CALL (800) 863-5312 to talk to Phoenix Uber and Lyft injury lawyers
Visitors and residents have increasingly more ways to get around Phoenix. In addition to traditional taxis and limos, there are Blacklane, Carmel, Lyft, SuperShuttle, Uber, and Zum. The drivers who work for those companies are expected to drive safely while on duty, but negligent drivers fail to exercise the appropriate duty of care. After crashes involving rideshare vehicles, Phoenix Uber and Lyft injury lawyers help rideshare accident victims receive compensation for their injuries.
Rideshare services like Uber and Lyft facilitate a symbiotic relationship between drivers and passengers. But that relationship can quickly turn sour when the driver causes an accident. This article will discuss what to do if you are the victim of a rideshare accident.
Cases that Phoenix Uber accident lawyers take
To start, it’s important to know the kinds of cases that a Phoenix Uber and Lyft accident lawyers accept. While this might sound straightforward to some, it is more complex than it initially seems. The Zinda Law Group attorneys accept cases that deal with personal injury plaintiffs. The information in this article does not constitute legal advice, but it can help you understand your options in the legal system.
What It Means to Be a Phoenix Personal Injury Attorney
Personal injury is an area of law that covers three kinds of claims: intentional wrongs that result from the noncriminal act of a defendant, strict liability for an action regardless of the defendant’s intent, and negligence. Negligence is the most common legal theory for personal injury claims. A duty of a personal injury attorney is to help a client prove negligence was what caused their client’s injury.
Under a theory of negligence, the victim files a claim against the defendant alleging that the defendant failed to behave with the level of care that an ordinary person would take in a similar situation. The victim must specifically state that the defendant owed the victim a duty of care. Then it must be proved that the defendant breached his or her duty of care, the victim suffered an injury for which he or she can legally receive compensation, and it was the defendant who caused the victim’s injury.
Note that there are many kinds of claims, namely criminal claims, that do not have to do with personal injury. If someone wrongfully impersonates a rideshare driver or kidnaps a passenger, he or she has committed a crime. See the section of this article about rideshare safety to avoid being the victim of a rideshare crime.
What It Means to Be a Plaintiff in a Phoenix Rideshare Accident Case
The plaintiff is the person who brings the case against the defendant, which typically means that the defendant has wronged the plaintiff in some way. After the plaintiff files the complaint against the defendant, the defendant has a chance to respond and possibly bring counterclaims against the plaintiff.
A Phoenix Lyft accident lawyer at Zinda Law Group focuses on the victims who have been hurt by negligent rideshare drivers. Later, we will discuss the specific ways attorneys assist clients in getting the compensation they deserve.
If the victim’s negligence also caused the accident, a Phoenix Uber accident lawyer can still help. This is because Arizona is a comparative negligence state, which means that the amount of compensation awarded to the plaintiff at trial is reduced by the percentage of negligence for which the plaintiff is responsible. For example, if a jury finds that the plaintiff was 30% at fault for the accident and the defendant was 70% at fault and the jury awards the plaintiff $100,000, then that amount is reduced so that the plaintiff only receives $70,000.
For a free legal consultation with a rideshare accidents lawyer serving Phoenix, call 800-863-5312
Whom to sue in a Phoenix Uber or Lyft accident
We have established that a plaintiff sues a defendant in personal injury lawsuits, but who exactly is the defendant? The defendant is the person or people at fault for the accident, and a determination of fault relies entirely on the unique facts of a case.
Attorneys and clients uncover the facts of a case by speaking to those involved, including the parties directly involved in the accident and witnesses who saw the accident. If the case goes to trial, the jury determines who was at fault. Usually, though, the parties can determine fault and come to a settlement agreement instead of going to trial.
In a rideshare case, the Uber or Lyft driver could be working on behalf of his or her employer. In those cases, the rideshare company could step into the place of the rideshare driver and take responsibility for the accident. The company, then, can become a defendant in a claim or lawsuit.
In the past, Uber and Lyft often made the argument that their employees are independent contractors. Thus they claimed that rideshare companies do not have to pay out for the negligence of their drivers, but courts have begun to reject those arguments. A Phoenix injury lawyer can help you decide whether it is appropriate for you to sue both the rideshare company and the driver.
