Oklahoma City Uber And Lyft Accident Attorney
If you get injured in an Uber or Lyft accident in Oklahoma City, you may be entitled to financial compensation from the rideshare company for your injuries and losses. Most rideshare accidents are preventable and stem from mistakes such as distracted driving and speeding. If you’ve been injured in this type of collision, contact the Oklahoma City accident attorneys at Dan Davis Law for a free consultation about your legal options. We will help you pick up the pieces and pursue fair compensation for your crash.
Why Choose An Oklahoma City Uber And Lyft Accident Lawyer From Dann Davis Law?
- We have spent over 25 years providing legal representation to help injured accident victims recover and move on. We are driven by a deep interest in helping others.
- Our law firm is local to Oklahoma City. We are a family-owned and family-run firm located in the heart of Deep Deuce.
- Our Oklahoma City accident lawyers have successfully obtained hundreds of millions of dollars in settlements and jury verdicts for past clients.
- We operate on a contingency fee basis. This means we only charge a fee for our services if we secure financial compensation on the client’s behalf.
Uber/Lyft Accident Injuries In Oklahoma City
It’s not uncommon for rideshare passengers to believe that they are safer in the backseat of an Uber or Lyft vehicle than they would be if they were driving their own cars. Sadly, some passengers neglect to fasten their seatbelts out of a false sense of safety when they are riding in the backseat of a rideshare car. But Many people have experienced serious injuries and even death in rideshare vehicle accidents in Oklahoma City and elsewhere. Common injuries include:
- Head injuries and traumatic brain injuries (TBI) ranging from concussions to serious injuries with long-term consequences
- Back and neck injuries
- Spinal cord injuries
- Broken bones
- Internal injuries
- Burns
- Skull fractures and facial injuries
- Bruises, lacerations, and soft tissue injuries
Even fairly mild injuries that allow victims a complete recovery often require expensive medical treatment and usually time away from work while you heal. More serious injuries could have life-altering consequences that require ongoing treatment and could cause partial or total disability. If your Uber/Lyft accident occurred while you were a passenger, you could successfully recover your financial damages plus compensation for pain and suffering.
Causes of Rideshare Accidents In OKC
Rideshare cars are a convenient alternative to city buses and expensive cab services, but Uber and Lyft drivers may be at increased risk of accidents compared to average drivers on the road for several key reasons. Common causes of rideshare accidents include:
- Distracted driving due to drivers using their rideshare app, chatting with passengers, or looking for their next booking
- Fatigued drivers due to the fact that many rideshare drivers have full or part-time jobs elsewhere and drive for rideshare companies as a source of extra income
- Speeding in order to maximize the number of passengers they transport during a shift
- Inexperience: many college students and other young drivers rely on the adaptable schedule that driving for rideshare companies provides, but they may not be as experienced behind the wheel as older drivers
In some accidents, rideshare drivers have been found to be intoxicated. Whether a driver is fatigued, driving under the influence, or speeding, they may run through traffic lights, fail to yield, make unsafe lane changes, or follow other vehicles too closely. These are all common causes of accidents involving rideshare vehicles. In other circumstances, another driver may be responsible for the accident, or it could be caused by a defective auto part or a poorly maintained road. An Oklahoma City rideshare accident attorney will investigate all aspects of your accident to determine the liable party and then pursue compensation from the appropriate insurance company.
Proving Liability in an OKC Uber/Lyft Accident
Your Oklahoma City Uber/Lyft accident attorney from Dan Davis Law will thoroughly investigate all of the circumstances of your accident to determine liability and maximize the amount of compensation you can recover after a rideshare accident. Proving liability requires demonstrating specific legal points of liability through the evidence gathered by your attorney. When an Uber driver or another party is negligent or reckless and causes an accident, proving liability means showing the following:
- That the rideshare driver or another party at fault owed you and others on the road a duty of care to take reasonable measures to prevent injury, such as avoiding distraction and following traffic laws
- That the party at fault breached this duty through an act of negligence or reckless driving
- That the negligent breach of duty directly caused your injury
- That you’ve suffered real damages from your injury, including economic damages and pain and suffering
Once your attorney can clearly demonstrate liability, they’ll calculate your damages and craft a compelling case for full compensation. Then they present this to the insurance company in a demand letter. Most Uber and Lyft accident claims settle out of court, but your attorney from Dan Davis Law is more than ready to take the matter to court if required to secure your compensation.
Why Do You Need an Attorney After a Rideshare Accident in OKC?
A rideshare accident attorney in Oklahoma City will know exactly how the legal process works. Your attorney will properly navigate a personal injury or wrongful death claim caused by an Uber or Lyft accident, working hard to bring the at-fault party to justice and secure the financial compensation that you need to move forward. Your lawyer will take care of legal paperwork, filing requirements, evidence collection, the hiring of experts and even going to trial, if it comes to this, on your behalf. From the very beginning of your case, an attorney will put your best interests first and do what it takes to achieve a positive case outcome for you and your family.
