What You Need to Know
Rideshare services such as Uber and Lyft have revolutionized our commute, providing a convenient and affordable alternative to traditional taxis. However, with the growing popularity of rideshare services comes an increase in rideshare accidents.
If you're involved in a rideshare accident, knowing your legal options and how liability is determined in Pennsylvania is important. This blog post will help you understand the basics of liability in rideshare accidents and how a personal injury lawyer can help you navigate the legal system.
Liability in Rideshare Accidents
Determining liability in rideshare accidents can be complex due to the involvement of multiple parties. The driver, rideshare company, other drivers, and even pedestrians may all play a role in causing an accident. Liability will depend on the specific circumstances of the accident, including who was at fault and the extent of damages incurred.
In addition to the above, here are some other factors that may affect liability in a rideshare accident:
- The actions of the other driver/s involved in the accident.
- The laws of the state and/or city where the accident occurred.
- The terms of the rideshare company's insurance policy.
Uber and Lyft provide insurance coverage for their drivers, but the type and amount of coverage may vary depending on the situation. Additionally, if a driver is logged into the rideshare app but has yet to accept a ride, the driver's personal insurance policy may apply. If a driver has accepted a ride or is actively transporting a passenger, the rideshare company's insurance policy will generally apply.
PA Insurance Requirements for Rideshare Companies
When a rideshare driver is logged into the app and is available to accept rides, they are considered to be on duty. In Pennsylvania, rideshare companies must carry $500,000 per person and $100,000 per incident for death and bodily injury, and $25,000 for property damage in liability insurance for accidents involving their drivers while they are engaged with a prearranged ride.
For more information regarding rideshare insurance requirements in Pennsylvania, review §57A07.
Comparative Negligence in PA
Pennsylvania follows a comparative negligence system when it comes to personal injury cases. Comparative negligence means that when multiple parties are at fault for an accident, liability is apportioned among them based on their percentage of fault. This means that even if a plaintiff was partially responsible for their own injuries, they may still be able to recover damages from other parties who were also at fault.
However, Pennsylvania follows what is often called a 51% method of comparative negligence (§ 7102) or modified comparative negligence. This means that if a plaintiff is found to be liable for 51% or more of the accident, they cannot collect compensation. Additionally, the amount of damages a plaintiff can recover will be reduced by their percentage of fault. For example, if a plaintiff is found to be 20% at fault for an accident and the damages are $100,000, they would only be able to recover $80,000.
Comparative negligence can be complex, and it's important to consult with a personal injury lawyer to understand how it may affect your case.
Protecting Your Rights After a Rideshare Accident
In the unfortunate event of being involved in a rideshare accident, it is crucial to seek legal advice promptly. A personal injury attorney can offer guidance to navigate the legal process and safeguard your rights. Additionally, they can assist in recovering damages, including medical expenses, lost wages, and emotional distress.
Furthermore, a personal injury lawyer can negotiate with insurance companies to help you seek a just settlement. Too many times, we have seen insurance companies attempt to belittle the extent of a client's injuries or shift blame to minimize their payout. At Golomb Legal, P.C., our personal injury lawyers are ready to help you build a strong case and fight for you to receive the rightful compensation you deserve.