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A Portland rideshare accident attorney will be able to review your Uber or Lyft ride-crash case, figure out which party is liable in your case, find out if there are multiple insurance coverages that apply, and get money for all of your medical expenses, lost wages, and pain and suffering. They’ll also gather evidence, handle negotiations with the insurance company, and allow you to focus on getting better.
Your rideshare injury attorney will need to closely examine the events leading up to your car wreck, as well as when it occurred (i.e., were you stopped for a pickup request? Were you en route to pick up a passenger? Had you dropped off a rider?) By reviewing this information, explaining your options, and helping you make the decision about moving forward on an injury claim at ELG Injury Lawyers.
Involved in a Portland rideshare accident? There are many unanswered questions. In this article, we’ll go over why you should hire a Portland rideshare accident lawyer, how to prove liability, and the steps you need to take after your rideshare accident. Understanding your legal and insurance options can help you protect your rights and evaluate any compensation that may be available.
Key Takeaways
- Rideshare claims can involve additional insurance issues because coverage changes with the driver’s app status, and some claimants choose to seek legal advice.
- Depending on the facts, an injured claimant may recover economic and noneconomic damages, so records of medical expenses, lost income, and other losses can be important.
- Many personal-injury lawyers use contingent-fee agreements, but the client’s responsibility for fees, costs, and any upfront payments depends on the written agreement. Contingent fee arrangements means that the law firm takes a percentage of any settlement that you’re awarded from the insurance company.
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Click to CallWhy Should You Hire a Portland Rideshare Accident Attorney?
Compared to typical motor vehicle accidents, rideshare accidents provide unique challenges. Many times, determining whether or not the rideshare driver was an employee or an independent contractor complicates the determination of liability. Determining which insurer you should file a claim against and the potential amount of recovery can make this confusing situation even more complicated.
An attorney can investigate liability and insurance coverage, communicate with insurers, and advise you about settlement offers, while you retain the decision whether to settle.
Oregon personal-injury claims are generally subject to a two-year filing deadline, although different rules or exceptions may apply depending on the claim.
If an accident gives rise to a claim covered by the Oregon Tort Claims Act, ORS 30.275 generally requires notice within 180 days for claims other than wrongful death and within one year for wrongful-death claims, subject to statutory provisions and exceptions. This does not apply to every rideshare crash, but it can be outcome determinative where a public body or covered public employee is involved. Your experienced Uber accident attorney will help ensure you don’t miss these critical deadlines.
How to Prove Liability in a Portland Rideshare Accident
App status helps determine which rideshare insurance requirements apply; liability itself depends on negligence, causation, comparative fault, and any applicable agency or other liability theories. What was the rideshare driver doing on his/her/its application at the time of the accident? Was he/she/it sitting idling, traveling to pick-up a customer, or actually transporting a customer? These situations affect the determination of liability and the level of coverage provided by the rideshare company’s insurance policies.
Uber and Lyft have three separate levels of insurance coverage based upon the status of their drivers on their applications.The driver’s app status directly affects which Portland TNC insurance period applies and may also be relevant to some agency issues, but it does not by itself determine who was legally at fault.
Therefore, there needs to be a full investigation conducted to identify who is liable for the accident and to what extent. That is where hiring a knowledgeable rideshare accident attorney proves to be invaluable.
When will the rideshare driver be responsible?
When a driver is genuinely off the rideshare app, Portland’s TNC service-period insurance requirements generally don’t apply, so the driver’s personal coverage may be the primary auto insurance to cover the collision. However, that doesn’t mean that other responsible parties or coverage may not still exist, which your attorney will work to investigate.
Turning the app off generally places the driver outside Portland’s defined TNC service periods, but it does not by itself determine whether the driver is an employee, independent contractor, or acting within the scope of any agency relationship. If the driver was off-app, liability against the TNC may be harder to establish, but whether the company has any liability depends on the particular facts and legal theory.
When will Uber or Lyft be partially liable for damages sustained as a result of the collision?
When the driver is logged into the app and waiting for a match, Portland treats the trip as Period 1 for insurance purposes. However, that status doesn’t determine the percentage of anyone’s fault. In those situations, both the driver’s personal automobile insurance and Uber or Lyft’s excess coverage may potentially apply. Such dual coverage may create problems for an injured victim attempting to navigate their claim for reimbursement.
To address partial liability issues, prior court decisions and specific factual details surrounding each individual collision are frequently relied upon to determine liability. An experienced rideshare accident attorney can assist you in identifying your options regarding filing claims with the proper insurance carriers to obtain just compensation.
What insurance applies after a driver accepts a ride request?
