Ridesharing is a term that is used to describe services such as Uber, Lyft, and others who provide transportation through the use of third-party mobile phone applications (apps). Rideshare services are largely seen as being easier to use than relying on public transportation schedules or attempting to hail a taxi cab.
Indiana, Kentucky, and Illinois all took steps to regulate ridesharing companies, often referred to as “transportation network companies” or TNCs. In 2014, the Kentucky Transportation Cabinet enacted emergency regulations to establish requirements for TNCs, The Illinois Transportation Network Providers Act under 625 Illinois Compiled Statutes (ILCS) 57/ became effective in June 2015, and Indiana Governor Mike Pence signed House Bill No. 1278 which amended the Indiana Code concerning insurance for TNCs in March 2016.
If you suffered catastrophic injuries or your loved one was killed in a rideshare accident in Indiana, Kentucky, or Illinois, be sure to contact a legal team that understands the particular laws and insurance policies that apply to these claims. Rideshare claims can be more complex than your average car crash, so you do not want to make the mistake of treating them like any other crash.
Chapman Injury Lawyers will fight to make sure that you get every dollar of compensation you are entitled to. Call (812) 461-6261 or contact us online to receive a free consultation with one of our knowledgeable rideshare accident lawyers today.
People could have a number of different rideshare accident claims, with some people having been passengers in rideshare vehicles while others may have been occupants in other automobiles involved in accidents. Some victims could also be pedestrians or bicyclists.
You need to understand that whether a driver was working for Uber, Lyft, or another TNC, that company is highly likely to deny any liability. Many rideshare companies will attempt to claim that their drivers are independent contractors to avoid liability.
You are going to want an attorney so you can have the best chance of recovering as much as compensation as possible. A lawyer is going to know precisely what your case is worth and can help you achieve a settlement that provides for far more than whatever lump sum settlement an insurance company might offer you.
Let an attorney handle all of your conversations with insurance companies. You do not want to provide any recorded statement to insurers, as your words will often be twisted to imply that you were somehow responsible for your own injuries and a lawyer can help you avoid common traps.
Attorney Neil Chapman has almost 25 years of legal experience. He is a member of the Evansville Bar Association and Indiana Trial Lawyers Association. Stephen Thomas is a member of the Kentucky Justice Association, Indiana Trial Lawyers Association, and Evansville Bar Association. He is licensed in Indiana, Illinois, and Kentucky.
Chapman Injury Lawyers will work towards a settlement that covers all of your past, present, and future needs. We will always prepare your case for your trial, even when a settlement seems imminent. Our firm will not charge you anything until you get a monetary award because we handle cases on a contingency fee basis. We understand that money is often a concern for many rideshare accident victims, and we want to reduce your level of stress so you can make a full recovery.
Indiana’s House Bill No. 1278 required ridesharing companies to be covered by a minimum $1 million liability insurance plan. The Illinois Transportation Network Providers Act requires drivers to have minimum liability insurance of $50,000 for death and personal injury per person, $100,000 for death and personal injury per incident, and $25,000 for property damage as well as a minimum $50,000 in uninsured and underinsured motorist coverage. Kentucky’s emergency regulations required drivers to submit to background checks, hold liability insurance coverage for both during and before picking up passengers, pay annual fees to renew applications, and perform yearly safety inspections.
Uber, Lyft, and many other TNCs tend to use insurance policies that tend to operate as follows:
While rideshare drivers are usually operating traditional passenger vehicles, the circumstances under which they are operating can be remarkably different. Drivers are attempting to pay attention to digital notifications and traffic maps while also seeking new passengers and trying to navigate city streets.
Rideshare accidents can be the result of many different kinds of driver negligence, with some of the most common causes, including:
It is also possible for a rideshare accident to stem from another violation of local traffic laws. It is essential to keep in mind that not all rideshare claims arise from motor vehicle accidents.
Some passengers in TNC vehicles can have claims when they were the victims of assaults or sex crimes committed by drivers. The family members of people killed in rideshare accidents also have the right to file a wrongful death lawsuit in many cases.
Uber Technologies Inc. is a San Francisco-based TNC now operating in 785 metropolitan areas worldwide. Lyft Inc. is also a San Francisco-based TNC operating in 640 cities in the United States as well as nine in Canada. Prices for both services are relatively the same and usually depend on the cities involved in a ride request. Uber uses surge pricing when ridership demands increases, and Lyft charges additional fees through Prime Time pricing.
While Lyft prices may double, Uber’s surge pricing has led to six- or seven-fold price increases. Uber offers a number of services that increases its range of vehicles, with UberPOOL being the cheapest option, UberX providing an everyday vehicle with seating up to four people, UberXL providing an SUV capable of seating six people, UberSELECT is a luxury sedan, UberBLACK being a high-end luxury vehicle, and UberSUV providing a high-end SUV.
Lyft has a budget option providing transportation for up to four passengers while Lyft Plus is for up to six passengers and Lyft Premier delivers higher quality vehicles.
Other competitors in the TNC market in Illinois, Indiana, and Kentucky include Ola Cabs (styled as OLΛ), a Bangalore, Karnataka, India-based TNC with over 1 million vehicles in 169 cities, and Didi Chuxing Technology Co., a Beijing-based TNC now serving 400 cities.
If you are injured or your loved one is killed in a rideshare accident, chances are usually good that your case will be resolved through a settlement. Most insurance companies opt to settle cases rather than bearing the costs of going to trial. When a case does go all the way to court, then a victim could be awarded compensatory damages if they prove the defendant’s fault by a preponderance of the evidence (meaning that a story is more likely to be true than not true). Compensatory damages could include economic damages for actual losses like medical bills, lost income, and property damage as well as noneconomic damages for more subjective harm such as pain and suffering, loss of consortium, and disfigurement.
Your ability to recover compensation for a rideshare accident will depend on the state you are filing a claim in as well as exactly how negligent you were. Kentucky has a pure comparative fault system that allows people can file lawsuits regardless of their degree fault. A person could still recover damages even when they were primarily at fault, but the catch is that an award will be reduced by a victim’s percentage of negligence such that a victim who is awarded $100,000 in a rideshare accident they were found to be 95 percent at fault for will have their award reduced by $95,000 and receive $5,000. In both Indiana and Illinois, a person can only recover damages when they were not more than 50 percent at fault. Again, even those who can file lawsuits will have their awards reduced in proportion to their negligence.
Did you sustain severe injuries or was your loved one killed in a rideshare accident in the Evansville area? Do not wait to contact Chapman Injury Lawyers to discuss your legal options with one of our experienced rideshare accident lawyers today. Our firm will immediately commence an independent investigation into your crash to determine the cause, preserve evidence, and identify every liable party. You can have us provide an honest and thorough evaluation of your case when you call (812) 461-6261 or contact us online to schedule a free consultation.
Rebecca Stock B.