Uber or Lyft Accidents. In fact, there are many parties other than your rideshare driver who could share blame for the injuries you sustained.
For example, maybe the roadways were unsafe in some way. If an unsecured road construction zone, an unfilled pothole, or another roadway hazard caused your Uber or Lyft accident, then the government agency responsible for maintaining the safety and integrity of the roads could share fault for your injuries.
But negligent drivers are not the only cause of Uber or Lyft accidents. In fact, there are many parties other than your rideshare driver who could share blame for the injuries you sustained. For example, maybe the roadways were unsafe in some way. If an unsecured road construction zone, an unfilled pothole, or another roadway hazard caused your Uber or Lyft accident, then the government agency responsible for maintaining the safety and integrity of the roads could share fault for your injuries.
There is also the strong possibility that a part on any of the involved vehicles malfunctioned in some way. If this happens, there are many different parties who could be found culpable for your injuries, such as:
In order for your Uber and Lyft accident attorney to determine who should be ordered to compensate you for your suffering, we may need to open up a thorough investigation into the details of your case.
There are many different ways that victims of New Orleans Uber and Lyft accidents can be compensated. Your attorney will carefully examine the details of your case in order to determine which legal options may be most appropriate for your case.
Do not be surprised if your lawyer will need to go down multiple avenues of financial recovery in order to maximize your payout. Here is more about filing rideshare insurance claims and pursuing Lyft and Uber accident claims in civil court.
Louisiana is a fault state for car accident and insurance purposes. This means that when you are seriously injured in a car accident of any kind, you will need to file a claim with the at-fault drivers insurance provider. When you are dealing with a Lyft or Uber driver, the process for filing an insurance claim can become quite complex, as Lyft and Uber driver’s are considered independent contractors.
Ridesharing services do not cover their drivers twenty-four hours per day, seven days per week. In fact, there are only specific times in which the rideshare company’s insurance coverage, including liability coverage, is in effect. The only time that Uber or Lyft‘s million dollar auto insurance policies will take effect, including:
Once a driver is no longer in driver mode and effectively working for Uber or Lyft, the rideshare company’s auto insurance policy is no longer active. At this time, the drivers on auto insurance policy, including their own liability coverage should be in effect. The state of Louisiana requires all drivers to carry their own auto insurance policies. This should protect you in the event of an accident.
The insurance company is likely to fight back every step of the way. Do not be surprised if the insurance company attempts to place unwarranted fault on you or otherwise tries to deny you the compensation that is rightfully yours. Furthermore, the insurance company may only be required to compensate you for certain types of losses such as the cost of repairing or replacing damaged property and any medical bills you might have incurred.
Remaining losses you have suffered and any other damages that you cannot recover from the insurance company will need to be sought after in another way. If you have questions or concerns regarding the insurance claims process for Uber or Lyft accident cases, be sure to contact our personal injury attorneys for more information.
The other way that you can go about recovering maximum compensation for your suffering is by filing a claim in civil court. You may need to pursue a lawsuit in civil court in a number of different circumstances.
The first is if the Uber or Lyft driver in question is not covered by their own insurance policy. If this happens, you are unable to file a claim through the insurance company, and must therefore seek the compensation that you deserve through the civil court system.
Even in cases where you can be awarded compensation through the insurance company, the insurance settlement may not fully cover your losses. As previously mentioned, insurance settlements often only provide compensation for specific types of economic, or financial, losses.
But you have the right to be compensated for all of the ways that your life has been turned upside down for your injuries. If you hope to recover compensation for these types of damages, going to court may be your best option.
When you have suffered critical Injuries in an Uber or Lyft accident in New Orleans, it is critical that you take action to pursue your case as soon as possible. This is because the statute of limitations for Louisiana personal injury claims is only one year.
If you fail to bring your case to court before the statute of limitations expires, then the judge will have no other choice but to dismiss your case. This means that you will no longer have the opportunity to be awarded compensation through the civil court system. Fortunately, as soon as you reach out to an attorney for help, you will have a better understanding of when these critical deadlines are so they do not become an issue in your case.
