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Navigating the Complexities of Ride-Sharing Accident Claims: A Legal Perspective

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What is a Rideshare Company?

Ridesharing companies have become increasingly popular over the years. They are known for helping us quickly reach our destinations, making them an appealing choice. Many of us use their services for rides to work, a night out with friends, a ride to the airport, and more. Popular companies like Lyft and several others are found across our nation.

So what happens when you are in an accident while riding in one or colliding with a rideshare driver? Your legal options following these accidents differ slightly from those of other residential vehicles. It’s essential to understand your options.

Read on to learn more.

Who is Liable?

When you get into a car accident, one of the most critical issues is determining who is liable. This determination will help the courts calculate what, if any, compensation each party can recover. With multiple parties involved, each party is assigned a certain percentage of liability, and if they can recover compensation, their portion is proportionate to this percentage. This calculation is what is referred to as modified comparative negligence.

For example, if two parties are involved, one may be assigned 60% liability, while the other is found to be 40%. If this happens and the total damages assessed are $100,000, the party assigned with 40% fault would only be eligible for $60,000, as their portion would be reduced by 40%.

It’s important to note that if a party is found to be more than 50% at fault, they likely can’t expect to recover damages in South Carolina.

Recovering Compensation

Following an accident, it’s imperative to ensure that the correct percentage of fault is determined for all parties. Based on the example above, if you are proven in court to be assigned for a higher percentage than is factual, you may be unable to recover damages.

Furthermore, if you are in an accident with another personal vehicle rather than a rideshare vehicle, the parties involved are straightforward, and you would pursue the other party. When a rideshare company is involved, you may wish to pursue the rideshare company for damages, which can present some challenges as they are typically a much larger company than a personal vehicle that you may go up against.

The parent company for a rideshare driver is responsible for carrying a minimum amount of coverage so the driver and its passengers are covered should an accident occur. Drivers are typically covered when logged into the app, so they are covered on their way to pick up a passenger while the passenger is in the vehicle. A key distinction is whether or not they are logged into the rideshare app. You will pursue their personal insurance rather than the rideshare company’s policy if they aren’t.

Also, negotiations will be quite different with a large rideshare company than a personal insurance company if negotiations occur rather than going to court. Your experienced attorney will be proficient in complex negotiations and can ensure that you are not settling for far less than what you deserve or further pursuing the rideshare company in court.

What Types of Compensation Are Available Following a Car Accident in South Carolina?

There are two main types of compensation that you may pursue following a car accident. Economic and non-economic damages will encompass most of the damages for which you may be eligible.

Economic damages are typically tangible, such as medical costs, repair costs for your vehicle, lost wages while you were tending to injuries, and more. Calculating economic damages is straightforward: you can add up the bills or lost wages and easily present them in court.

Non-economic damages are typically intangible and, therefore, more complex to calculate. Non-economic damages consist of pain and suffering, emotional distress, loss of enjoyment of life, and more. Your experienced lawyer can help you calculate these losses to pursue compensation adequately.

As each accident is different, damages may vary widely based on the injuries’ severity, the circumstances surrounding the liability of all parties, and more.

Steps to Take Following an Accident

It’s important to assess the injuries of all parties following an accident. Call emergency services as needed. Report the accident to the local authorities, and, if possible, move the vehicles involved to a safe place, such as the side of the road or a side road, to help avoid secondary accidents and preserve the safety of emergency responders.

When possible, gather the contact info of all parties involved any eyewitness contact information. Take pictures or video of all vehicles involved, the roadway (this may be helpful if the roads were slippery or poorly maintained), and any defining factors of the area, such as intersection road signs.

Be reserved when you speak with your insurance company. Try to provide facts only and avoid assuming fault. Let your experienced attorney handle communication to avoid inadvertently assuming fault and, therefore, lessening the compensation you may be able to pursue.

Seek medical attention, even if you feel that there aren’t severe injuries involved. Some symptoms may not present immediately due to adrenaline or other reasons.

Decades of Experience and Dedication Sets Us Apart

For decades and over 2,000 cases, our legal team has helped countless clients and their families protect themselves when they need it the most. From negotiating with other parties and gathering necessary evidence to fiercely representing them when necessary, we have vast experience and commitment to our clients.

Your best interests are what is important to us, no matter what. We will work with you to formulate a winning strategy that we can pursue to ensure that you aren’t left settling for far less than you deserve after what you have been through.

Contact our office today at (803) 855-1012 to schedule your free initial consultation and learn more about why our clients are beyond satisfied with our compassionate and competent approach to those we represent.

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