Where a Lyft or Uber driver accepts a trip request and is either traveling to pick-up a customer or actually carrying customers during travel, then Uber or Lyft’s liability coverage applies. This is typically the least complicated way to establish liability because once liability is established under this circumstance, then only Uber/Lyft’s insurance will cover damages sustained by injured parties but liability and the complete set of available insurance benefits still depend on the unique circumstances of the incident.
Under this circumstance, the rideshare company’s insurance policy will cover all damages sustained by injured parties as a result of the collision subject to the applicable policy terms, coverage limits, liability, and the facts of the claim. With this clarity, an experienced rideshare accident attorney will be able to navigate you through any settlement offers and advise you during negotiations.
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What You Can Do After a Portland Rideshare Accident
Following a rideshare accident, it can be disorienting. However, understanding what actions to take immediately after an accident can help protect your rights.
- Seek medical attention regardless of how minor you feel your injuries are.
Seeking medical attention will ensure your health and provide documentation of your treatment that could ultimately be beneficial in establishing a claim for your injuries. - Document evidence at the scene of the collision
Document evidence at the scene of the collision by photographing all damage to property and obtaining statements from any witnesses. Additionally, gather all relevant contact information for drivers involved in the collision. - Call the Local Police. In many cases you have 72 hours to report to the local police department and the DMV that there was a collision. Better safe than sorry – make the call.
- Notify the rideshare company through the app. Notify the rideshare company through their application that there has been an incident involving their vehicle. Doing so will ensure that the incident is recorded by the rideshare company.
- Contact your own insurance company and notify them of the accident. Even though it appears that only the rideshare company’s insurance will cover damages, contact your own insurance carrier to begin a claim and go through their required process. However, you’ll want to seriously consider speaking to a personal injury attorney before giving a recorded statement.
- Contact a rideshare accident lawyer before speaking to any insurance adjuster from either insurance carrier. Before speaking with any representatives from either insurance carrier, consult with a rideshare accident attorney to protect your rights and assist you in navigating the complexities of the claims process. Remember, there are legal reporting requirements when you’ve been in an accident so don’t wait to speak to an attorney as they’ll help you not miss deadlines that could hurt your case.
Common Reasons for Portland Rideshare Accidents
There are many reasons why Portland residents suffer injuries from rideshare accidents. One reason is distraction while operating a motor vehicle. Some examples of distractions include texting while driving. Another example of distractions includes operating a vehicle while fatigued since many riders drive for extended periods of time in order to generate income.
Knowing about common types of Portland rideshare accidents can help you remain more aware while using rideshare services.
Below are some of the more common types of rideshare accidents:
Rideshare accidents can occur in various forms, each presenting unique challenges and circumstances. Understanding these different types of accidents is crucial for determining the best course of action and seeking fair compensation. Here are some common types of rideshare accidents:
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- Rearend Collisions: rearend collisions are probably the most common form of rideshare accident; and often arise from one of three primary causes: distracted driving; tailgating; or abrupt stops. Rearend collisions may result in serious physical harm including whiplash and spinal injuries; therefore, it is very important to see a doctor immediately after an accident, regardless of how slight you believe your injuries may be.
- Side impact crashes (“t-bones”): side impact crashes occur when one vehicle collides with another vehicle while stopped at an intersection. T-bone crashes usually occur when one vehicle fails to yield to another vehicle at an intersection or runs through a red light and collides with another vehicle that had entered an intersection legally. T-bone crashes may produce significant injuries to passengers in either vehicle and/or occupants of vehicles involved.
- Frontal head-on crashes: frontal head-on crashes are perhaps among the worst types of accidents associated with rideshares; and are most commonly caused by negligent operation of vehicles; aggressive driving practices; or driving while intoxicated. Frontal head-on crashes may produce extreme bodily injury or death; thus it is necessary to seek immediate emergency care for life-threatening injuries and legal counsel for financial compensation.
- Pedestrian Accidents: Pedestrian Accidents involve one vehicle colliding with a person walking on foot. These types of accidents often result from failing to yield; speeding; or distracted driving by a rider who hits someone walking on foot. Pedestrians are particularly vulnerable in these situations; and serious injuries may result from accidents involving vehicles and pedestrians, requiring extensive legal assistance for victims’ claims.
- Cyclist accidents: cyclist accidents similarly involve a vehicle operated by a rider impacting on a cyclist traveling by bicycle. Cyclist accidents may result from failing to yield; speeding; or distracted driving by a rider who hits someone riding on a bike. Like pedestrians, cyclists are extremely vulnerable when impacted by cars driven by ride-sharing drivers; causing serious injury; and requiring extensive legal advocacy for compensation.
