Rideshare companies such as Lyft and Uber provide a convenient and relatively affordable way for customers to hire drivers for short trips throughout Hot Springs and Central Arkansas. When rideshare accidents occur, victims can suffer serious injuries. Recovering compensation after a rideshare accident can be challenging, especially when determining who is liable for your injuries.
If you or a loved one has been in a rideshare accident in Hot Springs or the surrounding areas, you will benefit from working with an experienced attorney. The personal injury attorneys at Rochelle McCullough LLP regularly handle rideshare accident cases throughout Arkansas. Immediately contacting an attorney who deals with these types of cases can help you gather evidence, determine who is at fault, and pursue a claim for the most compensation possible.
Who Is Liable for My Injuries?
Under Arkansas’s modified comparative fault system, when individuals become injured in accidents caused by other people’s negligence, they can pursue monetary damages through a personal liability lawsuit as long as they are less than 50% at fault. Another option for recovering compensation is to pursue an insurance claim with the at-fault driver’s auto insurance provider. In both cases, the victim will need to prove liability. Liability means that the individual or business is at fault for another person’s injuries caused by their negligence, recklessness, or intentional actions.
Pursuing a Claim Against Uber or Lyft
Speaking to an attorney as soon as possible is always important, especially if you’ve been injured in an accident involving a rideshare driver on busy Hot Springs routes like Central Avenue or Malvern Avenue. The legal landscape around rideshare accidents in Arkansas is complex and often confusing.
However, rideshare companies frequently claim that their drivers are not considered employees, making it difficult to sue the rideshare company directly. Under Arkansas law, drivers are typically considered independent contractors rather than employees. It’s difficult to hold companies liable for the actions of their independent contractors because they are technically self-employed.
Mandatory Arbitration After a Rideshare Accident
When customers use a rideshare app to request a ride, they must use it and agree to pay the fare. They also need to enter into a contract with the company. There may be a text box that pops up and a button the customer clicks stating that they agree to the terms of service. Customers may not know they have agreed to an arbitration clause and forfeited their right to sue the rideshare company if they suffer injuries while traveling in the driver’s vehicle.
If you’ve been injured and are pursuing a claim, you may have been told that you must attend arbitration outside of court. In this case, it’s important you speak to an attorney. Some arbitration clauses are not legally enforceable. At Rochelle McCullough LLP, we will carefully review the facts of your case and attempt to find a strategic option for pursuing compensation.
The Insurance Policies of Uber and Lyft
Uber and Lyft provide insurance coverage for passengers injured in an accident caused by their drivers in Arkansas. However, the coverage depends on when the accident occurred during the rideshare. If the driver wasn’t logged in to Uber or Lyft when the accident happened, the driver’s personal auto insurance will cover any losses. Under Arkansas law, drivers must carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury, which may be insufficient for serious injuries.
When a driver logs into the app and waits to accept a ride from a customer, the rideshare company’s insurance provides limited coverage if the driver is at fault. The coverage amounts are typically $50,000 for bodily injury per person, $100,000 per accident, and $25,000 for property damage.
Uber and Lyft’s full coverage applies when a driver has accepted a customer’s ride. The policies provide $1 million of third-party liability coverage for injury, death, and property damage to passengers and others injured in an accident when the accident was the rideshare driver’s fault. They also provide coverage if the third-party at-fault driver’s insurance is insufficient.
Pursuing Damages from a Third-Party
If you are an Uber driver or passenger and you’ve been injured in a collision caused by another driver in the Hot Springs area, you can pursue damages from the negligent driver. For example, if a driver were intoxicated and caused an accident near Lake Hamilton, the rideshare driver and passenger would have the right to pursue a personal injury lawsuit against them. Uber or Lyft’s insurance policy would also provide coverage if the at-fault driver were underinsured or uninsured.
If another third party caused the car accident, victims can pursue damages from them. For example, suppose a vehicle manufacturer defectively designed a vehicle component, resulting in an accident. In that case, all injured victims could pursue compensation from the manufacturer under Arkansas product liability laws.
Damages Available through a Rideshare Accident Claim in Arkansas
Our attorneys have extensive experience negotiating with insurance companies and at-fault parties to pursue a favorable outcome for our clients. In addition to recovering damages for the pain and suffering you endured because of your injuries, you can also pursue economic damages under Arkansas law.
Victims can seek compensation for their past and future medical bills, including hospital stays, rehabilitation, therapy, home care, durable medical equipment, and other medical expenses. They can also pursue compensation for property damage, such as damage to their vehicle and lost income. When victims experience severe injuries leading to disability and they can no longer work, they can pursue compensation for their loss of future earning capacity.
Contact a Rideshare Accident Attorney in Hot Springs
If you’ve been hurt in a crash involving a rideshare vehicle in Hot Springs or anywhere in Central Arkansas, remember that Arkansas has a three-year statute of limitations to pursue compensation for your injuries. Don’t hesitate to contact Rochelle McCullough LLP to schedule a case evaluation and learn how we can fight for you and your rights.
We extend our personal injury legal services to help clients throughout Texas, including Dallas, & Fort Worth, as well as in Hot Springs, Arkansas. Committed to advocating for your rights and securing the compensation you deserve.