Who’s Liable When a Rideshare Company Causes Your Injuries?

Article Summary

• Collect as much evidence as possible after a rideshare accident by taking photos, finding witnesses, going to the doctor and getting the authorities involved.
• The level of liability for a rideshare company when a driver is in an accident depends on whether the driver was on a “hired ride” at the time or whether they were “off app.”
• Rideshare drivers are generally considered contractors for rideshare companies, so liability can involve multiple insurance carriers.
  
  

Who’s Liable When A Rideshare Company Causes Your Injuries?

Despite the rising popularity of remote work, which has shifted transportation habits for many in Arizona and across the country, ridesharing services like Uber and Lyft are still popular options for certain types of trips. While ridesharing does minimize the volume of traffic on the road, studies have shown the services have experienced an increased exposure to accidents.

A survey of ride-share drivers, published by researchers in the spring of 2024 by the University of Illinois Chicago, found that one-third of ride-share drivers reported being in an accident while working. The most common reasons for the accidents, as reported by the drivers, were cellphone distractions, driving while tired, or driving on unfamiliar roads. 

What does that mean for rideshare passengers? What happens when an accident occurs and who is held liable if a passenger sustains injuries? 

The answers to these questions are complex and sometimes confusing, which is why the experts on the Torgenson Law team bring years of experience to the table to help their clients navigate the aftermath of a rideshare crash. As an Arizona rideshare accident lawyer, we use our experience in the industry to make sure Uber or Lyft passenger injury claims get the attention they deserve.

Rideshare Company Liability

After an accident, an investigation into the circumstances of that accident begins. Liability in a rideshare car accident can be assigned to the rideshare driver, the rideshare company, another driver or even a pedestrian — depending on the sequence of events. 

As if unraveling the circumstances of a rideshare car accident wasn’t tedious enough, getting through a legal claims process if that accident led to injuries can be even more daunting. Generally speaking, legal claims following rideshare accidents may include several different insurance carriers, and it’s not always clear which carrier is responsible for paying damages. 

The complexity of the situation lies in a driver’s status. 

There are straight forward reasons why a rideshare driver may be held liable for injuries to passengers after an accident. Impairment, speed and negligent behavior can be linked directly back to the driver. Other factors that need to be answered and could influence liability include whether or not the driver was “active” at the time of the accident, whether the driver’s app was on, and whether the company had engaged in any questionable practices as it relates to hiring or retaining that driver.

If a driver had the rideshare company app off at the time of the accident, then only the driver’s personal insurance would come into play. However, if the driver’s rideshare company app was on, a limited amount of the rideshare company’s insurance would apply. And if the accident happened during a hired ride, the rideshare company’s full insurance coverage would typically apply.

Rideshare Driver Negligence

Most of the factors that apply to passenger injuries in a rideshare accident also apply to drivers and passengers in other vehicles and pedestrians. As far as liability and legal claims go, the level to which each insurance carrier is obligated to cover damages depends on a driver’s status at the time of the accident. 

One exception to those factors includes driver negligence that could have been anticipated by the rideshare company if proper protocols were followed. Companies like Uber and Lyft are required to conduct background checks on their drivers, who are often hired as independent contractors and not as employees, which distances the company from liability in many cases.

If a background check wasn’t completed, or if it wasn’t completed entirely or properly, the rideshare company’s action could lead to a corporate negligence claim. Failure to properly vet a driver for instances that include a suspended license, prior DUIs or violent offenses, could hold a rideshare company directly liable for contracting with an unsafe driver.

An experienced rideshare accident attorney, like those at Torgenson Law, understands how to obtain documentation that may reveal these types of corporate lapses. 

No one should handle a rideshare car accident case alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you’ve been involved in an accident involving a rideshare driver, reach out to our team today.

No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.