Ridesharing

Uber drivers are often distracted by engaging with the Uber app, but like all other drivers, they may also be distracted by phone calls, eating, grooming, or even talking with other passengers. If you’re using a ridesharing service and your driver is distracted, you may wonder what you should do. To protect yourself, check out these tips.

1. Speak Up

Distracted driving is extremely dangerous. In fact, according to the National Highway Traffic Safety Administration, distracted driving kills over 3,000 people every year. That is more than eight people per day. To put it into perspective, at a speed of 55 mph, looking down instead of at the road for just five seconds is the equivalent of driving the length of a football field while blindfolded.

If your driver is distracted, speak up. Let them know that you are not comfortable riding with them if they aren’t paying adequate attention. If you don’t feel comfortable saying something to the driver, trust your instincts and simply ask them to drop you off immediately.

2. Terminate the Ride

If you ask your driver to pay more attention to the road but they continue to engage with the distraction, you should terminate the ride. You can change the destination of the trip within the Uber app at any time before the driver swipes “end trip”. Just tap “enter destination” and type in a new address or select a location close to where the vehicle is currently located.

3. Leave a Review

After getting out of the Uber, make sure to leave a review. Drivers have a star rating that is the average of their last 500 rides, and your reviews can help to keep other drivers safe. If you don’t feel safe, give the driver a low star rating and consider leaving notes on what happened.

4. Alert Uber

You should also alert Uber that the driver was distracted during your journey. You can upload comments to the Uber site. The company has a zero-tolerance policy for drugs and alcohol and requires drivers to be compliant with local laws. For instance, if local laws dictate that drivers can’t use cell phones while driving, you should let Uber know if one of their drivers does that.

5. Contact a Lawyer If Injured

If you are injured due to a distracted Uber driver, you may be entitled to compensation for your damages. A ridesharing attorney can help you negotiate with the driver’s insurance company and/or bring a lawsuit against the driver or the ridesharing company.

To set up a no-cost case evaluation, contact us today. At Mazow | McCullough, PC, we work hard to ensure all our clients receive the personal attention and the legal expertise they need when dealing with the aftermath of an accident or injury.

Have you been injured in a crash with an Uber driver? Were you injured while riding as a passenger in a Lyft? Was your ridesharing driver acting unsafely? If you have answered yes to any of these questions, you may be wondering if the ridesharing company is liable.

Unfortunately, in a lot of cases, ridesharing companies try to evade liability for accidents based on the concept that their drivers are independent contractors. In spite of that fact, these companies have a responsibility to keep their customers and other drivers on the road as safe as possible.

By extension, ridesharing companies may be liable for damages caused by hiring unsafe drivers. Here’s what you need to consider.

The Need for Due Diligence When Hiring Drivers

Ridesharing safety can vary depending on the driver, local safety requirements, and other factors. For example, in Massachusetts, laws require ridesharing drivers to be over 21, have at least a year of driving experience (three years if under the age of 23), hold an in-state license, and pass a background check. To ensure drivers meet these safety requirements, they undergo two background checks — one done by the ridesharing company and another done by the state.

In 2018, 15% of applicants failed the secondary state background check for reasons including a history of violent crimes, insufficient licensing history, or multiple driving offenses. The fact that these 30,000 applicants passed the initial background test indicates that the ridesharing companies may not be doing adequate screenings on their own. In cases where you can establish that the ridesharing company did not do its due diligence when bringing on drivers, you may be able to hold them liable for your damages.

Uber’s History with Marketing About Safety Issues

In 2014, Uber implemented a safe-ride fee that brought in about a half a billion dollars in revenue in a two-year period alone. Ostensibly, this fee was designed to ensure passengers were as safe as possible, but the company failed to live up to that promise. In the wake of a 2016 lawsuit, the company changed the name of this fee to a booking fee.

Uber also paid out a $25 million settlement for not being as safe as it claims, and at the same time, the company backed away from some of the safety language used in its marketing campaigns. For instance, prior to this lawsuit, Uber claimed its background checks were the best in the industry, but lawyers proved that the ridesharing company’s background checks were subpar to what most taxi companies do, so Uber stopped marketing from that angle.

Ridesharing Liability Coverage

Both the main ridesharing companies, Uber and Lyft, have liability coverage in place that can help to protect passengers, pedestrians, and other drivers, financially in the event of an accident. The coverage includes the following:

• When the driver is not logged into the app — no coverage
• When the driver is logged in but hasn’t accepted a ride request — $50,000 per injured person and up to $100,000 total injury liability per accident
• When the driver has accepted a ride request — $1 million

Ridesharing drivers are also required to carry liability policies. In Massachusetts and New Hampshire, ridesharing drivers are required to notify their insurers that they are driving professionally. This rule helps to ensure that the driver’s insurance company doesn’t reject claims related to ridesharing accidents. Usually, the ridesharing policies kick into effect after the liability limits on the driver’s coverage have been exhausted.

