Calling a major rideshare app like Uber or Lyft can be a lifesaver. Whether you’re en route to the airport, need a ride after a few drinks at dinner, or just out on a Saturday to get groceries, having a safe driver pick you up and drop you off at your requested destination is a cost-effective and safe way to get from Point A to Point B.
When you are involved in a motor vehicle accident while in an Uber or Lyft, the next steps can feel overwhelming. Whether it was due to the recklessness of another driver or even your driver, you may have uncertainty about whether or not you are entitled to compensation for your injuries. Sweeney Merrigan Personal Injury Lawyers has serviced the Framingham, MA, area for many years and would love to help review the specifics of your case and help you obtain the damages you deserve. For a consultation today, give our Framingham Uber & Lyft accident attorneys a call at 617-391-9001 or use our contact form.
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Determining who is liable for your rideshare accident involves the four basic components of negligence: duty of care, breach of duty of care, causation, and damages. When you order your rideshare driver and get into the vehicle, there is an expectation that they deliver you safely to your destination. When they fail to do due to speeding, driving while intoxicated, or failure to adhere to the basic rules of the road, they are directly breaching this care. The same goes for another motor vehicle driver causing the accident. They owe the other drivers on the road the duty of driving legally and responsibly, and when they break that and it results in your accident, you’re eligible to sue them for negligence.
In the case of rideshare accidents where the driver is at fault, the liable party will most likely be the driver, not the rideshare company. It may depend on the specific company, but most rideshare apps will hire their drivers as independent contractors, meaning that, unlike cases where truckers are represented under their trucking companies, you may find the driver at fault for their specific actions. If you are confused about who may be found liable, your Framingham rideshare accident attorney can help investigate the company and clarify the eligible party.
Massachusetts is a no-fault state, meaning every driver is required to carry Personal Injury Protection insurance. Depending on the circumstances of the accident and the driver’s relationship with the rideshare company, you may be entitled to the driver’s PIP insurance.
Sweeney Merrigan Personal Injury Lawyers will fight to get you every penny you deserve, including both economic and non-economic damages. This means compensation for all of your bills, suffering, and loss. It’s important to note that Massachusetts currently adheres to the comparative negligence law. As long as you are under 50% liable for your accident, you can still receive economic and non-economic damages. Depending on the percentage you are found to be liable, your damages will be adjusted.
While you focus on recovering from your rideshare accident, a knowledgeable and dedicated attorney from Sweeney Merrigan Personal Injury Lawyers will begin an investigation into your accident. When you hire a Framingham, MA Uber & Lyft accident attorney, you are hiring someone who can help with the following:
To prove negligence and establish liability, your attorney will first begin to collect relevant evidence for your case. For a rideshare accident, this may include medical reports, police reports, relevant contracts and rideshare app policies, photographic evidence, and video footage. Additionally, time-sensitive evidence will be sought, including traffic camera footage.
If you can safely do so, gathering photographic or video evidence from your phone after the accident is a good way to begin building your case. If you cannot safely do so due to traffic conditions or injury, don’t fret; your Framingham rideshare accident lawyer will use every connection they have to do so for you.
While you can file a claim without the help of an attorney, you are doing so without the knowledge of regulations and deadlines an attorney has. We have found people who file claims on their own end up with far lower settlements or even dismissed cases due to incorrect filings or missed deadlines. The statute of limitations for personal injury claims in Massachusetts is currently three years from the date of injury.
Don’t try to navigate this process alone. Sweeney Merrigan Personal Injury Lawyers has over 45 years of experience to offer our clients. Our partner, Victoria Santoro Mair, has established herself as a rideshare attorney to beat, even being featured and interviewed on the American Bar Association’s podcast, “Insider TIPS.”
Sweeney Merrigan Law, LLP is a highly successful personal injury law firm serving Massachusetts since 2011.
There are no fees or costs unless we win your case!