Uber & Lyft Accident Lawyer in Kansas City, MO
Millions of Dollars Recovered for the Injured
Rideshare services such as Lyft and Uber are widely used by consumers across the country. Although customers pay fees in exchange for this service, there is no guarantee they will receive a safe ride.
DiPasquale Moore draws from decades of collective experience to protect the rights of victims who have suffered preventable injuries in all types of car accidents, including wrecks involving rideshare operators like Uber and Lyft. Due to the unique factors involved in these accidents, these cases demand the attention of proven attorneys who know how to secure the compensation victims deserve.
Why Choose DiPasquale Moore?
- Millions of dollars in compensation recovered
- More than 100 years of combined experience
- Dedicated to professionalism and personalized service
- Contingency fees – if we don’t win, you don’t pay
Were you or a loved one injured in an Uber or Lyft accident? Call us at (888) 743-1030 for a FREE consultation.
Unique Legal Issues in Uber and Lyft Accidents
Uber and Lyft are relatively new services, which means they create many unique and challenging legal issues in cases involving personal injury and wrongful death. While all car accident claims are focused on proving fault and liability, cases involving these rideshare services are not always as straightforward. That’s due to some legal issues that can create challenges in victims’ fight for compensation.
One of the most challenging aspects of Uber and Lyft accidents stems from the way these companies classify their drivers. While trucking companies and other commercial transportation services are typically responsible for the conduct of their drivers, Uber and Lyft can skirt this responsibility under certain circumstances. That is because they classify drivers as independent contractors.
In the context of a personal injury case, this means that Uber and Lyft may not be liable for damages suffered by victims in accidents caused by rideshare drivers, particularly when they are in between fares or not using the app to pick up customers. Sadly, this can create challenges when victims try to seek the full amount of compensation they need through the appropriate insurance coverage.
Due to its classification of drivers, insurance coverage works differently in cases involving Uber and Lyft. Victims harmed by at-fault drivers typically file claims against those drivers, which are handled by their insurance provider. However, in Uber and Lyft accidents, insurance coverage may be provided by either the company, the driver, or both, depending on what the driver was doing at the time.
For example, passengers harmed in Uber or Lyft wrecks are covered by commercial insurance policies purchased by the rideshare service. These are typically $1 million policies that cover victims injured not only in wrecks caused by the Uber or Lyft driver’s negligence, but also the negligence of other drivers, even if they are uninsured or don’t have enough insurance to cover all of a victim’s damages.
Insurance coverage also varies if victims are occupants of other motor vehicles (or pedestrians or bicyclists) and the Uber or Lyft driver did not have a customer in their vehicle at the time.
For example, Uber or Lyft’s contingent insurance policy, as well as the driver’s auto insurance, may cover victims injured by rideshare drivers who were in between fares or on their way to pick up a customer. In cases were an Uber or Lyft driver was not using the app and driving “on their own time,” then victims may need to pursue compensation through that driver’s personal auto insurance policy.
Drivers in the commercial transportation industry, such as truck drivers, are subject to strict regulations designed to reduce risks of preventable crashes. Uber and Lyft do not have the same regulatory oversight, and have been widely criticized for a lack of safety policies that protect their customers.
This means victims may have valid claims against a rideshare company that fails to ensure drivers are qualified and do not pose unreasonable safety risks. Hiring a driver with a questionable driving record, substance abuse history, or criminal record may result in rideshare companies being held responsible for accidents resulting from drugged or drunk driving, driver fatigue, or even sexual assault.
Because our attorneys have dedicated their careers to representing injured victims and fighting insurance companies and corporations that want to pay them as little as possible, we have the tools and resources to effectively address these issues and fight to establish fault and liability. Our experience also allows us to negotiate fair settlements and take cases to trial when necessary.
How Is Liability Determined for an Uber or Lyft Accident?
For major ridesharing companies like Uber and Lyft, the corporate insurance policies that cover drivers and passengers are active at different times during a driver’s work hours.
If You Were a Passenger
If you were riding as a passenger in an Uber or Lyft that was involved in an auto accident, you are covered by a commercial liability policy, which provides $1 million in coverage.
If the Uber or Lyft driver was at fault for the accident, you may file a personal injury claim against that driver and/or the rideshare company that employs them. Some drivers may not have enough insurance to cover all of your damages, which is why rideshare companies have large insurance policies.
If a driver of another vehicle caused your wreck, they can also be held liable for your damages, and you will likely seek compensation through their auto insurance. You can also recover under the rideshare’s insurance policy, which is especially beneficial if the other motorist is underinsured or uninsured.
If You Were Not a Passenger
Issues of liability and insurance coverage can be a little more complicated if you were injured in an accident involving an Uber or Lyft driver and were not a passenger – for example, if you were an occupant of another vehicle, were riding a bicycle, or were harmed in a pedestrian accident.
In these cases, you may be able to hold the rideshare service liable for your damages if the Uber or Lyft driver was actively transporting a customer for a fee. If they were not carrying a customer at the time of the crash, you will typically seek compensation from the at-fault party, but may also be covered by a contingent insurance policy held by the rideshare service if the driver was using the app.
In some notable cases and jurisdictions, courts have ruled that the commercial insurance policies of Uber and Lyft still apply whenever a driver is using the app, even if they don’t have a fare.
If a Defective Product is to Blame
In some cases, auto accidents may be caused by unsafe and defective products, including auto parts like faulty tires, defective airbags, or brakes. In these cases, victims may need to pursue product liability claims in order to hold the product manufacturer accountable for defectively designed or manufactured products that failed, malfunctioned, or otherwise led to preventable accidents and injuries
call (888) 743-1030 for Your Free Consultation
Car accidents can be frightening experiences, and they can create tremendous strains on victims and families. If you or someone you love has been injured in a Uber or Lyft accident in Kansas City or any of the surrounding communities of Missouri or Kansas, DiPasquale Moore is prepared to guide you through these difficult times, and fight for the compensation you need and deserve.