Establishing Liability

Whether the accident is covered under the ridesharing liability policy or not, the ridesharing company may still be held liable. In any personal injury or automobile accident case, you must establish the following four elements:

• The liable entity has a duty of care to the victim
• They breached that duty of care by acting negligently
• Their negligence caused the victim’s injuries
• The victim suffered damages as a result of the injury

When you use a ridesharing app, the ridesharing company essentially accepts a duty of care for your safety. Similarly, if a ridesharing company puts a driver on the road and the ridesharing company stands to profit from that driver, the ridesharing company also has a duty of care to the other drivers and pedestrians on the road.

If a ridesharing company fails to screen its drivers properly, it arguably breaches that duty of care, and if you suffer damages, the ridesharing company may be liable. Damages include medical bills, damage to your vehicle, lost wages, pain and suffering, and any other economic or noneconomic damages suffered as a result of the accident.

If you have been involved in an accident with an Uber driver or while you were a passenger in a ridesharing vehicle, you deserve fair compensation. At the time of writing, Uber is projected to be worth $69 billion, while Lyft is valued at about $23 billion. These companies should be held responsible when their unsafe hiring practices lead to your injuries.

To set up a no-cost case evaluation, contact us today. At Mazow | McCullough, PC, we represent clients in all kinds of personal injury cases including against ridesharing drivers and companies.

Unfortunately, there isn’t a lot of data comparing commercial accidents with ridesharing accidents. However, you can get a sense of the potential safety levels by looking at other related numbers. Here is what you need to consider.  

Are Ridesharing Accidents More Common than Other Commercial Accidents?

Between 2009 and 2017, fatalities with large trucks increased by 30%, and now, over 4,000 people die from these deaths annually. Generally, 68% of the victims are occupants of other vehicles, 17% are truck occupants, and 14% are pedestrians, bicyclists, or motorcyclists. Commercial trucks are involved with 22% of multiple-vehicle accidents and about 12% of all crashes.

In contrast, there aren’t numbers breaking out the percentage of traffic accidents that involve ridesharing services, but the growing number of these vehicles on the road is likely to have a significant impact on accident rates. Between 2015 and 2018, the number of ridesharing drivers in many large cities quadrupled. In New York City alone, these are over 117,000 ridesharing drivers, and on average, these drivers log about 50,000 miles per year.

Based on these numbers, ridesharing drivers are driving about 5.85 billion miles in New York City alone. In contrast, commercial trucks drive a total of 432 billion miles per year around the entire country. Drivers are likely to encounter both of these vehicles on the road, but are they more likely to crash with a ridesharing vehicle or a commercial vehicle? Unfortunately, there aren’t comparable numbers, but there is research illustrating the potential effect ridesharing has on accident rates in cities throughout the country.

Does Ridesharing Increase Accidents?

The rise of ridesharing services has potentially created an increase in traffic accidents. According to a study from the University of Chicago and Rice University, traffic-accident-related deaths have increased by 2 to 3% since 2011 — that’s 1,100 additional traffic-related mortalities per year. Prior to ridesharing services becoming popular, traffic deaths had fallen to their lowest number since 1949.

However, a study from the Cato Institute, done by researchers from Western Carolina University and published in the Southern Economic Journal, indicates the opposite effect. Using data from the National Highway Traffic Safety Administration (NHTSA), these researchers found that fatal accidents decline by about 1.6% after the introduction of Uber, and in particular, alcohol-related and nighttime crashes decrease in areas with ridesharing services. The researchers also noted a 0.8% decline per month, in arrests for driving under the influence (DUI) and similar declines in several other types of crime.   

The above numbers don’t necessarily indicate that traveling with a ridesharing service is any more or less dangerous than riding in a taxi, on a bus, or in your own car. Instead, these numbers indicate the overall impact that ridesharing services are having on cities.

How Does Ridesharing Affect Cities?

In general, ridesharing services increase congestion, and the extra traffic levels lead to more accidents. When ridesharing services launch in an area, its residents begin using public transit less frequently. At the same time, ridesharing drivers spend a lot of time prowling the roads waiting for fares. On average, these drivers spend 40 to 60% of their time without a fare, and they drive an average of 2.8 miles between fares.

How Does Ridesharing Affect Massachusetts?

Like much of the rest of the world, Massachusetts residents have quickly embraced ridesharing services. Uber launched its services in Massachusetts in 2011. In the first four years in the city, the service gave 28 million rides to 1.75 million people. Those rides added up to 115 million miles, and of course, that doesn’t take into account the miles driven between fares. On Friday and Saturday nights in Boston alone, the service manages about 70,000 journeys, and when people need a professional driver, 45% hire a ride sharing service, 32% get a taxi, and 23% use a rental car.