Many people who have been seriously injured in Uber or Lyft accidents may be hesitant to contact an attorney because they are afraid accidents sharing fault for their injuries prevents them from being able to collect compensation.
But Louisiana is a pure comparative negligence state. This means that if you are found to share fault for the injuries that you sustained in your Uber or Lyft accident, you can still collect compensation for your damages. However, you can expect your injury settlement to be reduced in proportion to your portion of fault. Let’s look at an example:
Jimmy was traveling in the back of an Uber when the Uber was T-boned. When Jimmy brought his case to court, it was discovered that he was not wearing his seatbelt at the time of the accident. For this reason, the judge found him to be ten percent at fault for the injuries he sustained. The jury awarded him $200,000 for his damages. But because he was ten percent at fault for his injuries, his $200,000 award was reduced by ten percent and Jimmy’s case was resolved at a final amount of $180,000.
If you have concerns surrounding how your Uber or Lyft accident case could be affected by shared fault, contact your attorney as soon as possible to find out.
After suffering catastrophic injuries in an Uber or Lyft accident, it is natural to want to know how much you could be awarded if you were to win your case. You do not want to have to put in additional time, effort, and energy to only be let down in the end. In order to get a better idea of how much your case could be worse, you need to have an understanding of how your attorney calculates the value of your claim.
The various ways that your life has been affected by your injuries are often broken up in two separate categories. These include economic and non-economic damages. Economic damages have a fixed monetary value. These are the types of losses that you might most frequently think of when you are considering how much your case might be worth.
For example, you might have a mountain of medical bills that need to be paid. Or perhaps you have gotten behind on your rent or mortgage payments because you are unable to earn a living. Not to mention the lost wages and diminished earning potential you have endured due to the extent of your injuries.
These are just a few of the more common types of economic damages that you could be awarded in your case. It is easier for your attorney to figure out how much your economic damages are worth because they have a fixed monetary value. The same cannot be said for your non-economic damages.
Non-economic damages do not have a monetary value. But in order for you to be compensated for them, your attorney will need to figure out how much they are worth. Non-economic damages encompass all of the ways that your life has been affected by your Uber or Lyft accident that do not involve money.
You might have experienced damaged relationships with your friends and family, devastating physical scarring, emotional turmoil, diminished quality of life, and other various non-economic damages. Every person will experience these losses in a different way, if at all. You will need to discuss your losses and great detail with your attorney in order to ensure that their value is accurately assessed.
There is another type of way that you could be compensated in your Uber or Lyft accident. This involves punitive damages. Here, the court may award punitive damages if they find that the actions of the liable party are egregious or abhorrent in nature.
Punitive damages are designed to send a message. They are designed to punish the liable party for these reprehensible acts. Although they are awarded infrequently, such an award could dramatically increase the amount of your total injury settlement.
Accident cases involving Uber, Lyft, and other rideshare companies can be difficult to negotiate as a victim. You might be nursing serious personal injuries, communicating with Uber/Lyft insurance claims adjusters, dealing with hospital bills and lost wages, and at a loss as to what to do next. Do not take on your case alone. Contact the Law Office of John W. Redmann, L.L.C. to speak to a New Orleans Uber or and Lyft accident attorney who truly cares about you, your livelihood, and your future.
Our experienced personal injury lawyers will jump right in on your case, investigating the rideshare accident and gathering important documents such as medical records and eyewitness statements. We will help you negotiate a claim with Uber or Lyft’s insurance carrier, fighting for fair recovery. If necessary, we will take your case to trial in pursuit of full compensation. We have everything you need for a successful Uber or Lyft lawsuit. Our New Orleans firm is proud to offer accident victims across the city a free consultation. Schedule yours today. You can reach us through our convenient contact form or by phone at (504) 500-5000.