Ridesharing is more common than most people think. Not only does it include services such as Uber and Lyft, it also includes carpooling to school, work, events, etc.
When an accident happens, a rideshare accident attorney in Kansas City helps those affected receive due compensation for their injuries—both physical and emotional.
Our blog explains how rideshares work, what can cause accidents, and how an individual can protect their rights in those worst-case scenarios with the help of an experienced attorney.
The Two Types of Rideshares
Ridesharing doesn’t require that payment be made, nor that the driver be “licensed” for this specific role.
Personal Rideshare (Carpooling)
Carpooling involves a vehicle driver who’s driving to a specific location and allows others to join them without payment or fees due for “service.”
Commercial Rideshare (Uber & Lyft)
Uber and Lyft drivers are considered “common carriers.” As such, they are paid to provide safe transportation from point of pickup to destination.
The Difference Between Lyft and Uber
Starting in 2009, Uber pioneered the ride-hailing industry with the launch of its on-demand service. Since then, Uber has experienced remarkable growth, expanding rapidly in both ride-hailing and delivery services across all U.S. states and in more than 700 cities worldwide.
Lyft entered the ride-hailing market in 2012, launching in San Francisco. By April 2014, Lyft was operating in over 60 cities. Currently, Lyft serves 46 U.S. states and Canada.
Number of Rideshare Accidents
Though the percentage of rideshare trip accidents may be on the low side for certain types of rideshare, they do still occur.
Carpooling Accidents
Because carpooling is intrinsically voluntary and therefore unregulated, public data is limited on the number of accidents that happen involving individuals choosing this form of ridesharing.
However, carpooling’s impact on traffic has been observed, and is generally considered positive. According to a recent article, carpooling reduces the number of cars on the road, which in turn reduces the chances of accident/collision.
Uber/Lyft Accidents
For commercial ridesharing companies, a CDC study done in New York City discovered that these services (almost 100% Uber and Lyft) increased the number of cars on the road.
By default, an increase in vehicular traffic will raise the number of interactions between
motor vehicles and other road users—and therefore, raise the number of accidents. The increase in traffic is due to:
- Rideshare drivers traveling between passenger pickups and drop offs.
- Ridesharing replaces other forms of transit, especially ones that carry more passengers.
Related topic: Protecting an individual’s rights with an Uber accident attorney in Kansas City.
Common Causes of Rideshare Accidents
Both professional and personal ridesharing have accident causes that are common across the country.
Distracted Driving
Distracted driving is considered to be the most common cause of car accidents across all drivers. Distractions can include using a cellphone, eating, or talking to passengers.
Driving Under the Influence
Driving while impaired by drugs or alcohol can cause slower reaction times, reduced coordination, and impaired judgment. This happens more frequently when groups travel together to nightclubs or to events that offer alcohol.
This can be avoided by planning for a “designated driver” to be involved in the transportation.
Speeding
Speeding can decrease time for reaction and make safety devices like guardrails less effective. Planning to leave with extra time to arrive helps to remove the desire to surpass posted speed limits.
Reckless/Aggressive Driving
This includes tailgating, weaving in and out of traffic, and cutting off other drivers.
Poor Road Conditions
Driving can be difficult in bad weather, such as in rain or snow, and cars can slide off the road.
Adverse Weather Conditions
Rain, fog, or winter storms can reduce a driver’s visibility, making it hard to react.
Unsafe Lane Changes
Changing lanes without paying attention or when it’s not legal can cause collisions. Additionally, the lack of turn signal usage is illegal and can contribute to an accident.
Vehicle Defects
Vehicle defects can contribute to road crashes. When carpooling, the vehicle owner may or may not have heeded both manufacturer recalls and/or mechanical repair suggestions.
Commercial Rideshare Accident Causes
Many of these causes are similar to carpooling issues. However, in the case of commercial ridesharing, the driver is paid to provide safe transport.
Related topic: Finding the best Lyft accident attorney in Kansas City.
Inexperienced Drivers
Commercial ridesharing drivers tend to skew younger. This means that the younger driver may have relatively little driving experience before being hired, which can increase crash risk.
As an example, an experienced driver may notice hazardous road conditions and avoid them accordingly, whereas an inexperienced driver might not recognize the danger of such conditions.
Distracted Driving
Distracted driving is a primary cause of rideshare accidents. Uber and Lyft drivers have more distractions than an average driver. Not only are they watching the road, but they’re also monitoring their app and communicating with or monitoring the actions of their occupants.
Unfamiliar Roads
An Uber or Lyft driver may accept a fare at a location in which the driver is unfamiliar. This new driving area could have specific traffic flow that’s unknown to the driver (one-way streets, unusual crossovers, etc.), and there may be other obstructions or restrictions of which the driver is unaware.
Driver Fatigue
Driver fatigue has the potential to significantly elevate the risk of an accident by:
- Diminishing reaction time.
- Impairing their ability to steer.
- Hindering their capacity to maintain safe distance from other vehicles.
Reckless Driving/Speeding
Similar to carpooling drivers, faster is not always better. When a driver chooses to exceed posted speed limits, they can encroach on vehicles following the law. This can result in dangerous driving factors, including:
- Shortened reaction time windows.
- Tailgating.
- Weaving in and out of traffic.
- Road rage.
Not Following Signals/Signs
Uber or Lyft drivers may be involved in accidents if they don’t:
- Yield the right of way at intersections.
- Yield as necessary when merging onto highways.
- Stop at red lights or stop signs.
Mechanical Failures
Unexpected mechanical failures, such as brake failures or tire blowouts, can also cause accidents.
