This article is part two of a series relating to rideshare safety. Read part one here.
Why are pedestrians vulnerable in rideshare accidents? The fact is that many Uber or Lyft drivers navigate by using their cellular phones instead of street signs. These drivers juggle GPS navigation, pings from the app, and constant passenger ratings, all while driving through crowded intersections.
Follow these steps if you are a pedestrian or bicyclist hit by an Uber/Lyft driver.
Number one – the first action is always to call 911. As many pedestrian versus car accidents involve serious injuries, pedestrians rely on having EMS respond to the scene as fast as possible. When the police arrive, they can ensure the incident is properly reported and also perform an investigation as to the crash, take pictures, and interview possible witnesses.
If the police do not come quickly, make sure you obtain the names, addresses and telephone numbers of all drivers and witnesses. Take pictures. Your phone is usually not far from your hand. Taking pictures of vehicles, the street, the other people can be your most valuable evidence. Ask for and obtain the driver’s license and insurance card for the drivers; again, take pictures.
If you need medical assistance, listen to the EMTS and EMS professionals. They have the experience and deal with these types of incidents on a daily basis. You may feel fine, but many injuries are not visibly seen, especially concussions.
What should I do afterwards?
You may file a claim for Personal Injury Protection (PIP) if you own a car or someone in your household owns a car with PIP coverage. This is no-fault coverage, which does not affect your car insurance premiums and can help to cover your medical bills and lost wages. In Maryland, coverage can range from $2,500 to $10,000.
You have the right to sue the Uber/Lyft driver. But be aware, the amount of insurance coverage depends upon whether the driver was “on the app” and in what stage of the ride share event it is.
If the driver has the application turned off
A driver’s personal auto insurance covers the driver when the app is offline. Drivers must maintain personal automobile insurance at mandatory minimum limits and provide proof of your insurance to drive and deliver with a vehicle with Uber.
If the driver has the application on (waiting for request)
Uber provides a third-party liability insurance that covers the cost of injuries or damage in at least the following amounts:
- $50,000 per person and $100,000 per accident for injuries
- $25,000 in property damage per accident
- Maryland coverage includes uninsured/underinsured motorist coverage and contingent comprehensive and collision coverage which includes a $1000 deductible to the drivers.
If the driver is in route or has a passenger on-trip
Uber insurance covers at least $1,000,000 for property damage and injuries to riders and third parties involved in an accident where the Uber driver is at fault. Read Insurance to help protect you.
What type of damages can I get?
Economic Damages
Property damage to your bicycle or anything you were holding or carrying; unpaid medical bills and expenses related to your recovery; expenses for future medical care; lost wages for an inability to work or while you are healing; future lost wages if you suffer a disability that impacts your future earnings and job.
Non-Economic Damages
You are entitled to pain and suffering damages from your injuries, emotional distress, post-traumatic distress, and mental suffering.
If you have been hit by a rideshare vehicle while walking, you should be sure to file a claim with your No-Fault insurance provider. No-Fault benefits include Personal Injury Protection (PIP), Property Protection (PPI), and Residual Liability Insurance. This coverage can help cover medical bills and lost wages as well as provide compensation to any victims if you were at fault for the accident.
Other Ways to Protect Yourself?
Although Uber and Lyft perform background checks and vehicle inspections, they cannot anticipate every possible event. On some applications, drivers are rated and are required to maintain a minimum average rating to prevent deactivation. Drivers must also comply with company policies which prevent fraud, maintain safety standards and prevent discrimination.
- Share your trip details with a friend or family member. Let someone know when you are going out and provide them with your anticipated route.
- Be sure to carry a flashlight or wear reflective clothing if you are walking or biking in the dark.
- Obey all traffic regulations which means walking on the sidewalk where possible, biking in the marked bike lanes, crossing at the crosswalk where possible, and adhering to pedestrian walk signals at intersections.
- Always carry with you a cell phone, a picture identification, and if possible, your health insurance card, in case of an emergency.
Can a pedestrian be at fault?
The short answer is, yes. Dangerous actions like jaywalking, darting onto the roads, or crossing the street outside of the crosswalk can lead to a pedestrian being found contributorily negligent. If an accident occurs in Washington DC, there are additional protections for pedestrians and cyclists as DC follows comparative negligence, so even if your actions were dangerous, you may still be able to collect.
Call the experienced attorneys at Joseph, Greenwald, & Laake, P.A.
You can protect your legal rights. Experienced attorneys know how to get you fair compensation if you are injured in a pedestrian accident in Maryland, Virginia or the District of Columbia.
