What if the Rideshare Driver Was Distracted at the Time of the Accident?

Rideshare travel offers convenience, but accidents related to distracted driving cause many preventable injuries each year. Passengers hurt in these wrecks face obstacles to fair claims without legal guidance on navigating complex insurance policies and potential tactics. A Sacramento rideshare accident lawyer can help build your case with you to potentially get the outcome you desire with the insurance company.

What May Constitute as Distracted Driving

Looking at or using a mobile phone is one of the top distractions, whether it’s texting, calling, or checking driving apps. Even hands-free phone conversations can mentally distract drivers from the road. Eating, drinking, and vaping can also be dangerous situations. Anything that takes the driver’s eyes off the road could lead to a collision.

Interacting with passengers can also distract rideshare drivers. Attending to unruly passengers, having emotionally intense conversations, or even chatting casually could divert attention. Drivers may feel pressure to engage with passengers to get good ratings, but safety should come first, and conversations should include eyes staying on the road.

Observing interesting sights outside the vehicle can also distract a rideshare driver. Trying to find riders’ destinations, looking at accident scenes, reading roadside billboards and signs, or checking mirrors and blindspots frequently could divert focus. Rideshare drivers need to tune out external stimuli and unnecessary mirrors or blindspot checks to keep their eyes forward on the road ahead.

The First Steps to Take After the Accident

After a rideshare accident, the first priority should be to ensure all parties involved receive medical assistance if there are any injuries. Both the driver and yourself should be checked out and transported to the ER if needed. Even if the injuries seem minor initially, some symptoms like concussions, internal bleeding, and shock may take time to manifest.

If the accident results in a dangerous road blockage, the driver or a passerby should contact emergency services right away. Warning signs, flares, or cones can help alert other drivers of the obstruction so additional crashes can be avoided. However, the driver and passengers should not remain in a dangerous location on the roadway.

The rideshare driver should document the accident scene as thoroughly as possible, including photos of damage, vehicle locations, skid marks, and any traffic signs or signals that may be factors. Getting contact details and insurance information from the other driver involved is also essential. Rideshare drivers should contact their insurance provider to file an official report in a timely manner after the incident.

Make Sure You Have a Copy of the Police Report

If the police respond to the scene of the rideshare accident, it’s vital to obtain a copy of the official police report. This report contains vital information, including officer diagrams of the crash scene, witness statements, and conclusions about potential violations or responsibility. Having the police report in hand soon after the incident can help drivers recall important details while fresh.

Drivers should contact the law enforcement agency in the days following the crash to inquire about getting a copy. There may be a nominal fee, but the report is critical evidence. Review the report thoroughly to confirm accuracy regarding facts like time, date, location, vehicle positioning, and more based on the driver’s recollection.

If any details seem incorrect or incomplete, the rideshare driver should respectfully submit supplemental information to law enforcement to add to the record. For example, additional witness names and statements, extra photo evidence showing positions, or even a separate professional accident reconstruction report. Making sure the official document is as exhaustive as possible will assist legal proceedings.

How to Make a Claim to the Rideshare Insurance Company

You should file claims with any potentially applicable insurance policies. Provide the rideshare platform’s insurer details about damages, medical costs, lost wages from injuries, and more. The police report, medical records, photos, and eyewitness statements help validate and support the severity of the claim.

You may benefit from retaining an attorney to assist with insurance claims and possible lawsuits. A lawyer can identify all avenues for compensation through the rideshare’s commercial insurance, the driver’s personal auto policy, or other coverage. They can aggressively negotiate to potentially obtain favorable settlements, especially if the injuries keep victims from working.

During the claims and legal process, injured rideshare passengers need to cooperate actively with insurance adjusters and defense attorneys. Honesty and being forthcoming with evidence help maximize liability verdicts and claim payout amounts. However, never make recorded statements admitting any fault, as rideshare passengers are virtually never responsible for driver negligence leading to crashes.

When the Rideshare Driver Denies They Were Distracted

If a negligent rideshare driver causes an accident and denies being distracted, you still have options if you are injured while riding with them. As the passenger, you can pursue injury claims and personal lawsuits regardless of whether the driver takes responsibility. Attorneys can build strong cases using evidence like photos, crash diagrams, and eyewitness accounts to demonstrate probable driver distraction.

Even if the driver disputes distraction, liability often comes down to speeding, disregarding signals, improper turns, or other dangerous maneuvers that lead to collisions. Police reports, vehicle data recorders, and professional accident analysis can uncover if reckless driving caused the crash. As the passenger, those findings provide grounds to seek compensation from the driver’s insurer or through the courts.

Work with an experienced lawyer to construct the clearest arguments around the driver’s liability using available evidence. They can strategically contest questionable driver statements and emphasize incriminating facts. An attorney can tenaciously negotiate possible fair payment from insurers on your behalf or take legal action if warranted based on the circumstances supporting the rideshare driver’s fault.

Work With a Sacramento Rideshare Accident Attorney

Don’t jeopardize your injury claim against negligent rideshare drivers. Have a lawyer on your side to construct a strong liability case using all available evidence. Call our team at Triumph Law to start with a free consultation and see if and how we can help.