Rideshare Accident in Phoenix lawyers near me 800-863-5312
What to do after a Phoenix rideshare accident
If you are reading this, it is likely that you have been in a rideshare accident in Arizona. Because of that, you may have already completed some of the steps below. Keep reading to see if there is still anything that you should do following the accident.
If you have not been in a rideshare accident in Phoenix but still want to know what you should do if you find yourself in that situation, keep reading. This information may help you prepare for potential car accidents in the future.
While you might find this article helpful, it cannot replace the advice of an attorney because it cannot anticipate the particular facts of any accident you are in. After a rideshare accident, speak with a Phoenix Uber accident lawyer to learn whether you have a strong case. If you do, he or she will help you form a legal strategy for your case.
Get Medical Help if Necessary
If you require emergency medical help, call an ambulance or have someone else call an ambulance. You will not be able to gather information from the scene of the accident, but you can rely on the crash report and witness statements to put together those pieces of the story.
If you do not require emergency medical help, schedule a visit to your doctor shortly after the accident to make sure that you have not suffered from injuries that are not yet clear. For example, the pain of lacerations and bruising might make it more difficult for you to detect a head injury or spinal injury.
As you make appointments with medical providers, keep a record of which providers you visited, the diagnoses and treatment you received, and the cost of the visits and treatment. This information will be most helpful to your attorney when he or she is determining the amount to seek in compensation on your behalf.
If you do not think you have been seriously injured and can exit your vehicle, start gathering evidence by recording the name, contact information, and insurance carrier of the rideshare driver and any other drivers involved in the crash. Get the contact information of any witnesses who saw the accident as well. Remember to take pictures of the vehicles and the scene of the accident, including any obstacles that might have led to the accident.
File Your Claim
Finally, consult with a lawyer to determine whether you should file your claim. If a Phoenix Lyft accident lawyer agrees that you should file, follow his or her advice accordingly. Your lawyer can negotiate with the other parties’ insurance companies and lawyers to try and get you an appropriate settlement. In some cases, you can take your case to trial.
The appropriate amount of compensation is determined by the economic and noneconomic damages you incurred. Economic damages include your medical bills and missed wages from time off work. Noneconomic damages include the pain and suffering you experienced because of the accident.
What Damages do You Get for a Phoenix Rideshare Accident?
Your Phoenix rideshare accident lawyer can focus on all possible damages caused by your collision. Depending on your specific situation, you may receive funds to cover your:
Current and Future Healthcare Expenses
Our law firm reviews the costs of hospitalization, surgery, ambulance transport, medications, physical therapy, and any other medical treatment required for accident injuries. We understand the high costs of medical treatment in Phoenix for injuries like concussions and broken bones.
Lost Income and Diminished Earning Capacity
We can help you track any wages lost due to missing work during recovery. If applicable, you may also claim compensation for lost bonuses, raises, and future loss of earning capacity.
Property Damage in a Rideshare Accident
Your rideshare accident lawyer in Phoenix, AZ, may help you seek compensation for repair or replacement costs for damage to vehicles, clothing, phones, glasses, luggage, or other personal property.
Pain and Suffering in Phoenix
We can focus on bringing you additional compensation for any physical pain, emotional distress, reduced mobility, PTSD, and diminished quality of life.
An experienced rideshare accident attorney in Phoenix, AZ, can help calculate and prove all applicable damages to maximize compensation on your behalf. We stand up for you and focus on your best interests throughout your legal case.
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Are Lyft and Uber Responsible for Rideshare Accidents in Phoenix, Arizona?
Lyft and Uber can potentially share responsibility for rideshare accidents, but their liability depends on the specific circumstances. In many cases, liability depends on whether the driver had logged into the app at the time of the collision.
Uber and Lyft require drivers to carry insurance policies that cover injuries to passengers and third parties. The companies are responsible for ensuring adequate insurance coverage exists and may have to cover your losses if the accident occurred while the driver was logged in.
You can learn more about potential liability with a Phoenix rideshare accident lawyer.