- Multi-vehicle crashes: multi-vehicle crashes are crashes that involve multiple vehicles. They can be quite complex and difficult to settle as they usually result from reckless driving practices; speeding; or adverse weather conditions. Multi-vehicle crashes may require a detailed investigation to determine each party’s fault and what compensation, if any, each injured claimant may legally recover.
Knowing about common reasons for rideshare accidents and types of accidents can help keep you more aware while using ride-sharing services. If you become involved in any of these types of accidents, consulting with an expert rideshare accident lawyer can help protect your rights and provide for fair compensation for your injuries
Types of Damages Available to Those Hurt in a Ridesharing Accident
The victim of a ridesharing accident can pursue multiple types of compensation. Typically, economic damages refer to the medical bills associated with treating the injuries sustained in the accident; lost income (i.e., wages) due to time missed from work; and reduced ability to earn money in the future because of the permanent injuries suffered. Other non-economic damages cover things such as physical pain and discomfort; emotional trauma; and reduction of quality of life.
Documenting all medical bills and expenses related to your injury is crucial. It is very important to document all medical bills and expenses related to your injury in detail. Detailed records can help establish the nature and amount of your losses, but compensation depends on liability, causation, proof, comparative fault, and available coverage.
How to Navigate Insurance Claims Following a Ridesharing Accident
Insurance Claims following a ridesharing accident can be difficult to manage. Understanding the applicable rideshare insurance policies can help determine what coverage and benefits may be available. Before speaking with an Insurance adjuster, it would be advisable to speak with a knowledgeable attorney specializing in ridesharing accidents.
Insurance companies tend to offer low settlements. Insurers may dispute liability, coverage, or the value of a claim, so any settlement offer should be evaluated in light of the evidence, applicable law, and insurance coverage. An attorney can negotiate with insurers and advise you whether an offer reasonably accounts for the injuries and losses supported by the evidence.
Establishing Liability in a Ridesharing Accident
Establishing liability can involve complex factual and legal issues, and an attorney can assist with investigating and presenting the claim. In an ordinary Oregon negligence claim, the claimant generally must establish unreasonable conduct involving a foreseeable risk of the kind of harm suffered, factual causation, and legally compensable harm; statutes or special relationships can modify the applicable standard. Here’s a simple breakdown:
- A duty of care: A rideshare driver’s conduct is evaluated under applicable negligence and traffic-law standards; liability against the rideshare company itself requires a separate factual and legal basis. In order to meet this duty of care, the driver or ridesharing service is required to act reasonably and follow the rules of the road, and to drive their vehicle in a safe manner.
- A breach of duty: the driver or ridesharing service did not act reasonably and therefore breached his/her/its duty of care. This type of breach can occur through acts such as distracted driving, excessive speed, failure to stop/yield, etc.
- Causing harm: the breach of duty caused the accident and subsequently caused harm (injuries, emotional distress, property damage, etc.) to one or more persons. The claimant must establish the required factual causal connection between the defendant’s negligent conduct and the harm; the negligence does not necessarily have to be the sole or primary cause.
- Damages: there were actual damages (physical harm, emotional distress, monetary losses, etc.). A claimant must prove legally compensable damages; medical records, financial records, testimony, and other admissible evidence may be used to establish those losses.
In order to demonstrate liability for damages, a knowledgeable ridesharing accident attorney will collect and examine various types of evidence including:
- Police reports: Police reports and citations may provide useful evidence, but their admissibility and weight depend on Oregon evidence rules, and they do not by themselves determine civil liability.
- Statements from witnesses: witness Statements from individuals who observed the accident or have knowledge that is pertinent to establishing liability can be useful in supporting your claim and offering alternative viewpoints regarding how the accident occurred.
- Documentation of medical treatment: Documentation of your medical treatment can be used to demonstrate the extent and effect of your injuries.
- Reports from vehicle inspectors: reports describing the level of damage sustained by each vehicle involved in the collision can serve to show the severity of the collision and the energy involved.
- Records of ridesharing service providers: records from ridesharing service providers (e.g. Ride logs, vehicle inspection records, etc.) can give insight into the driver’s actions prior to and during the time of the accident, as well as the condition of the vehicle at the time of the accident.
Using this evidence, an experienced ridesharing accident attorney can establish liability and obtain fair compensation for those harmed by ridesharing services.
Do I have a right to file suit against Uber or Lyft directly?
Yes, there are times when you may file suit against uber or lyft directly. A direct claim against a rideshare company may be available when the facts support the company’s own negligence, such as a viable negligent-hiring theory, or another recognized basis for vicarious liability; the driver’s negligence alone does not automatically make the company liable.
