Louisiana Rideshare Accident Lawyer

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Louisiana Rideshare Accident Lawyer

Rideshare services such as Uber and Lyft are very popular throughout Louisiana, and thousands of people use these services as alternatives to taxis and public transportation. However, accidents are just as likely to occur while riding in a rideshare driver’s vehicle as they are in any other vehicle. If you or a loved one experiences this type of accident, it is imperative to consult a Louisiana rideshare accident lawyer as soon as you can.

Legal Counsel for Rideshare Accident Claims Throughout the State

The team at the Murphy Law Firm offers comprehensive legal counsel for all types of rideshare accident claims for clients in the state. Based in Baton Rouge, our team can provide the legal representation you need to help you recover from a rideshare accident, guiding you through the complex insurance-related proceedings you are likely to face in the aftermath of this type of vehicle accident.

While rideshare accidents happen the same ways that all other accidents occur, resolving these cases is often more challenging due to the way rideshare companies’ insurance policies work after these accidents. You may need to file more than one insurance claim after a rideshare accident, and it is possible to have alternative avenues of legal recourse available to you. It’s also possible to encounter unexpected legal challenges you will not be able to resolve alone.

With our team’s assistance, you can approach your recovery with greater confidence. Trust our firm to help you gather the evidence you will need to firmly establish liability for the accident you experienced, assist you in accurately calculating the extent of the damages you can seek from the at-fault party, and determine the optimal path to recovering as much compensation as possible for your losses.

While it is technically possible for you to pursue your recovery from a rideshare accident on your own, you could face a wide range of challenges that can impede your recovery. You could also unintentionally settle for far less compensation than you legally deserve. Working with an experienced Louisiana rideshare accident lawyer provides the greatest chance of not only succeeding with your claim but also maximizing your total recovery.

Proving Liability for a Rideshare Accident

Louisiana enforces the fault rule for all vehicle accidents, meaning the party at fault for causing an accident absorbs liability for the resulting damages. After a rideshare accident, the first thing you will need to do is determine liability for the incident. If you were riding as a passenger in a rideshare, it is possible for liability to fall on your driver or the driver of another vehicle. You will also need to prove fault if you were driving your own vehicle when you were hit.

Some of the most commonly cited causes of rideshare accidents in the state include various forms of driver negligence, such as distracted driving, speeding, driving too fast for conditions, and moving violations, such as illegal turns or failure to yield the right-of-way. An experienced Louisiana rideshare accident lawyer can help you prove exactly how the accident happened by gathering various types of evidence to support your case.

You may need to obtain witness statements from anyone who saw the accident happen. Other evidence you could require may include traffic camera footage, drivers’ cell phone records, and vehicle computer data. Photos of the scene of the accident immediately after it happened can also be valuable to your case. Once you have proven fault, you can proceed with claiming compensation for your damages.

Comparative Fault in Rideshare Accident Cases

In any vehicle accident case, it is possible for the issue of comparative fault to arise if the facts of the case show that more than one party shares liability for the damages cited in the claim. Under the state’s pure comparative fault rule, each liable party will have a fault percentage assigned to indicate their respective levels of liability for the damages cited in the claim.

If you were riding as a rideshare passenger, it is highly unlikely for you to be assigned any amount of fault unless you somehow interfered with the driver’s ability to operate their vehicle safely. If you were driving your own vehicle when you were hit by a rideshare driver, the facts may show that your negligence contributed to causing the collision, and this will ultimately reduce your compensation by a proportionate amount.

When first responders arrive to investigate your accident, be very careful not to say anything that could be interpreted as an admission of fault. Answer the police officer’s questions honestly and concisely, but say nothing that they may interpret as you are admitting fault for the accident. Consult a Louisiana rideshare accident lawyer immediately if you have any concerns about bearing partial responsibility for your recent accident.

Understanding Rideshare Company Insurance

Rideshare companies like Uber and Lyft are required to have auto insurance, but this insurance works very differently from a standard individual auto insurance policy. Every rideshare driver must have their own personal insurance that will apply in various situations, but a rideshare company’s policy will apply under certain conditions. Your Louisiana rideshare accident lawyer can help you make sense of your insurance claim filing options after your accident.

If a rideshare driver is at fault for an accident, their personal auto insurance policy will be used first to compensate the victim’s damages. The rideshare company’s policy would then apply in different ways depending on the circumstances of the accident. If the rideshare driver is not logged into their driver app and they are using their vehicle for personal reasons, the rideshare company’s insurance will not apply if they cause an accident.

The first level of the rideshare company’s insurance policy takes effect once the driver has logged into their driver app and marked themselves as available for a ride request.

At this point, if they cause an accident, their personal insurance may first go toward paying for the resulting damages, and then the rideshare company’s policy will pay for any outstanding losses up to the limit of $50,000 for bodily injury to a single person, up to $100,000 for injuries to multiple persons in a single accident, and up to $25,000 to cover property damage.

The second level of the rideshare company’s insurance policy will come into effect once the rideshare driver has picked up a passenger. This second level of coverage provides up to $1 million in third-party liability coverage that will last until the driver drops the passenger off at their destination.

It’s common for disputes to arise regarding insurance coverage after rideshare accidents and an injured claimant may need to navigate more than one insurance claim to fully recover their damages. It’s likely for them to encounter all types of disputes and complications with their case, so it’s vital for them to have the legal representation they can trust to guide them through the insurance claim filing process.

Your Louisiana rideshare accident lawyer can help ensure you are treated fairly by the insurance company and that they process your claim in good faith. Once you receive a settlement offer, your attorney can determine whether it is acceptable, and they can also help you determine if further legal recourse is an option that may improve your overall recovery.

