Denver-based Fuller Law is Helping Victims of Rideshare Accidents

Commuting is always a hassle, especially if it involves taxis and other hired ride services. While taxis used to be the primary means for commuting without your vehicle, rideshare services like Uber and Lyft have made it possible to commute without the stress of locating and hailing a taxi. With a rideshare service like Uber or Lyft, one simply has to open the associated app, choose their destination, then choose a nearby rideshare driver that is willing to accept the job. Fares are transparent and available before and rideshare driver selection and the rideshare drivers will come to you rather than you having to find them. These services offer a great way to make money with your vehicle but present a unique set of challenges if you’re ever involved in an accident.

How Does a Driver Qualify to Work for a Rideshare Service?

In Colorado, drivers for Uber and Lyft are governed by the Transportation Network Company Act (TNCA); this law applies to rideshare companies that operate over an app and not to taxis. According to the TNCA, rideshare drivers may only qualify for employment to be aUber or Lyft driver if they are in compliance with the following:

• Drivers must have a valid Colorado driver’s license
• Drivers must be insured and have a higher coverage amount than the average driver. Uber and Lyft offer their drivers policies of this nature and use them as a selling point
• Drivers must have vehicles registered in the state of Colorado
• Drivers must pass a medical examination determining their fitness to drive
• Drivers must have a mechanical examination of their vehicle
• Drivers must have a four-door vehicle that can hold up to 8 people
• Drivers must pass a criminal background check

In addition to the TNCA, various companies have their own requirements. Lyft, for example, requires all of its rideshare drivers to be 21. Each company may have individual requirements regarding the types of vehicles that may be used and more. For many of these services, the legal blood alcohol content for a rideshare driver is 0.00. If you are interested in working for a rideshare service, always check the terms of employment closely.

Do Services like Uber and Lyft Perform Background Checks on their Employees?

According to the TNCA, rideshare service employees must pass a criminal background check. You may be disqualified from working for Uber or Lyft if you have any of the following on your record:

• Drunk driving offenses in the past seven years – many have strict alcohol policies
• Three moving traffic violations in the past three years
• Reckless driving offenses in the past three years
• Eluding an officer
• Felony fraud
• Sexual offenses
• Felony property offenses
• Offenses involving violence
• Any felony offenses in the last five years

If you have questions about these qualifications and how you may or may not qualify, our practicing attorneys familiar with the TNCA laws, and the personal injury law experience fighting for victims of Uber and Lyft accidents to help clients get maximum compensation.

I have been Involved in a Car Accident while using Uber or Lyft. What should I do now?

We know it is easier said than done, but in the event of any accident, try to assess your situation calmly. Depending on the severity of the accident, the injuries of those involved, and the number of people involved, many things may begin to happen at once. Your health and safety should always be your first priority.

1. If you or someone else has been seriously injured, you should get emergency medical services involved right away. If you are able, call 911 to give police and emergency services the location of the accident. If you are taken for emergency medical treatment, focus on recovering as much as you can.
2. If you remain at the scene of the accident, cooperate with authorities to maintain safety at the scene. Do not leave or move your vehicle if you have been told not to do so. However, be mindful of what kinds of statements you make to authorities and other parties involved. While apologizing may seem polite, any statement you make may inadvertently indicate responsibility for an accident, and this could affect your case. It is highly recommended that you retain a car accident lawyer to guide you through any conversations with insurance providers, involved parties, and police questioning.
3. If you are able, take a picture of the scene of the accident. Capture images of all vehicles involved and the other driver(s). After the vehicles are moved, the only source of information will be the police report. Our firm has seen many mistakes made by officers who tried to recreate an accident based on the statements of drivers and witnesses. Do not assume police officers will get all the facts or describe the accident accurately. Sometimes, even the identity of a driver becomes an issue later. With a photo from the scene of an accident, important questions are more likely to be answered, and discrepancies in accident reports are more likely to be avoided.
4. If you are injured, it is also recommended that you photograph any injuries you have sustained after the car accident, both soon after they occur and over time, to document your healing progress. These photographs are helpful in establishing the amount of medical treatment you require and show how your life and health have been impacted by the accident.
5. If there are witnesses, take their phone numbers. Our clients often mention an accident witness who stopped to help. However, we also commonly find that even if that witness talked to a police officer, there is no record of the person’s identity. Being able to contact them again will allow you to collect more accounts of the accident.
6. Get medical attention, even if you don’t feel that you are seriously hurt. Due to the role adrenaline plays in the body’s stress response system, many victims of vehicle accidents frequently do not realize the full extent of their injuries for many hours, if not days. While there may be no reason for an accident victim to go to a hospital emergency room, most people would benefit from a checkup by their primary care physician or at an urgent-care facility. Injuries may take some time to reveal the impact they have on your life fully, so make sure to continue to document your experience over time, even after the personal injury claim process has begun.
   Learn the consequences of what would happen if a driver left the scene of the accident by going to this post explaining the laws of leaving the scene of an accident in Colorado.

