If you are injured in an accident involving a rideshare vehicle, you will need a West Memphis personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi PLC on your side.
Why a Rideshare Vehicle Can be Dangerous
Despite the obvious benefit of not having to drive yourself when you have had too much to drink, using a rideshare service can be dangerous for you and your loved ones. Some dangers of utilizing a rideshare service include the following:
- Gaps in auto insurance coverage
- Riding with a driver who has poor ratings
- The lingering possibility of becoming a victim of a violent act
- Riding with someone who is impersonating a rideshare driver
- Coming into contact with drowsy, distracted, or impaired drivers
As one might expect, the introduction of rideshare companies across the country has helped to curb drunk driving incidents to a certain extent. However, the introduction of rideshare services has led to an increase in traffic accidents by three percent in the United States. There were a reported 58 deaths in the country in 2019 due to rideshare accidents.
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Injuries You Can Suffer in a West Memphis Uber or Lyft Rideshare Accident
The list of injuries you can suffer when involved in a West Memphis Uber or Lyft rideshare accident is long. However, below is a list of the most common injuries a West Memphis Uber & Lyft rideshare accident attorney sees:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding and organ damage
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Holding Parties Accountable for Uber & Lyft Rideshare Accidents
It is well within your rights to hold the responsible parties accountable for their actions in an Uber or Lyft rideshare accident. In doing so, you should be able to recover compensation for your injuries so that you are not paying out of your own pocket for medical care, rehabilitation, or any other expenses caused by the crash.
Uber and Lyft rideshare companies have $1 million bodily injury insurance policies for their drivers. However, these policies do not activate unless specific circumstances are met in the accident.
The First Circumstance
If the Uber or Lyft driver has not logged into their respective app yet, the insurance policy will not activate. Instead of filing a claim against Uber or Lyft, you will need to file the claim against the driver’s personal auto insurance policy, which is required by both rideshare companies in order for people to drive for those companies.
The Second Circumstance
If the Uber or Lyft driver was logged into their respective app waiting for a ride request, you have two options when filing a claim. You will either need to file the claim against the rideshare driver or the rideshare company.
The Third Circumstance
The rideshare driver was in the act of transporting a passenger or driving to pick up a passenger. The rideshare company can be held accountable in this circumstance if you suffered an injury in an accident with an Uber or Lyft.
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Holding Third Parties Accountable in a Rideshare Accident
You are not limited to only filing claims against the rideshare driver or the rideshare company involved in the crash. In some cases, you might be able to hold a third party accountable in a rideshare accident. It is important to note that if you do seek damages from a third party, it does not prevent you from seeking damages from the rideshare company or the rideshare driver. In most instances, a third-party claim involves a driver other than the rideshare driver who might be to blame for the accident.
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The Timeline in Tennessee to File a Claim
Tennessee only provides victims of rideshare accidents with a period of one year to file a claim in a personal injury case. This is the shortest statute of limitations in the country. Failing to file a claim by the deadline can put you at risk of losing out on compensation for your injuries.
You can file a request for an extension of the statute of limitations, but not every request will be approved. You will need to show that there was an unprecedented circumstance that prevented you from filing by the one-year deadline. Examples of these circumstances include being incapacitated, the defendant fled the state, or you were a minor at the time of the crash.
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How Much a West Memphis Uber or Lyft Rideshare Case Might be Worth
It can be challenging to pinpoint a specific number when injured in a rideshare accident as each case is different. You will need to speak with an Uber & Lyft rideshare accident attorney in West Memphis as soon as possible after the accident to determine the best course of action and get an idea of how much your case might be worth.
Since all accident cases are different, there is the possibility that yours could include punitive damages. These are damages awarded by a judge in the hopes of punishing the rideshare driver involved in the crash. Punitive damages are on top of any compensation you receive from the claim you file against the rideshare driver or the rideshare company.
Call a West Memphis Uber & Lyft Rideshare Accident Lawyer Today
If you or a loved one suffered an injury in an accident with a rideshare vehicle while in West Memphis, you deserve to be compensated for those injuries. At Gatti, Keltner, Bienvenu & Montesi PLC, our Uber & Lyft rideshare accident lawyers in West Memphis understand how insurance companies operate and that you deserve the best legal representation when dealing with an injury. Call our office, or complete our contact form to schedule a consultation.