If you are put in a terrible situation in which someone loses their life in the event of a rideshare accident, please visit our Oklahoma City wrongful death attorney page.
Who Pays for an Uber or Lyft Accident in Oklahoma City?
The rideshare industry is unique from a typical Oklahoma City car accident claim. It is not like the taxi industry or any other form of transportation. One of the main distinctions is that Uber and Lyft do not classify their drivers as employees; instead, rideshare drivers are independent contractors, meaning they are technically their own bosses. This can change your options for holding someone financially responsible, or liable, for your accident.
Unlike in a taxi cab accident, you generally cannot use the rule of vicarious liability to hold a rideshare company responsible for the actions of a driver. Uber and Lyft both use the independent contractor defense to avoid vicarious liability for collisions caused by their drivers. Both rideshare companies have $1 million insurance policies, however, available to pay for any losses that the rideshare driver’s personal auto insurance policy does not cover.
You may be eligible for coverage for your bodily injuries and property damage under the $1 million policy if you were a passenger in an Uber or Lyft when it crashed or if a rideshare driver crashed into you while he or she was actively searching for a rider or on the way to pick someone up. If the driver was off-duty and not logged into the Uber or Lyft app at the time of your collision, however, you will only be able to file a claim with his or her personal insurance.
If you were in a rideshare vehicle that was in an accident with a commercial truck, please reach out to speak to our Oklahoma City truck accident attorneys.
Are Uber and Lyft Drivers Really Independent Contractors?
Most states, including courts in Oklahoma, have determined that rideshare drivers are independent contractors. Uber and Lyft companies protect themselves from liability by maintaining their position as companies that exist only to provide an app to connect contracted drivers with passengers. The drivers are not employees, but independent contractors. Therefore, Uber and Lyft are not liable for damages in the event of an accident. Instead, they compel their drivers to have special rideshare insurance to provide coverage of up to $1 million dollars to injury victims in an accident if the rideshare app was on and the driver was transporting passengers or on their way to pick up assigned passengers. A lesser insurance provision is in place to provide $25,000 per person or $50,000 per accident when the driver’s app is on and they are awaiting a booking.
What to Do After an Uber/Lyft Accident?
If you get injured in an Uber or Lyft accident in Oklahoma City, remain calm and document everything.
- Take photographs and videos of the crash
- Take a screenshot of the Uber or Lyft driver’s information in the app
- Write down key facts such as the time, date, location, both drivers’ names, and a description of the vehicles
- Call 911 to report the accident if no one else does
- Call an ambulance or go to a hospital immediately to treat any injuries
- Request copies of your medical bills
- Contact the rideshare company to report the crash
- Then, before you accept a settlement from Uber, Lyft, or the driver’s personal insurance company, consult with an Oklahoma Uber and Lyft accident attorney to determine if the offer is fair and reasonable
Can I Receive Damages if I’m Partly Responsible?
Oklahoma is a comparative negligence car accident state. This law makes it possible to still gain compensation for damages even if you are partly at fault for an accident. If you were a passenger in a rideshare vehicle during a crash, obviously you were in no way at fault. But if you were driving another vehicle and in a collision or other accident with a rideshare vehicle and were partly at fault, you can still recover damages minus the percentage you were found to be at fault. For example, if you were 20% at fault and your award for damages is $100,000 you would regain $80,000.
What Damages are Available in an Uber or Lyft Accident in Oklahoma City?
Injuries can cause expenses to rise quickly, often at the same time that you are unable to work due to your injuries and the recovery period afterward. Some very serious accidents may cause disability so you may never be able to return to work in your previous capacity. A successful claim for damages could bring compensation for the following:
- Medical expenses
- Future medical expenses if you need further or ongoing treatment
- Lost wages
- Any future lost wages or lowered earning capacity
- Pain and suffering
- Other appropriate non-economic damages you might have experienced such as disfigurement, loss of limb, or PTSD.
Your attorney will diligently determine all of your damages in order to maximize the amount of compensation you can gain either through negotiations with the insurance company or in a lawsuit if the insurance company fails to offer an ample settlement.
Contact an Oklahoma City Uber/Lyft Accident Lawyer for Free Today
At Dan Davis Law, our Oklahoma City injury lawyers have been representing clients in rideshare accident cases since the advent of this industry. We keep up with all of the latest laws and changes to provide high-quality legal representation to each client. We offer free consultations and won’t charge you unless we win your case. Find out how we can help you in more detail. Contact us or call (405) 930-4210 today for a free case review.