I have been Injured as a Passenger in an Uber or Lyft. Who is liable for my Claim?

This can be a complex situation. If the other driver is at fault, then you would hold them liable just as you would in a regular accident case. If you are not taken away by emergency medical services, collect information from witnesses and the other driver so that you may contact them, as well as information for your driver. Photograph your injuries and any damages to property that is relevant to you. Remember, Colorado is an At-Fault state, so you will need to initiate the claim against the responsible party.

If you are a passenger in an Uber or Lyft accident and the driver of your Rideshare is responsible for the accident, or if the Rideshare service is refusing to provide fair compensation as promised, then you may need to bring a lawsuit against Uber or Lyft companies themselves to seek compensation. John Fuller of Fuller Law is experienced with both insurance dispute cases and rideshare accident cases. Contact us today for a free consultation. Here is a post detailing the types of damages that may be recovered after a motor vehicle accident.

I am a Rideshare Driver, and Uber or Lyft is Trying to Deny my Insurance Claim following an Accident. Can I file a Claim?

If you have suffered injuries or property damage while working as a rideshare driver, the rideshare company and the insurance you receive from them should provide you with fair compensation. For example, if you are injured in an accident caused by an uninsured or under-insured driver, the insurance coverage required by Uber or Lyft should provide you with uninsured / under-insured motorist coverage. Remember, Colorado law states that rideshare companies like Uber or Lyft are required to provide insurance coverage to the driver when the app they use is active and turned on. However, like all insurance companies, Uber and Lyft are also for-profit businesses that sometimes choose to follow the course of action that leads to the least cost, regardless of who may be impacted along the way.

If you are a driver involved in a rideshare accident and you believe your insurance company is denying your claim in bad faith, you may be able to file a claim against the rideshare company. If this sounds like your situation, an experienced rideshare accident attorney can help. Contact the office of Fuller Law for more information on insurance disputes or to set up a free consultation.

Is Fuller Law the Best Fit for my Rideshare Accident Claim?

If you or a family member are the victims of an accident while using a ride-share service like Uber or Lyft in Colorado, get the Fuller Law Team on your side today. Our team of legal professionals is ready to begin working on your case today. We offer free, no-obligation consultations on the phone, in person, via free video conference, or even through hospital visits if necessary. Contact us today and experience the Fuller Law Advantage for your Denver, Colorado case.

Being involved in an accident can already be devastating to the victim. And when a third party like a rideshare service makes things even more complex than usual, this can add even more stress to an already injured person’s life. If this sounds like your situation, do not hesitate to contact a qualified rideshare accident attorney for support in your case. Our experienced personal injury attorney has handled many different kinds of personal injury case types throughout Colorado, including cases involving an Uber or Lyft accident, and is prepared to fight for you and your family. Our office is located in Denver, but we can be reached both online and over the phone.

For a free consultation, contact our law firm at 303-597-4500.