Getting into an accident is a scary experience. They happen so quickly, so suddenly, and yet they can leave you dealing with injuries that cause you pain and discomfort for the rest of your life.
Car and truck accidents are already complicated enough, but these days we also have rideshare accidents to deal with. These are accidents that involve a driver working for a company like Uber or Lyft. They’re similar to taxis but different in some major ways that leave people wondering what kind of compensation they can get for their rideshare accident.
Winning a rideshare injury claim in California will require some evidence. After all, the courts aim to represent the truth of a matter to the best of their ability and so they require some evidence that proves a claim, rather than just taking the injured party on their word. This is great if you’re the party defending itself from a claim, but frustrating when you’re trying to show how somebody else’s negligence caused your injury.
That’s why we’re going to be looking at evidence today. We’ll start with what evidence is helpful should you be a passenger involved in a ridesharing accident. Next, we’ll look at the same question but from the perspective of another driver or even a pedestrian that is involved in a ridesharing accident. Finally, we’ll look at how negligence plays into determining liability in regards to a ridesharing accident.
What Evidence Should I Collect As a Passenger Involved in a Ridesharing Accident?
It is critical that you get as much documentation as possible following a ridesharing accident. As a passenger, the first place that you should start is with your phone.
The moment that you get into an accident, if you have the physical capability to do so, open up the app of the ridesharing service you were using and take a screenshot of the information displayed. Doing this will give you evidence of where you were at the time of the accident but most importantly it will show what stage of the ride the accident occurred during. This is important because there are different liability concerns depending on what stage of the ride the accident happened during.
Despite being a passenger, it is important to exchange information with the drivers involved in the accident. This means getting your rideshare driver’s information, but also the information for any other drivers involved.
Seeking medical treatment is also important, as it gives you professional documentation of your injuries. However, you should also keep photos and journal entries about your injuries and the recovery process.
Also remember to report the accident to the ridesharing company, which can typically be done through their app.
What Evidence Should I Collect If I’m Hit By a Ridesharing Vehicle?
If you have been in an accident involving a ridesharing vehicle, that you weren’t a passenger in, then there is a little less evidence that you can collect from the scene. You won’t be able to get any information for the ridesharing service’s app, as you weren’t involved in making use of the service.
However, what you can do is gather information and evidence in the same manner that you would any other accident. If you are seriously injured, start by seeking medical help. Remember, this gives you a record of your injuries but you should also take it upon yourself to track your recovery.
If you are physically able to, start taking photos at the scene of the accident. Try to get as much detail as possible. Remember, it’s always better to have too many photos of an accident than not enough.
Next, start talking to those around the accident. Exchange information with the drivers involved, get the contact information from any witnesses that saw the accident go down. Make sure that you reach out to the reporting law enforcement officer and obtain a copy of the police report as soon as it is available.
But also remember, your health comes first. If you aren’t in the position to carry out this evidence gathering, then don’t push yourself to do so. It is far more important for you to ensure that you are in no medical danger than it is to get this evidence. As much as it will help, your attorney will conduct their own investigation themselves to try to gather any information you missed.
How is Liability Determined After a Ridesharing Accident?
There are a number of different insurance policies which could be at play in your accident. With Uber, for example, they have three different insurance coverage periods. The first is when the Uber app is on and you’re waiting for a ride question; the second is when you’re waiting for the driver; and the third is when you are sitting in the ride. Depending on which period the accident occurred in will determine how much money is on the table.
But this only affects those who are using the ridesharing accident. For those who are involved in a ridesharing accident but aren’t making use of the service, the process will look very similar to any car accident.
In order to win your claim, you need to show that negligence was involved in the accident. This is a legal term that means the person that injured you failed to live up to a standard duty of care that they owed you. For example, if the driver was too busy looking at their app instead of the road then they drove their car in a negligent manner. That an accident occurred is unsurprising. If the injuries can be tied to that accident and that accident can be tied to the negligence then you have a claim that you can win.
What Should I Do If I’ve Been in a Rideshare Accident?
If you can gather any of the evidence listed above, then doing so is a great first step. Your next step, following medical treatment, should be to reach out to an attorney like those at The Accident Network Law Group. An attorney will be able to walk you through each step of the legal process, from gathering evidence and speaking with witnesses to facing those that injured you in a court of law. Reach out to The Accident Network Law Group today so you can get compensation for your rideshare injury claim in California.