Massachusetts residents rely on vehicles to go about their daily lives. If someone needs a ride but does not have a car, they can get an Uber or Lyft driver to pick them up. These rideshare services have exploded in popularity in recent years, and some customers are unfortunately injured in accidents.
If you were injured in a rideshare accident, we may help you hold the negligent driver responsible. Talk to an attorney as soon as possible, as you may have only a few short years to prepare and file your case. Get started by first calling for help and getting immediate medical attention, even if you do not think your injuries are serious. A lawyer can help you collect evidence to build your case and navigate the insurance process.
Get a free initial case review from our Uber and Lyft rideshare accident attorneys at the Law Office of John J. Sheehan by calling (617) 925-6407.
Who May Be Held Liable for a Rideshare Accident in Waltham?
Like any car accident, determining who is responsible for an accident with a Lyft or Uber vehicle may be challenging. Exactly what happened might still be unclear, and more than one driver might be responsible.
Many rideshare drivers are found to have negligently caused collisions. They are often distracted by their phone and the rideshare app they need to pick up passengers and receive GPS directions. They might also drive faster to complete more rides and earn more money. Distracted, speeding drivers are incredibly dangerous and may be held liable for a crash.
Another driver in the crash, other than the rideshare driver, may be to blame. Maybe they sped through a red light and crashed into the Uber you were taking to work. In that case, the other driver should be held responsible.
It is worth noting that it is difficult to hold rideshare companies, such as Uber or Lyft, liable for an accident. Since drivers are not rideshare employees but independent contractors, the laws of vicarious liability do not apply, and Uber or Lyft are usually not responsible for accidents caused by negligent drivers.
When You Must File a Rideshare Accident Case
While you might need time to recover from your injuries and consider your legal options, you should not wait too long. The statute of limitations in Massachusetts limits your time to file a case, and waiting too long might cost you everything.
In Massachusetts, the statute of limitations for personal injury claims under Mass. Gen. Laws Ch. 260 § 2A gives our Uber and Lyft rideshare accident attorneys 3 years to file your case in court. This limitation period may begin when the cause of action accrues, typically on the day of the collision. If the limitation period closes with nothing being filed, you might lose the right to bring the cause of action altogether.
Special circumstances may allow you to pause the clock on your case. In hit and run accidents, it might be hard for plaintiffs to file claims within the limitation period if they have no idea who the defendant is. As such, plaintiffs may have 6 months from when they discover the defendant’s identity to file, according to § 4B.
Another possibility is that you were young when the accident happened. Plaintiffs who were underage during the car accident may have the statute of limitations tolled under § 7. This way, they have 3 years from the day they turn 18 to file their cases.
What to Do Following an Accident with Lyft or Uber
The aftermath of a car accident with a Lyft or Uber driver can feel like an overwhelming whirlwind, but you must remain calm and take steps to get help, protect yourself, and start building a legal case.
Getting Immediate Help
Your top priority should be calling for emergency assistance after the collision. Even if you do not believe you have serious injuries, call 911 and have the police sent to your location. They may investigate and gather information we can use to support your case later.
You should also go to the doctor as soon as possible. If your injuries are severe, call an ambulance. Otherwise, have someone take you to the hospital and get evaluated. We need accurate medical records to prove to a jury how badly you were hurt.
Collecting Evidence
Your next step should be to collect evidence and record the accident scene. It is common for people in car accidents to take pictures of the scene, and these photos may be used as evidence in an insurance claim or lawsuit. You should also check for dashcam footage from your vehicle, the rideshare car, or some other car near the accident, as these cameras are becoming more prevalent.
Finding a Lawyer
Even if you are unsure about taking legal action, you should contact a lawyer to discuss your options as soon as you can. Your attorney should help you explore all your options so you can make a more informed decision about how to get fair financial compensation.
How Insurance Laws Affect Your Rideshare Accident Case in Waltham
Dealing with a car accident may be more complicated than you think because of insurance laws. Massachusetts adheres to a no-fault insurance system, where drivers are restricted from filing injury cases unless special conditions exist.
Massachusetts is one of several states following no-fault insurance laws. Drivers must carry personal injury protection (PIP) insurance that covers them without the need to prove fault. However, drivers may not sue for damages unless they have specific kinds of injuries.
According to Mass. Gen. Laws Ch. 231 § 6D, plaintiffs may file injury cases only if their medical expenses exceed $2,000 or their injuries must involve death, the loss of a body part, permanent and serious disfigurement, the loss of vision or hearing, or broken bones.
Many passengers in Uber or Lyft vehicles do not have auto insurance to cover their injuries. Those without insurance may be able to file an insurance claim with Uber or Lyft’s insurance. Available coverage may depend on certain facts surrounding the accident, and you should get help from your lawyer.
Contact Our Waltham Uber + Lyft Rideshare Accident Attorneys for Legal Help
Get a free initial case review from our Uber and Lyft rideshare accident attorneys at the Law Office of John J. Sheehan by calling (617) 925-6407.