If you are injured due to the negligence of another party, you are generally entitled to compensation for your injuries. This rule also applies to ridesharing accidents. In some cases, the ridesharing company, its insurer, or the driver’s insurance company may simply compensate you for your damages; but, unfortunately, every situation is not this straightforward. In many cases, you need to work with an attorney to get compensated fairly.
So that you know what to expect, here is a look at the factors that affect compensation after a ridesharing accident.
In all personal injury lawsuits, compensation is based on your damages which include all costs incurred as a result of the accident as well as many indirect costs. Damages in ridesharing accidents can include the following:
Many of the items on the above list are held to a specific dollar amount, but other damages are more subjective. To ensure you are fairly compensated, you need an experienced ridesharing accident attorney who can put a dollar amount on your current and future damages.
With most ridesharing lawsuits, you don’t pay anything to your lawyer unless you win the case. If your case is successful, the lawyer’s fees come out of your settlement. The exact amount varies, but it’s usually a percentage of the settlement. If you settle the case in mediation or without going to court, the percentage tends to be lower than if you go to court.
For most people who have been injured in a ridesharing accident, this payment structure is ideal because it means you don’t have to worry about making any payments if you don’t win your settlement. You also don’t have to worry about incurring legal costs during your trial while you’re trying to deal with medical bills or other expenses from the accident.
After a ridesharing accident, the negligent party is responsible for compensating you for your injuries, but the negligent party may be the driver, the ridesharing company, or a variety of other entities. Your ridesharing attorney can help you identify the liable party and guide you toward the best course of action.
For instance, if faulty airbags exacerbated your injuries, the airbag manufacturer may be liable, but if the driver failed to replace their airbags after repeated warnings, they may be financially responsible for your compensation. Similarly, if the ridesharing company hired a driver who wasn’t safe, the company may be responsible for compensating you.
To calculate your settlement, your attorney adds up all your expenses, and then they estimate and add on indirect expenses. This process varies depending on the type of damages. For instance, pain and suffering is sometimes calculated by the day; with this approach, your lawyer counts the number of days you were in pain and multiples that by a certain dollar amount (often your daily wages).
In other cases, lawyers may take the direct costs related to your lawsuit and multiply that number by a factor of one through five to estimate the “cost” of your pain and suffering. For instance, if your damages are $100,000 and the lawyer uses a factor of two, your pain and suffering claim is $200,000. Various laws can also impact ridesharing settlements as there are caps on certain types of compensation.
Often in ridesharing accidents, only one party is responsible for all the damages. However, in some instances, multiple entities contribute to the accident, and unfortunately, that can also include the plaintiff. If the jury decides that you are partially responsible for the accident, comparative negligence laws come into play.
In these scenarios, the jury apportions part of the responsibility to you, which reduces your compensation. For instance, if a bicyclist runs a red light and gets hit by an Uber, the bicyclist may be partially liable for the accident. Similarly, if a pedestrian steps into traffic, if a ridesharing passenger distracts the driver, or if another driver is speeding which causes part of the accident, these victims may all bear some liability for the accident.
If the jury decides that you are partially responsible, your compensation gets reduced accordingly. For instance, if you are 20% liable and you are due $200,000 in compensation, your compensation gets reduced by $40,000 which is 20% of the original settlement.
To get an idea of your potential compensation after a ridesharing accident, you should consult with an experienced attorney. At Mazow | McCullough, PC we help clients get the compensation they deserve after being injured in a ridesharing accident and in numerous other types of personal injury lawsuits. Contact us today for a no-cost case evaluation, and we can help you learn more about compensation.