Stay safe while using rideshares in Phoenix, AZ
Rideshare companies help keep roads safe by providing an easy alternative to drunk driving or walking (yes, it is even dangerous to walk home while intoxicated), but there are also unique dangers of using rideshare apps. People can use the popularity of rideshare services to impersonate Uber or Lyft drivers and kidnap passengers who are waiting on their real rideshare drivers. These impersonators might even use a rideshare logo, since the logos are easy to copy or buy.
Use the following tips to stay safe while using rideshare services:
Stay in a Group
It is more difficult for a rideshare impersonator to single out potential victims when there is a group of people. If you went out with a group of friends, stay with that group for as long as possible. Do not leave the group or stand outside alone until you have been notified by the rideshare app that your ride has arrived. Likewise, if you are out alone, do not exit the building or public area until your ride arrives.
When you receive the notification that your ride is there to pick you up, sit in the back seat so that you can enter and exit the vehicle from either side and avoid walking into moving traffic. You can even avoid being alone with the rideshare driver by using a carpool service. Both Uber and Lyft offer carpool services that allow you to share the vehicle with other passengers for part of the ride.
Tell Your Friends and Family When You Use Rideshares
If you cannot keep a group around you in person, have a virtual crowd on the lookout for your wellbeing. Let your friends or your family members know that you are using a rideshare service and send them a picture of the vehicle’s license plate. If your friends and family do not hear from you for a few days, the license plate number provides an excellent starting place for authorities to determine your whereabouts.
You can also share your location with friends and family members through Google Maps if you want them to be able to see where you are at any given time. Follow along the route yourself during your ride to confirm that the driver is staying on the correct path.
Share Your Rideshare Passenger Status
Finally, several rideshare services have created an option for you to send the status of your ride to friends and family—“Send ETA” for Lyft and “Share Status” for Uber. The selected friends or family members receive a text that includes details about their loved one’s ride, including the vehicle’s license plate number and location, and the driver’s name and picture.
Confirm Your Driver’s Information
Before you get in the car, make sure you have the correct driver. Ask the driver his or her name and the name of the passenger he or she is supposed to pick up. Do not offer your own name or the name of the driver who is supposed to pick you up. Instead, make the driver say the names first and confirm that information against the information on the app.
Uber and Lyft have a feature through which passengers can rate and share information about their experiences with drivers. You will be able to see that information before your driver picks you up. If some of the comments by past passengers make you uneasy about your driver, you may cancel your ride and request a ride from a different driver.
If You Sense Something Wrong
Hopefully, if you follow the safety tips above, you will not find yourself in an emergency situation with a rideshare driver. However, if you are already in the rideshare vehicle and you sense that something is wrong—such as if the driver is acting suspiciously, does not appear to match the profile on the rideshare app, or is taking you off of the route to your destination—call the Phoenix police.
If you can safely get out of the vehicle, do so immediately. Find the nearest, open, public building and distance yourself from the driver. Ask for help if there are people around.
The Phoenix Uber and Lyft injury lawyers at Zinda law group can hear your side of the story
The legal process can be extremely frustrating for a victim who did not cause the accident, especially when the victim navigates the legal system alone. A Phoenix car accident attorney can take care of the legal elements mentioned earlier: filing your claim, gathering evidence during the discovery period, negotiating a settlement, and even going to trial if necessary. Even if you feel your injury is minor, do not leave any “what ifs” when it comes to your health, your time, and your money in the aftermath of the accident.
Do not let the emotional and financial stress of the legal process stop you from getting the compensation you deserve. Our experienced Phoenix Lyft accident lawyers know the kind of pain and suffering you have gone through because we have helped victims in Phoenix like you. To ease your stress, Zinda Law Group offers a No Win, No Fee Guarantee, meaning that our clients do not pay us unless we win their cases for them. Plus, your initial consultation with a Zinda Law Group Phoenix injury lawyer is free.
Call (800) 863-5312 if you have been in a Phoenix car accident to schedule your consultation. Give your side of the story to an experienced Zinda Law Group lawyer. The sooner you do, the sooner we can inform you about your next steps and your likelihood of success.
Meetings with attorneys are available by appointment only.