Serving Ride Sharing Accident Victims throughout Kentucky
Ride sharing was not a familiar term just a few years ago, but today, it has become a popular option for getting around town. Companies that offer ride sharing, such as Uber and Lyft, employ individuals to use their own vehicles and chauffeur clients around, all for a rate much cheaper than a taxi cab. While it has become an attractive alternative, most passengers do not think about the legal issues that can arise if they are involved in an accident while using a ride sharing service. When you are involved in an accident, who is responsible for your injuries? Who will pay for your medical costs and lost wages? The answer may not be so clear.
Determining Liability
Unfortunately, the law has not yet caught up with the concept of ride sharing. Therefore, determining liability becomes a battle of insurance policies, company policies, and state laws. Ride sharing drivers are just as likely to get in a motor vehicle accident as any other driver or vehicle on the road. However, determining liability is not as clear, since they are not the same as other forms of professional transportation.
The issue of liability comes down to two problems:
- The ride sharing company is often not a transportation company. Instead, they clearly state in their Terms and Conditions that they are a technology platform that allows individuals to connect and arrange transportation. Because they label themselves as technology platforms, they technically skate away from liability.
- Ride sharing companies clearly state that they do not hire their drivers; instead, the drivers are independent contractors. Because of this, the ride sharing company argues that they are not liable for the actions of their drivers, because the drivers are not legal employees. Generally, employers are only liable for the acts of employees, and not the acts of independent contractors. By labeling their drivers as independent contractors, ride sharing companies are able to further distance themselves from any liability after an accident.
While ride sharing companies have begun employing insurance coverage, this coverage is limited to the driver and what he or she was doing at the time of the accident.
Pursuing a case against a ridesharing company is a complex process. This is why it is critical that you have an experienced personal injury attorney fighting on your behalf. Your attorney must not only prove negligence, but also find a way to establish that the ride sharing company is responsible for your injuries and financial losses.
Injured in an Auto Accident? Contact Us Today
If you have been injured in a ride sharing accident, contact Gladstein Law Firm, PLLC. Our experience allows us to help you recover all of your financial losses, as well as recovery for pain and suffering. Do not let ride sharing companies bully you out of the compensation that you deserve. Instead, have an advocate fighting by your side. Schedule your free consultation today at 502-791-9000 or fill out our online contact form with your questions.