Has Ridesharing Increased Accident Rates?

While ridesharing services have grown in popularity, accident and fatality rates around the state have also increased. From 2015 to 2016, Massachusetts had a 20% increase in motor vehicle fatalities. In Boston, driving is even more dangerous. Boston is ranked last in a list of 200 most dangerous cities for driving in the United States. On average, Bostonians are in an accident every three years, and in general, the average is 10 years. In other words, your risk of being in an accident is 157.7% more likely if you are driving in Boston, but it isn’t clear whether you are more likely to be in an accident with a commercial vehicle or a ridesharing service.

Analysts linked the increase in accidents to more distracted drivers and to lower gas prices drawing more drivers onto the roads. However, the above cited research from the University of Chicago and Rice University indicates that the increase in fatalities may actually be linked to ridesharing services as well as to these other culprits.

Whether ridesharing has a positive or negative impact on traffic safety is still being determined. However, if you are in an accident, these stats and numbers don’t matter. Instead of getting bogged down in the numbers, you need to be focused on your own journey toward health and healing. After an accident, you may face medical bills, lost wages, pain and suffering, and countless other damages, and that can be stressful to manage on your own.

You need an accident attorney who can help you fight for your rights. At Mazow | McCullough, PC, we help clients who have been affected by accidents with commercial vehicles and ridesharing services. To set up a free case evaluation, contact us today.

If you’re in a car accident caused by a ridesharing driver, you may have to deal with injuries, expensive medical bills, lost time at work, pain and suffering, and other issues. This can become costly and frustrating. If the ridesharing driver caused the accident, they may be liable for your injuries. In some cases, the ridesharing company or even the vehicle manufacturer may bear liability. Here’s a closer look at who is liable in a ridesharing accident.

Personal Liability for Ridesharing Drivers

If the ridesharing driver caused the accident, they may be liable. Unfortunately, however, many ridesharing drivers are underinsured. They often just have personal car insurance, but because they are driving professionally, they need commercial insurance. As a result, if an accident happens while they are picking up fares for the ride share company, their insurer may reject the claim and cancel the policy.

Luckily, in Massachusetts, you have a bit of extra protection. A 2016 law requires all drivers to tell their insurer if they are driving for Uber, Lyft, or any other ride sharing service. As a result, drivers in this state should all have policies that cover both personal and professional driving.

Massachusetts law requires ride sharing drivers to have liability insurance that provides at least $50,000 per individual for bodily damage, $100,000 per accident for bodily damage, $30,000 for property damage, and personal injury protection. However, if your injuries are extensive, these minimums may not be adequate to cover your damages. In those situations, you need a ridesharing accident attorney who can help you figure out how to go after the driver’s personal assets or who can help you identify another liable party.

The At-Fault Driver

Typically in car accidents, the at-fault driver is responsible. If you are riding in an Uber or Lyft and another driver causes a crash with that vehicle, the other driver may be liable for your injuries, and their insurance policy may have to cover the cost of your damages. However, even in these cases, the driver of the ridesharing car may still be held responsible.

If you are driving your own vehicle and you get into an accident with a ridesharing driver, the ridesharing driver or their company is liable if they caused the accident. If you caused the accident, you are liable for your own injuries. In some cases, both drivers can be held partially responsible. This is called comparative liability, and you cannot receive a settlement unless the other driver is responsible for over half of the accident. In these situations, your settlement usually gets reduced by the portion of your liability. For instance, if the courts determine that you were liable for 20% of the accident, your settlement gets reduced by 20%.

Liability for the Ridesharing Company

On top of the requirements for drivers, Massachusetts also requires ridesharing services to have a $1 million liability policy in place. The 2016 law only specifies that this policy needs to cover accidents that occur when the driver has a paying passenger in the vehicle. However, most ride-sharing companies had this type of liability policy in place before these laws came into effect.

If the driver does not have a passenger in the car, the liability can fall on either the driver or the ridesharing company. In previous cases, ridesharing companies have tried to argue that they were not liable for accidents that occurred when the driver didn’t have a ridesharing passenger, but lawyers have successfully won settlements from ridesharing companies in cases where the driver didn’t have a passenger but was logged into the app. This typically comes into play when the driver hits another vehicle or a pedestrian in between fares.

Vehicle Manufacturers

With all automobile accidents, the manufacturer of the vehicle or its parts may be liable if faulty parts caused the accident or made the injuries worse. To give you an example, imagine someone is a passenger in an Uber. The car gets rear-ended by another driver. The injuries may have been minor, but a faulty airbag in the Uber explodes, leading to extensive injuries for the driver and the passengers.

