Tucson Rideshare Accident Lawyers
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It seems we can’t go anywhere these days without seeing Uber or Lyft decals displayed on the front windshields of cars. In many ways, the expansion of ridesharing has benefited our communities, but unfortunately it comes with a price too, and we aren’t referring to the surge fee. One study has shown that ridesharing has caused a 3% increase in annual fatalities due to auto accidents, amounting to about 987 deaths per year. That’s why it’s always important to know experienced Tucson rideshare accident lawyers.
If you lost a loved one in a rideshare accident, or you were injured in one, call our Zinda Law Group Tucson rideshare accident lawyers today. Our personal injury attorneys are familiar with accident cases involving rideshare vehicles. We are able and willing to help you take on the legal battle ahead. For free consultation guidance on how to file your rideshare accident injury case in Arizona, call Zinda Law Group at (800) 863-5312 today.
THE INS AND OUTS OF RIDESHARE ACCIDENT LAWSUITS
Maybe you grabbed an Uber out of Tucson International Airport and your driver got in an accident, or maybe you were picking up your friend from the airport and were hit by a rideshare driver. Whatever the circumstances of the accident are, it is overwhelming. You might start asking yourself, “Should I call an injury lawyer near me?” The answer to that question is yes, you should, but only so that you can focus on recovering and we can take care of everything else.
To ease your mind, below we have explained some of the “ins and outs” of these types of accidents and lawsuits surrounding them. However, if you have any other questions, keep in mind that our Tucson rideshare accident lawyers are just a phone call away with answers.
Why These Accidents Are So Common and Dangerous
As rideshare drivers for services like Uber and Lyft have become increasingly visible, so have the risks that come along with their services. Distracted and drowsy driving have always been two of the biggest causes of car accidents in Tucson, and rideshare drivers—by the very nature of their jobs—are affected by both.
Many rideshare drivers work multiple jobs on top of their job with Uber and Lyft, and therefore can be exhausted by the time that they start picking up fares. Even if it is their only job, driving multiple hours non-stop would make anyone exhausted. This, combined with the other distractions of the job, can be very dangerous.
In addition to struggling with the distraction of drowsiness, rideshare drivers also have to manage their app while they are driving. Not only are they paying attention to the directions for the trip they are on, but they also need to be looking out for new trips and accepting or denying them. Just as texting is a dangerous activity, so is this! Therefore, it is no surprise that oftentimes rideshare drivers will get distracted and cause accidents.
Drivers can even get distracted and cause accidents when their backseat is empty. Because drivers usually don’t know who they are picking up or necessarily where that person is, they oftentimes have to look around their surroundings and stop and go quite a bit before they find their passenger. Sometimes they’ll need to make sudden stops if they pass where they are going, or if they see their passenger wave them down. These common distractions—especially at busy places like airports—can be extremely dangerous to other drivers around.
Why These Accidents Are Complicated
In some ways, rideshare accidents are just like any other accident, such as in the sense that the person who was not at fault should be able to recover compensation for their injuries. In other ways, however, these cases can be a bit more complicated. The biggest reason that these cases are complex is that sometimes it isn’t clear who exactly should be the defendant.
Sometimes the Lyft or Uber driver is clearly at fault, but on occasion that could render the rideshare provider company at fault too. Additionally, if it is unclear whether the driver was just driving around for personal reasons or was actually “on the clock,” it can be confusing whose insurance company is responsible, the driver’s or the provider’s. Occasionally there are even other parties who could be responsible, like the manufacturer of your Uber driver’s car.
Another reason these lawsuits can be complicated is that these rideshare companies are huge and very successful, and because of that, they have insurance companies that will fight you tooth and nail to keep you from getting any compensation at all. The insurance company that Uber or Lyft hires has one incentive: to make profit. That means if there is anything they can do to keep themselves from having to pay you out, they will do it, even if it means calling and tricking you to get an admission of fault that may help their case.
You shouldn’t have to deal with the rideshare provider’s insurance company all on your own, which is why our Tucson injury lawyers are able and willing to take on that task for you. Our experienced personal injury lawyers know how to investigate these claims and how to fight for you in an Arizona court if necessary to get the compensation you deserve.
An Overview of the Process
After your 100% free consultation with one of our Tucson accident lawyers, our lawyers will assess your case and help you figure out what type of cause of action you might have. Then, our Tucson injury lawyers will dig deep into what happened and who was at fault. During this investigation process, they may need some help from you, such as help getting them the documents they need about your medical expenses or property damage.
After this investigatory period, our Tucson rideshare accident lawyers will then negotiate with the insurance company that is working for the defendants. If the insurance company makes a settlement offer that you are comfortable with, then you can reserve your right to sue them and accept the award. If the company doesn’t suggest an amount that you are comfortable with, our Tucson accident lawyer will then take the case to trial.
CAUSES OF ACTION
There are different types of causes of action that you as the plaintiff might assert. What you need to prove will depend on the type of cause of action.
The most common cause of action is negligence. By asserting negligence, you are arguing that the defendant owed you a duty of care and breached that duty, which then caused you damages. Thus, the four elements you need to prove are: duty, breach, causation, and damages.
If the cause of the accident was a defective product, such as malfunctioning brakes in the Uber driver’s car, then you would bring a products liability lawsuit. To prove product liability, you would need to prove,
- a) that the product was defective,
- b) that the defective property caused you to have a loss of property or injury, and
- c) that the product was used as a reasonable individual would have.
In Arizona, this type of claim can also be based on strict liability, which is easier to prove because it does not matter whether the defendant was negligent or not.
If you unfortunately lost a loved one in a rideshare car accident, your cause of action would then be wrongful death. In Arizona, this is defined as a death that was caused by “a wrongful act, neglect, or default.” To prove a wrongful death cause of action, the plaintiff needs to show that the defendant was negligent.
