desiree

Partner at Charbonnet Law Firm LLC

Practice Areas: Domestic Violence, Human Trafficking

Rideshare services have forever changed how we travel, not only in New Orleans but around the country. No longer do individuals need their own cars to get around, get to work or travel in different cities. Rather, with a press of a button, they can have a ride, ready to pick them up and get them to where they need to go in minutes. Yet, even though rideshare services can provide people in New Orleans with endless benefits, they are not without their issues. In truth, ridesharing services have been linked to a rise in traffic accidents and death across the United States.

That is why if you or a family member has been harmed in a New Orleans rideshare accident, you need experienced legal assistance to get you the compensation and justice you deserve. For these reasons, we have prepared the following blog post. In it, we will discuss more about these rideshare accidents and the actions you need to take after you have been harmed in this horrifying collision.

What is a Rideshare Accident?

Rideshare companies, also referred to as transportation network companies or ride-hailing companies, provide driver-for-hire services through freelance motorists who use their personal vehicles to transport their customers.

Typically, these services operate through an app on a person’s smartphone, where they will enter information regarding how many passengers they have, where they are currently at, and where they want to get to. Once they arrive at the destination, the credit card that the rideshare company has on file will be charged automatically.

Common Causes for Rideshare Accidents in New Orleans

Rideshare accidents can occur for various reasons. However, some of the more common causes of this devastating collision include the following:

  • Reckless drivers
  • Tired drivers
  • Improperly maintained vehicles
  • Parking in unsafe areas
  • Less experienced rideshare drivers

Unfortunately, following many of these rideshare accidents, it can be challenging to determine the exact reason for the collision. That is why, in these situations, you need to work with an experienced rideshare accident attorney who can investigate what happened and help you determine who was responsible for the crash.

Who is Responsible for a Rideshare Accident in New Orleans?

Generally, determining liability in a New Orleans rideshare accident will be figured out like any other type of car accident. This means that to prove that someone was at fault for your rideshare accident, you need to show that someone was negligent by establishing the following:

  • The at-fault driver owed you a duty to use reasonable care, meaning they owed you a duty to drive carefully and obey the rules of the road.
  • You were injured because of this breach and suffered significant measurable damages as a result.

If you believe you were injured in a New Orleans rideshare accident because of another person’s negligent actions, you should reach out to a skilled rideshare accident attorney that can gather the evidence needed to prove negligence and go after the money you need.

Rideshare Insurance Coverage in New Orleans

Most motorists in New Orleans are covered by their own car insurance policy. This means that if you are involved in an automobile collision, you will file a claim with the liable driver’s insurance and get reimbursed for your damages and medical expenses.

However, this personal auto insurance does include certain exclusions. Specifically, if drivers use their motor vehicle for business pursuits, their own coverage does not apply if they are involved in an accident. Consequently, if a rideshare driver picks up a customer, they will not have liability insurance through their own car insurance policy.

So what does this mean for you if you get hit by a rideshare driver? Rideshare services will often provide $1 million in liability coverage for their drivers. However, this coverage will depend on what “period” the driver is in when the accident occurs. For instance, let’s take a look at Uber’s insurance policy:

  • Period 0: If the driver is not logged into the rideshare app, there is no coverage provided by the rideshare company. Instead, the driver’s personal car insurance may apply.
  • Period 1: However, if the rideshare driver is logged into the app but has not accepted a ride yet, their liability coverage for any accident that results includes up to $50,000 per person and $100,000 total liability per accident.
  • Period 2: If the driver has accepted a passenger and is on their way to pick-up them up, their liability coverage increases to one million dollars.
  • Period 3: If the passenger is in the car, the liability coverage of one million dollars applies, plus there may also be limited coverage for damage to the driver’s vehicle and uninsured motorist coverage.

Yet, since rideshare laws are constantly evolving, it is important to reach out to a skilled New Orleans rideshare attorney as soon as you can following your rideshare incident. These lawyers can go over your claim, help you figure out what legal options you can pursue, and assist you as you go after the money you need.

Actions to Take Following a New Orleans Rideshare Accident

If you have been harmed in a New Orleans rideshare accident, the scene can get quite chaotic. However, even amongst the commotion and stress, you still need to understand that the actions you take after this dreadful ordeal are not only necessary in keeping you safe but protecting your legal rights. That is why following a rideshare accident, you need to do the following:

Reach Out to the Authorities As Soon as Possible

Following a rideshare accident, you need to contact 911 immediately. This is the quickest way to get your accident on record and notify emergency medical services that you need medical help.

Once the police arrive, they can investigate the accident and jot down their findings in their police report. If you decide to pursue an injury claim, this report can provide you with valuable evidence regarding what happened.

Get Details From the Drivers

Make sure you get information from everyone involved in the rideshare accident. This should include names, phone numbers, driver’s license numbers, and insurance information.

Witness Details

If there were people at the scene who saw what happened, get their names and contact information. These witness statements can help provide you with valuable details regarding what happened and also corroborate your claim.

Gather Evidence from the Accident Scene

If you can, you need to gather as much evidence from the crash scene as possible, including pictures and videos of your visible injuries, the placement of the vehicles on the road, any skid marks, weather conditions at the time of the incident, any traffic signs near the accident scene, and any other evidence that can help show what happened.

Following a Rideshare Accident, Get the Help You Need in New Orleans

If you have been in a New Orleans rideshare accident, you need to reach out to an experienced rideshare accident attorney as soon as possible. These lawyers can:

  • Go over your accident in detail, evaluate your injury claim, and help you determine the legal options you can pursue.
  • Answer all of your concerns and questions and provide you with the advice you require during this difficult time.
  • Investigate your New Orleans rideshare accident and gather the evidence needed to show fault and damages.
  • Handle all the negotiations with the insurance company and pursue a just settlement on your behalf.
  • Take your case to trial, if needed, and fight for the maximum damages you deserve.

 

If you or a loved one has been injured in a New Orleans rideshare accident, do not wait any longer. Contact Charbonnet Law Firm, LLC today or call our offices at (504) 294-5075 for a free case consultation and let our legal team show you how we can fight for you and your rights.

We have a proven track record, with great results for clients represented in car accident cases. Our clients vouch for our work in their testimonials, and we aim to deliver the best service to you. 

Within the personal injury and car accident domains, our attorneys handle a variety of cases, and if you can’t find the right answer in this blog, check out the other practice area-related details on our website and read more in the FAQs section. Book a free consultation today without delay to find the right legal solution!

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