What to Do if You’re Injured as a Pedestrian in a Rideshare Accident
Rideshare services like Uber and Lyft have become an essential part of modern transportation. Whether you need a quick trip to work, a safe ride home after a night out, or a convenient way to get to the airport, rideshare services provide an easy and accessible solution. With thousands of rideshare vehicles on the road in cities like Dallas, Texas, it’s no surprise that accidents involving these vehicles are becoming more common.
Unfortunately, pedestrian accidents involving rideshare vehicles have also increased. Whether due to distracted driving, speeding, or failing to yield to pedestrians, rideshare drivers are not immune to mistakes. If you are struck and injured by a rideshare vehicle as a pedestrian, it can be overwhelming to know what to do next. Who is responsible? How do you seek medical treatment? What steps should you take to protect your rights? This guide will walk you through the essential actions you should take to ensure your safety, seek medical attention, and pursue compensation if you are injured in a rideshare accident.
Immediate Steps to Take at the Scene
The moments immediately following a pedestrian accident can be confusing and stressful. However, taking the right steps at the scene can make a significant difference in your recovery and your ability to pursue compensation.
Ensure Safety First – Your first priority should be your safety. If you are conscious and able to move, try to get to a safe location away from traffic. However, if you have severe injuries, it is best to stay still and wait for emergency medical responders. Moving too much after an injury could make it worse.
Call 911 – Always call 911 after an accident, even if you believe your injuries are minor. Law enforcement will create an official accident report, which will be valuable evidence for your case. Additionally, emergency responders can assess your injuries and provide immediate medical attention.
Seek Medical Attention – Some injuries, such as internal bleeding or concussions, may not be immediately apparent. Seeking medical attention as soon as possible ensures that you receive proper treatment and establishes medical documentation of your injuries, which is crucial for any legal claims.
Gather Evidence – If you are physically able, take pictures and videos of the accident scene, including the rideshare vehicle, license plate, driver, your injuries, and any nearby traffic signals or crosswalks. This evidence can be essential when determining liability.
Get Witness Information – If there were any bystanders who saw the accident, ask for their contact information. Witness statements can help support your case if there is any dispute about how the accident occurred.
Identifying Liability in a Rideshare Accident
Determining liability in a rideshare accident can be complicated. Unlike traditional car accidents, multiple parties could be responsible for your injuries.
Who Is Responsible? – Liability depends on several factors, including whether the rideshare driver was logged into the app at the time of the accident. Possible liable parties include:
The rideshare driver (if they were negligent or distracted)
Another motorist (if they caused the accident)
The rideshare company (if the driver was actively working and covered under their insurance)
The city or municipality (if poor road conditions contributed to the accident)
Understanding Rideshare Insurance Coverage – Rideshare companies provide different levels of insurance coverage depending on whether the driver was actively working. If the driver was offline, their personal auto insurance applies. If they were waiting for a ride request, Uber and Lyft provide limited liability coverage. If they had an active passenger or were en route to a pickup, the rideshare company’s full insurance coverage applies.
Filing a Claim for Compensation
If you were injured in a pedestrian accident involving a rideshare vehicle, you have the right to seek compensation for medical bills, lost wages, and pain and suffering.
Document Medical Treatment – Keep detailed records of all medical visits, treatments, prescriptions, and rehabilitation. This documentation is crucial when negotiating with insurance companies.
Notify Your Insurance Company – Even though you were a pedestrian, your personal auto or health insurance may play a role in covering your medical expenses. Notify your insurer about the accident to understand your coverage.
Determine Which Insurance Applies – Depending on the circumstances, you may need to file a claim with the rideshare company’s insurance, the driver’s personal insurance, or your own insurance. A personal injury lawyer can help determine the best course of action.
Filing a Claim Against the Responsible Party – If the rideshare company or driver’s insurance refuses to offer fair compensation, you may need to file a lawsuit to seek damages.
Legal Options: When to Hire an Attorney
While some accident claims can be settled without legal help, others require the expertise of a personal injury attorney.
When the Insurance Company Denies or Undervalues Your Claim – Insurance companies often try to minimize payouts. If your claim is denied or you receive a low settlement offer, an attorney can negotiate for fair compensation.
If Liability Is Disputed – If the rideshare driver and other involved parties dispute who is at fault, an attorney can help gather evidence to prove liability.
If You Suffer Severe or Long-Term Injuries – If your injuries require ongoing medical treatment or impact your ability to work, you may be entitled to significant compensation. A lawyer can help calculate the full value of your damages.
How a Personal Injury Lawyer Can Help – A personal injury lawyer will handle the legal complexities of your case, negotiate with insurance companies, and ensure you receive the compensation you deserve.
Preventative Measures for Pedestrians
While you can’t control how rideshare drivers behave, you can take precautions to reduce your risk of being involved in an accident.
Staying Alert Near Rideshare Pickup/Drop-off Areas – Rideshare drivers often stop suddenly to pick up or drop off passengers. Be extra cautious in these areas.
Using Designated Crosswalks and Sidewalks – Always use crosswalks and follow pedestrian signals. Avoid crossing streets in high-traffic areas where rideshare drivers may not expect pedestrians.
Understanding Rideshare Driver Behavior – Rideshare drivers may be distracted by GPS navigation, rushing to complete rides, or searching for passengers. Stay aware of their movements and avoid stepping in front of moving vehicles.
Conclusion
Being injured as a pedestrian in a rideshare accident can be a traumatic and overwhelming experience. However, taking the right steps immediately after the accident can protect your health and legal rights. Always seek medical attention, gather evidence, and determine which insurance coverage applies. If you experience challenges with your claim, consider consulting a personal injury attorney who can guide you through the process and fight for the compensation you deserve. By staying informed and aware, pedestrians can better protect themselves and navigate the complexities of rideshare-related accidents.