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How is Liability Established in a Boston Rideshare Accident?

Ridesharing services like Uber and Lyft have revolutionized transportation in Boston and across the nation. With just a few taps on a smartphone, a ride can be summoned to your location within minutes. However, this convenience does not come without risks. Rideshare accidents have become increasingly common, leaving many passengers wondering about their legal rights and how liability is determined in these unique situations. At Altman Nussbaum Shunnarah, our experienced Boston rideshare accident attorneys are here to help you understand this complex issue.

The Complex Nature of Rideshare Accident Liability

Establishing liability in a rideshare accident is often more complex than in a typical car accident. This is because there are multiple parties involved – the rideshare company, the driver, and potentially other motorists. The question of liability often hinges on the driver’s status at the time of the accident.

Driver’s Status is Key

Rideshare companies like Uber and Lyft classify their drivers as independent contractors rather than employees. This classification has significant implications for liability. Generally, if the driver is considered an independent contractor, the rideshare company may deny liability for the driver’s actions. However, the driver’s status at the time of the accident is crucial:

• Driver not logged into app: If the driver is not logged into the rideshare app, they are considered off-duty. In this case, the rideshare company will likely deny any liability, and the claim will proceed as it would in any other car accident, with the at-fault driver’s personal insurance being primarily responsible.
• Driver logged in and waiting for ride request: If the driver has logged into the rideshare app and is on standby for a request, rideshare companies provide limited liability coverage if the driver’s personal insurance does not apply.
• Driver actively fulfilling a ride request: If the accident occurs while the driver is on their way to pick up a passenger or is transporting a passenger, Uber and Lyft provide more substantial liability coverage, usually up to $1 million.

Proving Negligence is Still Necessary

Regardless of the driver’s status, it is still necessary to prove that the rideshare driver was at fault for the accident in order to hold them or the rideshare company liable. This involves showing that the driver was negligent – that they failed to exercise reasonable care and that this failure caused the accident and your injuries.

Examples of driver negligence could include:

• Distracted driving, such as using a phone while driving
• Speeding or reckless driving
• Driving under the influence of drugs or alcohol
• Failing to obey traffic laws

Proving negligence often requires a thorough investigation, including reviewing police reports, witness statements, and sometimes even accident reconstruction.

The Role of Insurance

Insurance plays a critical role in rideshare accident cases. Both Uber and Lyft carry substantial liability insurance to cover accidents involving their drivers. However, the applicability of this insurance depends on the driver’s status, as discussed above.

It is important to note that rideshare drivers are required to carry their own personal auto insurance. In some cases, this personal insurance may provide coverage for an accident. However, many personal auto policies have a “business use exception” that may void coverage if the driver was using the vehicle for commercial purposes, i.e., driving for Uber or Lyft.

Why You Need a Boston Rideshare Accident Attorney

Rideshare accident cases are not your typical car accident cases. They involve multiple parties, complex questions of liability, and, often, large corporate entities with robust legal teams. Trying to navigate this complex legal landscape on your own can be daunting and may result in you not receiving the compensation you deserve.

It is in such situations that the team at Altman Nussbaum Shunnarah can help. Our experienced Boston rideshare accident attorneys have a deep understanding of the unique legal issues involved in these cases. We can enlighten you on your rights, get in touch with insurance companies on your behalf, and advocate for the compensation you need to recover from your injuries.

We are Here to Help

At Altman Nussbaum Shunnarah, our attorneys have extensive experience handling these unique cases. We can help you get through the legal process, deal with insurance companies, and fight for the compensation you deserve.

If you have been involved in a rideshare accident in Boston, do not hesitate to reach out to us. We offer free consultations and work to ensure you are compensated for your troubles in Boston. Let us handle the legal complexities while you focus on your recovery.