Typically in this type of accident, the driver who caused the accident is liable. However, in this situation, the airbags made the injuries worse. As a result, the airbag manufacturer is likely to be liable for some if not all the injuries.

Because liability in ridesharing accidents isn’t always straightforward, you need to work with an attorney who understands the nuances in these cases. At Mazow | McCullough, PC, we are well versed in ridesharing liability, and we may be able to help you. Contact us today to set up a free case evaluation and to learn more about your rights when you’re involved in a ridesharing accident.

When comparing taxis and ridesharing services, people tend to talk about cost, accessibility, and convenience. But, you also need to think about safety. In a lot of places, taxis are more heavily regulated than ridesharing services. Do these rules reduce accidents? Well, the answer is complicated.

Unfortunately, there isn’t a lot of data comparing accidents rates between taxis and ridesharing services, but here’s a closer look at some facts that help to create a clearer picture of what’s happening.

Taxis Are Safer Than Private Cars

A study in New York City indicated that taxi and livery cars — such as black cars, for-hire livery services, and limos with fewer than nine passengers — have a 33% lower crash rate than other drivers. Over every 1 million miles driven, there are 4.6 cab crashes, 3.7 livery car crashes, and 6.7 crashes with private cars.

In spite of this data, most people think that private cars are safer than taxis, but that perception is not completely misguided. Although taxis crash less frequently than other cars, the injuries sustained are usually more intense. Cab drivers tend to not wear their seatbelts and the partition between the front and back seats can cause fairly serious injuries when passengers fly forward and crash into it. That said, if you take 100 cab rides per year, your chance of being injured is about 0.4% over a 10-year time period.

These numbers were collected before ridesharing services became popular. However, it’s important to note that ridesharing vehicles don’t have partitions, which eliminates some of the injuries described above.

Taxi Drivers Have More Experience than Ridesharing Drivers

One of the reasons that professional drivers tend to get into fewer accidents than personal drivers is because they have more experience. Generally, taxi drivers also tend to have more experience than ridesharing drivers. Surveys of taxi drivers reveal that they tend to have anywhere from 5.7 to 9.2 years of experience. In contrast, over half of ridesharing drivers have no experience when they start working. The lack of experience can translate to reduced safety levels for passengers and for other vehicles around the ridesharing drivers.

Taxi Drivers Face Thorough Background Checks

Most cities require taxi cab drivers to go through extensive background checks, but they don’t have similar rules in place for people who drive for ridesharing services. This fact can also make ridesharing services potentially more dangerous than taxis.

In Massachusetts, a 2016 law requires ridesharing drivers to have a two-part driver background check — with one part done by the transportation company and the other by the state. After that, drivers need to be screened every six months, and they can’t appear on the National Sex Offender Registry or have a conviction in the last seven years.  

Taxi Drivers Need a Special License

In Massachusetts, taxi drivers need a special license, and their employers need a permit or license (also called a medallion) to operate legally. That helps to boost the safety levels for taxi services. As a general rule of thumb, ridesharing drivers don’t need a special license. However, they can’t have more than four minor traffic violations or more than one major traffic violation in the last three years. These laws help to increase safety across the board.

The Type of Vehicles Can Affect Safety

In the past, taxi companies in Massachusetts had to buy cars that were painted white in the factory, but now, they can buy used cars and paint them white. While there’s no data on how this has affected safety levels, it’s important to note that newer vehicles are almost always safer than older ones. However, most taxi cabs undergo routine safety checks, and they are often outfitted with additional safety features, such as security cameras, which ridesharing cars typically don’t have.

Uber requires drivers to have vehicles that were manufactured after 2005, and that helps to improve safety. However, in all cases, there are safety essentials that are not regulated by the law. For instance, yellow taxis are involved in 9% fewer accidents than blue taxis. Simply by getting in an Uber or Lyft that is a certain color, your safety levels can fluctuate.

Taxis Don’t Need to Be Connected to Central Dispatch

In the past, taxis had to connect to a central dispatch service, but in Boston, that rule has been relaxed to help taxi companies compete with ridesharing services. You can hail these taxis on the street or pick one up at the airport, but unfortunately, the taxi may not be tracked by a third party.

With ridesharing services such as Uber and Lyft, the drivers are tracked by the app. The company knows where they are at all times. Even if an unscrupulous driver turned off their phone, your phone would continue to track your whereabouts in case of an issue. These elements help to improve safety for both taxi and ridesharing services.

Taxi rules are designed to keep passengers safe, but in the era of ridesharing, many of these rules have been relaxed, potentially making the situation more dangerous for passengers. If you have been involved in an accident in a taxi or in a ridesharing vehicle, you may be entitled to compensation. To learn more and set up a free case evaluation, contact us today. At Mazow | McCullough, PC, we can help you fight for your legal and financial rights.