Cyclist Collisions
The increase in traffic also creates a heightened danger for cyclists who share the road. These dangers include not only moving vehicles, but passengers who open their doors onto the direct path of cyclists.
Related topic: The importance of a rideshare injury lawyer in Kansas City for compensation.
What to Do After a Rideshare Accident
If an individual has been involved in a rideshare accident, they should:
- Call 911 to report an accident.
- Take photos of the vehicles involved if safe to do so.
- Take photos of the accident scene, including streets, road signs, etc, if safe to do so.
- Record the name and contact information of the drivers.
- Get the personal insurance information from the driver and any other involved driver(s).
- Ask for the names, addresses, and phone numbers of any witnesses.
- Make sure your pictures include the license plate numbers of any vehicle(s) involved.
Gather Police Information
The police are there to help. An individual will be questioned about the accident, and while that happens, they should get the officer’s name, badge number, and case file number for reference.
All of this information can help your rideshare accident attorney in Kansas City build the case that protects your rights to fair compensation.
Always Seek Medical Attention
If you’re involved in a ridesharing accident, you should seek medical attention, even if the event seems minor. An injury may not show up immediately. Delayed injury may become apparent hours, days, or even weeks after the initial trauma.
Types of Delayed Injury
Though delayed injuries may take time to show up, they can still be life threatening.
Blood Clots
Blood clots may form as a result of blunt force trauma. While the clots themselves may not be inherently dangerous, severe complications may arise if a clot dislodges and travels to the lungs or brain. Symptoms may mimic less severe conditions or be mistaken for normal soreness in the aftermath of an accident.
Traumatic Brain Injury (TBI)
A traumatic brain injury can occur if the brain experiences a sudden jolt in multiple directions, or hits a part of the vehicle or other structure.
Soft Tissue Injuries
Injuries to soft tissues, including but not limited to sprains, strains, and whiplash, may result in significant pain once symptoms manifest.
Back Injuries
In certain cases, swelling or bleeding near the spinal cord may result in numbness or paralysis.
Internal Injuries
Internal injuries, including internal bleeding, may not present themselves immediately but can be life threatening. A primary symptom is abdominal pain. Should an individual experience severe abdominal discomfort in the days following an accident, it is imperative to seek medical attention without delay.
It’s crucial to monitor and treat potential injuries for the sake of an individual’s health and ability to receive financial compensation for their injuries.
Possible Forms of Due Compensation
An experienced rideshare accident attorney in Kansas City helps individuals protect their rights to compensation for a rideshare accident. This compensation can help with:
- Medical Expenses. This encompasses the costs associated with hospital stays, surgeries, medications, physician consultations, physical therapy, and other relevant medical expenditures. It also extends to both past and future expenses arising from any disabilities and ongoing healthcare needs.
- Lost Wages. This includes compensation for income lost as a result of missed work, as well as damages for future lost earnings and any reduction in earning capacity due to the injury.
- Property Damage. Compensation under this category may cover the cost of repairing or replacing personal property, including items such as cellphones, laptops, clothing, and motor vehicles.
- Pain and Suffering. This refers to compensation for both the physical and emotional distress endured as a result of the accident.
- Punitive Damages. In cases of egregious or particularly reprehensible conduct, punitive damages may be awarded as a means of punishing the wrongdoer and deterring similar behavior.
- Wrongful Death. In the event of a fatality, damages may be sought in lawsuits filed by surviving family members, compensating them for their loss.
Compensation Amount
The amount of compensation you can receive can vary significantly depending on a number of factors, including:
- Seriousness of injuries.
- Circumstances of the collision.
- Person/company at fault.
- Medical costs.
- Driver’s insurance policy limits.
Why an Individual Needs a Rideshare Accident Attorney
In Kansas City, representation is key to protecting the rights of the injured.
Facing Commercial Goliaths
Victims of commercial rideshare accidents need an experienced rideshare accident attorney in Kansas City to ensure their rights are upheld.
Non-Commercial Accidents
Though carpooling can be a voluntary and friendly way to share expenses, an accident can mean a great deal of personal loss. In this instance, understanding your rights to fair compensation, along with the right legal representation, can help you face insurance companies with confidence and competence.
Working With Bartimus Frickleton Robertson Rader
Recognizing that every case is unique, our first priority is to get to know you and your family on a personal level. We will sit down with you to understand your situation while taking immediate steps to ensure that crucial evidence is preserved.
Our team will conduct a comprehensive investigation to:
- Identify those responsible.
- Establish the facts.
- Explore all potential theories of liability.
We will also bring together a team of highly skilled experts to assist in the investigation and support your claims. Additionally, we will work closely with your doctors and independent medical professionals to assess your future healthcare needs and the associated costs.
In the aftermath of a tragedy, families seek more than legal answers. You deserve accountability for the losses you and/or your family have incurred.
Our goal is not just to achieve a legal outcome, but to be a source of comfort, compassion, and resolution during this difficult time.
Defend Your Rights After a Rideshare Accident
Whether the rideshare is carpooling or commercial based, an individual has enough on their plate putting the pieces back together. They need a rideshare accident attorney in Kansas City who has the experience to navigate the legal complexities of the case and protect an individual’s rights to due compensation.
Bartimus Frickleton Robertson Rader is a trusted name for rideshare injury cases. We deliver answers, accountability, and justice for victims of rideshare accidents.
Get in contact with an attorney today, or call (913) 266-2300 to speak with one of our team members. We also highly recommend using our unique virtual case tool to explore your options.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