As with any decision, it is recommended that you consult with an experienced attorney representing rideshare passengers who has experience assessing whether filing suit against an Uber or Lyft accident attorney would be beneficial for your particular case.
What steps should I take if I am injured as a result of using ride-sharing services?
If you are injured using ride-sharing services, there are some critical steps you should take now to protect your rights and receive just compensation. First, seek immediate medical attention so you can document all of your related medical bills. You may be able to recover money for your medical bills, lost wages from being unable to work, as well as compensation for pain and suffering, emotional trauma such as anxiety and post-traumatic stress disorder (PTSD).
A lawyer can help document your injuries, communicate and negotiate with insurers, and advise you about compensation supported by the evidence and applicable law. Without professional assistance from a lawyer, it can be extremely challenging to demonstrate how extensive your injuries are and navigate through the claims process.
How much will it cost me to hire a Portland rideshare accident attorney?
Most people want to know what kind of costs they will incur if they choose to hire a lawyer after being hurt in a rideshare accident. Fortunately, most attorneys who specialize in helping riders injured in accidents work on a contingent fee basis. A contingent-fee agreement generally makes the attorney’s fee dependent on a recovery, but responsibility for litigation expenses and any upfront costs depends on the written agreement. Under a contingent-fee agreement, the lawyer generally receives the agreed percentage of a qualifying settlement or judgment, subject to the terms of the written agreement.Therefore, you are able to have legal counsel assist you with managing your claim without having to pay significant upfront costs.
Our Portland Lawyers are happy to give you a complimentary consultation where we will review your situation and explain your options relative to potentially retaining us to represent you in relation to your rideshare accident case.
Why would I want to work with one of our experienced Portland rideshare accident attorneys?
Your selection of attorney makes all the difference in achieving justice for you and obtaining fair compensation for your injuries as a result of your involvement in a rideshare accident. At ELG Injury Lawyers our experienced Portland rideshare accident attorneys are committed to providing you compassionately-driven legal support throughout the process of determining your entitlement to personal injury compensation. We investigate liability and damages and pursue the compensation supported by the facts, evidence, and applicable law.
Our office provides a complimentary consultation so we can go over the specifics surrounding your accident with you, answer any questions you may have, and discuss available options for representing you in regards to recovering compensation for your injuries from your rideshare accident.
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Frequently Asked Questions
Why do I need a rideshare accident attorney?
A rideshare accident attorney will help you to successfully deal with the numerous obstacles presented by both Insurance companies and/or other parties involved that impede receiving fair compensation for your injuries and losses.
Who is liable for my rideshare accident?
The driver’s app status helps determine which rideshare insurance requirements apply, while liability itself depends on negligence, causation, comparative fault, and any applicable company-liability theories. Which insurance applies depends in part on the driver’s app status, but Portland requires TNC-maintained primary coverage during the defined service periods, and PIP, UM/UIM, personal insurance, or other coverage may also be relevant depending on the circumstances. It’s important to identify potentially responsible parties and applicable insurance coverage. An experienced attorney can support you in that.
What should I do immediately after being involved in a rideshare accident?
Seek appropriate medical care and preserve information about the crash. If Oregon’s collision-reporting laws apply to you, comply with required law-enforcement and DMV reporting deadlines; reporting the crash to the rideshare company does not replace those obligations.
Can I sue Uber or Lyft directly?
Yes. You may be able to bring a claim against the rideshare company if the facts support the company’s own negligence or another valid basis for vicarious liability; the driver’s fault alone does not automatically establish liability against Uber or Lyft.
I recommend speaking with an experienced attorney here at ELG Injury Lawyers, such as Dave Eltringham, for support in evaluating whether filing suit against an Uber or Lyft accident lawyer would be in my best interest given my unique circumstances.
How much does it cost to hire a rideshare accident lawyer?
Many personal-injury attorneys do not charge an upfront attorney fee, but responsibility for case costs and other expenses depends on the written fee agreement. Most attorneys who represent clients in accidents involving ridesharing services (e.g. Uber or lyft) work on what is called a contingency fee arrangement. Under a contingency-fee agreement, the lawyer generally receives an agreed percentage of any qualifying settlement or judgment; the percentage and responsibility for case expenses are governed by the written agreement.
Some personal-injury lawyers offer free initial consultations to evaluate whether the facts may support a legal claim.
We also offer a free consultation to discuss the details of your accident and help you understand your legal options. Our commitment to our client’s well-being and our track record of successful outcomes make us the ideal choice for handling your rideshare accident case.