Why Hire a Zinda Law Group Tucson Rideshare Accident Lawyer
This may seem like a lot of information, but you don’t need to remember all of it yourself; hiring an attorney who already knows all these facts can relieve you of most of the burden. Our experienced Tucson rideshare accident lawyers take care of this burden for you by investigating your case and determining what cause of action you might have and how to go about proving it.
After filing the case in court, your Tucson injury lawyer will litigate any pre-trial motions necessary; after that is done, the case will go to trial. At any point up until the case goes to the jury, the insurance company can make an offer and you can accept. If a settlement doesn’t take place, then it is up to the jury to decide if you have prevailed and, if so, how much compensation you should be awarded.
Securing Compensation for Your Losses
The compensation you receive may also depend on the claim that you bring; generally you will be entitled to two kinds of damages: economic damages and non-economic damages. Together, these cover expenses like your medical bills and property loss as well as compensation for things like your pain and suffering. If your claim is for wrongful death, you may receive funeral and burial expenses as well as the lost wages and benefits that your loved one would have earned if he or she was not deceased.
In Arizona, a plaintiff can also be awarded punitive damages. These damages require the defendant to compensate the victims as a means of punishment for their poor actions. These damages can vary in amount; they can also be difficult to prove in court, which is a good reason why it is so important to hire an experienced Tucson accident lawyer.
WHAT A PASSENGER SHOULD DO AFTER A RIDESHARE ACCIDENT
Unfortunately, there are no options on the Uber or Lyft apps to elect out of accidents during your rides, but although you can’t prevent accidents, you can prepare yourself for how you will respond to them. If you were a passenger in a rideshare vehicle and were injured in an accident, take these following steps to best prepare yourself for success:
1. Make Sure the Police Are Called
Your driver and the other driver may be fine, and the property damage may not be bad, so they may not feel like calling the police, but you should make sure that they do. It is important that the police come to the scene and fill out a report so that there is a written record of the accident occurring. If the police don’t come and you later on need to sue for compensation, it could be your word against the drivers; when the officer writes the report, make sure it includes that you were a paying passenger when the accident occurred, and make sure you get a copy of the report.
2. Get Checked Out by Medical Personnel
When the police arrive, medical personnel should come to the scene as well. If they ask you if you want to get checked out, it is in your best interest to say yes, even if your injuries don’t feel too serious in the moment; many common injuries from car accidents may start off seeming to not be serious but then can escalate if left untreated overtime. It is very important that you put your health and wellbeing first, even if that means holding up your Uber driver from carrying on with his or her shift.
3. Document Everything
Don’t leave that up to the police; you should also document everything that you can. Take pictures of the cars and their damage as well as any visible injuries you have. It is required that your driver have a decal on his or her windshield indicating what rideshare provider they work for; take a picture of that decal as well.
You should also write down the contact information of your rideshare driver, the other driver, and any witnesses that were present. Having the contact information of the witnesses can help later on if we need to file the case in court.
4. Call Zinda Law Group
In Arizona, you generally will only have two years to bring your lawsuit, and although that seems like a good stretch of time, the earlier you call an attorney the better. At Zinda Law Group our Tucson rideshare accident lawyers are experienced, driven, and empathetic attorneys who are waiting to help you take the first step towards getting the compensation you deserve for your injuries.
WHAT THE OTHER DRIVER SHOULD DO AFTER A RIDESHARE ACCIDENT
If you were injured in a car accident caused by another driver who works for a rideshare company, take the following steps to best set yourself up for success:
1. Call the Police
In order for you to be compensated to the maximum potential possible later on, it is very important that there be documentation of the accident that confirms that the other driver was “on the clock” at the time of the accident. In order for their rideshare provider’s insurance plan to kick in, the driver must have been in the process of providing a ride or waiting for a fare; thus, even if the damage doesn’t seem to be too bad, you should always call the police to the scene. When they are there, make sure it is written in the report that the other driver works for the rideshare provider and was either in the process of making a rideshare job-related trip or was waiting for a rideshare job-related trip at the time of the accident.
2. Get Checked Out By Medical Personnel
Even if your injuries don’t seem severe, it is always a good idea to get checked out by a doctor as soon as you can. Many injuries if left untreated can get worse and can even become fatal.
3. Document Everything
In addition to making sure that the police report is representative of what happened, you should also document everything yourself as well. Take down the other driver’s name and insurance information. If they had a passenger in their car take down that person’s name and information too as well as any other witnesses who saw the accident.
If you are well enough to, try to take pictures of the physical damage to the cars and of any visible injuries you have. The other driver should have a decal on that vehicle signifying the rideshare provider they work for, and if you can, you should take a picture of that as well.
4. Call Zinda Law Group
Even if it may feel like a “normal” car accident, it is Uber or Lyft’s insurance company whom you will be fighting with, which is why it is so important to retain an experienced Tucson rideshare accident lawyer as soon as you can. At Zinda Law Group, our experienced injury lawyers know how to thoroughly investigate these accidents and prove that the other driver was at fault, thereby getting you the compensation that you deserve.
DON’T WAIT; CALL ZINDA LAW GROUP to speak to our Tucson Rideshare Accident Lawyers TODAY FOR YOUR FREE CONSULTATION
Our personal injury lawyers at Zinda Law Group know that if you or a loved one has been in a tragic accident, you have likely struggled financially, and we don’t want to make that hardship any worse. So, in addition to providing 100% free consultations, our lawyers also offer a “No Win, No Fee Guarantee.” That means that if we are not successful in winning your case, then you do not owe us a dime; to take advantage of this offer, call us today at (800) 863-5312.
Meetings with attorneys are available by appointment only.