You might be one of many Pennsylvania residents who has hired a rideshare provider. Perhaps you intended to imbibe alcohol on a night out with friends and wanted to ensure safe transportation. Maybe you’ve hired Uber or Lyft while on vacation. There are all sorts of possible reasons why you may have scheduled a ride with such companies. The rising popularity of this type of transportation has made many people wonder who is liable for personal injury if a collision occurs while traveling as a passenger in a rideshare vehicle.
If you’re a passenger in a vehicle that becomes involved in a collision, you can seek financial recovery for your losses if you suffer injuries. You must prove in court that another person’s negligence or reckless behavior was responsible for the incident that resulted in injury. The individual deemed responsible for the collision could then be liable according to the court. If that individual is a rideshare driver, however, the case might be a bit more complex.
Is a rideshare driver or the company liable for personal injury?
Should a rideshare driver be liable for personal injury if a passenger suffers injury in a collision, or should the rideshare company itself be liable? The answer not only depends on how a specific state classifies its rideshare drivers, but also how the state governs auto insurance. Pennsylvania, for instance, is a no-fault state.
This means that, if you are a passenger in a vehicle that becomes involved in a collision, the first step to take to seek financial recovery would be to file a claim with your own auto insurance company. Even though you weren’t the driver, your auto insurance would cover any medical expenses associated with the collision that caused your injuries.
Suing a rideshare driver for damages
Under certain conditions, you might still be able to pursue litigation against a rideshare driver whose negligence or reckless driving caused a collision that resulted in injuries. This type of litigation requires a plaintiff to file a personal injury claim. He or she must then prove that several elements existed at the time of the accident. Such elements include duty of care, failure to fulfill said duty (negligence) and damages resulting from breached duty.
If you’re not sure what to do following a Pennsylvania collision where you were the passenger in a rideshare vehicle, it is wise to seek outside support from someone who can guide you through the personal injury justice system. Such guidance makes the process a lot less stressful and ensures reception of the maximum amount of compensation to which you may have a right.