Charleston Uber and Lyft Accident Lawyers

Many residents and visitors in Charleston, South Carolina use ridesharing services like Uber and Lyft for easy transportation. However, as with taxis, public transportation options, and other commute options, Uber and Lyft vehicles are prone to accidents. To make matters worse, you may not know the next legal steps to claim compensation for any injuries or damages you sustain.

Our Charleston Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC have years of experience helping clients recover what they deserve from rideshare accidents. Contact us today to learn more.

What Should You Do Immediately After an Uber or Lyft Accident in Charleston?

If you are involved in a Charleston Uber or Lyft accident, depending on the crash’s severity, prioritize your health and safety first. If the collision caused you to jerk forward in your seat, you may have sustained some internal damage, like whiplash. Call 911 to request medical attention as soon as you can.

When calling 911, make sure to report the accident to the police as well. South Carolina law requires that car accidents involving bodily injury, death, or property damage exceeding $1,000 be reported to the police. Even if the damage is below this threshold, it is advisable to report the accident if you intend to seek compensation later. Documenting the incident with law enforcement can strengthen your case and provide necessary evidence for any claims you may file.

Document the accident by taking pictures of the collision, the make, model, and license plate number of your rideshare vehicle and other cars involved, and document your experiences on a notepad or voice memo. You will also need to report the incident to Uber or Lyft through their app.

Who Is Liable in an Uber or Lyft Accident?

Unfortunately, filing a claim or personal injury lawsuit in a rideshare accident can present more challenges than a claim against a private driver. Uber and Lyft employ their drivers as independent contractors, meaning liability for a collision often falls upon the drivers.

However, these rideshare companies offer their drivers coverage, depending on their activity at the time of the accident. If the collision happened during an active ride or pickup request, Uber and Lyft may offer up to $1 million in liability insurance for their drivers, and a part of that would be if the driver were looking for a ride request.

Unfortunately, if the driver had the app turned off during the collision, Uber and Lyft would not cover them. However, you can file a claim against the rideshare companies in certain cases. For instance, you could hold the company liable if you prove that Uber or Lyft exercised negligent behavior in hiring their driver.

You may also be able to hold the relevant car manufacturer liable if you determine that a vehicle malfunction caused your collision. In all these cases, however, you will likely need the assistance of a forensic investigator and car accident attorney to guide you through the process and collect the evidence you need.

What Are the Legal Challenges of Uber and Lyft Accident Claims?

Uber and Lyft employ a host of powerful attorneys and affluent insurance providers to help protect them from financial liabilities. Additionally, when a rideshare driver gets into an accident, their insurance, the rideshare company’s insurance, and the insurance of other parties involved can all trigger—and each of these companies will try and deflect the liability away from themselves.

Another issue that can arise is the complexity of South Carolina’s insurance laws, particularly regarding rideshare accident lawsuits. South Carolina law follows a “modified comparative negligence” system, with the idea that plaintiffs should only be able to collect compensation if they bear less responsibility than the defendant for their injuries.

If a jury determines that you were less than 51% at fault for your collision, you can collect compensation in a personal injury lawsuit. However, the court will lower your compensation for the percentage amount that you were at fault. So, if a judge determines that you were 10% at fault for the collision, you will collect 10% less in compensation.

Additionally, you need to file your personal injury lawsuit in a timely manner. South Carolina imposes a three-year time limit for you to file a lawsuit to cover any damages that resulted from your collision. This statute of limitations ensures that relevant evidence and witness testimony remain fresh.

Claim What You Deserve With the Charleston Uber and Lyft Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

Because of all the companies, insurance providers, and potential parties involved in rideshare accidents, filing an insurance claim or personal injury lawsuit may feel more overwhelming than you might anticipate. If you need help, contact the Charleston Uber and Lyft accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. Call us at 843-727-6500 or fill out our online form for a free consultation. Our offices are in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.