Filing a Personal Injury Claim for a Rideshare Accident

Under certain circumstances, insurance may not fully cover a victim’s damages after a rideshare accident. If this applies to your case, you will need to file a personal injury suit to recover your damages. The objective of a personal injury claim is for the injured victim to prove the full extent of the harm they suffered and to hold the liable party accountable for these damages. The intention of the claim is for the plaintiff to be made as whole as possible.

The plaintiff in a personal injury suit has one year from the date of their accident to file their claim against the defendant who injured them. They must firmly prove liability for their damages, and they must also establish the causation between their claimed damages and the defendant’s actions. This means their claimed losses must have solely resulted from the defendant’s actions and not from any other cause.

The plaintiff in a personal injury suit may seek compensation for any economic damages they suffered because of the accident, which can include various financial losses that can be proven with the appropriate documentation. The economic damages a plaintiff may be able to claim from a defendant may include:

  • Property losses. If you cannot recover vehicle repair costs or other property losses from insurance, these losses can be cited as economic damages in your personal injury suit.
  • Medical expenses. Car accidents can easily cause many severe injuries. The plaintiff in a personal injury case for a rideshare accident has the right to claim compensation for all immediate and future medical expenses they face because of the accident the defendant caused. Your attorney can help you accurately calculate these losses by examining your medical reports.
  • Lost income. If your accident leaves you unable to work for an extended period of time, you have the right to seek compensation for the wages you were unable to earn during that time. This also applies to your lost future earning capacity if your accident has left you unable to work and earn an income in the future. You can claim the income you otherwise would have been able to earn as economic damages.

Your Louisiana rideshare accident lawyer can help you accurately assess the extent of immediate and future economic damages you can seek with your claim, potentially revealing that your case is worth much more than you initially expected. However, your recovery can also include compensation for non-economic damages the defendant caused. These are more variable and difficult to prove but could form a sizeable portion of your total recovery.

Non-economic damages in a personal injury case usually include intangible losses that cannot be easily measured in monetary terms. Physical pain, emotional suffering, psychological trauma, and diminished enjoyment of life are commonly cited as non-economic damages, and the average person may not know how to assign monetary value to these things. Your attorney can help you determine a suitable amount to claim that reflects the severity of your pain and suffering.

Resolving Your Rideshare Accident Case

Ultimately, a rideshare accident case is likely to be far more complex and more challenging to resolve than a standard personal injury case. The average claimant is unlikely to secure a favorable result without the help of an experienced attorney, and it is vital for them to start working on their case right away to ensure they can meet the statute of limitations.

Your insurance claim filing process could be the most challenging aspect of recovering compensation for your rideshare accident. It is prudent to expect an insurance carrier to fight your claim, as these companies will almost always look for all the ways they can find to deny claims or justify the lowest possible settlement offers. Your attorney can be an invaluable asset for navigating this process to a fair result.

If you must file a personal injury case, your attorney can not only greatly improve your chance of success with the claim but also maximize your recovery, and they can do so potentially faster than you may expect. It’s possible to settle a personal injury case outside of court as long as the parties involved are willing to negotiate and compromise, and if this succeeds, they can resolve the case much faster than litigation would allow.

However, litigation may be unavoidable in your case for various reasons. If so, you will need an experienced Louisiana rideshare accident lawyer on your side to help you confront the defendant and navigate your proceedings effectively. The Murphy Law Firm strives to settle our clients’ cases whenever possible, but we are fully prepared to represent you in the courtroom if necessary.

FAQs

Q: How Much Compensation Can I Claim for a Rideshare Accident?

A: The amount of compensation you could claim for a rideshare accident will depend on the severity of your damages. If you are able to prove that another party is directly responsible for your losses, you can seek compensation for any economic and non-economic damages you suffered from the accident. Your Louisiana rideshare accident lawyer can be the optimal resource to consult for an estimation of your claim’s total potential value.

Q: What Happens if I am Partially Liable for a Rideshare Accident?

A: If you are found to be partially liable for a rideshare accident, you should expect to have a fault percentage assigned. If you succeed in securing compensation for your damages, you will lose a percentage of your case award equal to your percentage of fault. Under the state’s pure comparative fault rule, the plaintiff found partially liable can still recover compensation less the percentage that reflects their shared liability.

Q: Do I Need a Lawyer to File a Car Insurance Claim?

A: You need a lawyer to help you file a car insurance claim if you want the process to be as painless as possible and want to ensure that your claim is handled in good faith. Insurance companies sometimes try to take advantage of injured claimants, hoping in their desperation they will accept the first lowball settlement offer pitched to them. An attorney can prevent an insurance company from taking unfair advantage of their client.

Q: Why Should I Hire a Lawyer for a Personal Injury Claim?

A: Hiring a lawyer for a personal injury claim will dramatically improve your chances of success with the claim, and you will also be more likely to maximize the total compensation you win for your damages with their assistance. Your attorney can handle all of the procedural aspects of your case while you focus on your recovery. You will also be more likely to resolve the case in a shorter timeframe when you have legal representation on your side.

Q: Will I Win More Compensation if I Hire a Louisiana Rideshare Accident Lawyer?

A: You are more likely to maximize your recovery from an accident if you hire a Louisiana rideshare accident lawyer to represent you in your recovery efforts. The right attorney will know all the various avenues of recovery that are available to you and how to accurately calculate projected future losses and appropriate pain and suffering compensation. Rideshare accidents can be very difficult to resolve without the help of experienced legal counsel.

The Murphy Law Firm has the skills, resources, and experience needed to resolve the most challenging rideshare accident cases. From our office in Baton Rouge, we serve clients throughout the state and have a strong professional record of successful cases to show our dedication to our clients’ recoveries. Contact our firm today to schedule a free consultation with a Louisiana rideshare accident lawyer and learn more about how we can assist with your case.

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