Ridesharing in North Carolina
Passengers in hired cars, including taxis and cars hired using app-based services like Uber or Lyft, are not responsible if a car accident occurs. These passengers will need to determine if the driver of the vehicle they were in was the cause of the crash and should be liable for losses, or if another car on the road was to blame for the crash.
Pedestrians, bicycle riders, motorcyclists, and people in other passenger vehicles could also be hit by a taxi or by an Uber or Lyft driver and could suffer injuries as a result. These victims, too, must determine if the driver’s negligence or failure to follow the rules of the road caused the accident to happen.
When the driver of a hired car causes a collision through negligence, the driver can be sued for damages or a liability insurer can negotiate an out-of-court settlement agreement to compensate crash victims so a case doesn’t proceed to litigation.
Drivers, however, may not be the best or only responsible parties to file a lawsuit against. In fact, as ride-sharing services first began to evolve, some victims of crashes faced complications pursuing legal actions against Uber and Lyft drivers because the driver’s standard car insurance policies excluded coverage for liability when cars were used for commercial purposes.
For many victims, the best defendant to sue or the best party to make a claim against is the taxi company, or the App that facilitated the ride-share. Uber, for example, now has insurance policies in place that cover every ride-sharing trip across all platforms throughout the country. The policy provides up to $1 million in coverage for every incident that occurs from the time a driver accepts a trip until the trip has been concluded and passengers have arrived at their destination.
While more insurance coverage is now available, it is still complicated for crash victims to determine who is to blame for their collision and for those who have been harmed to prove their right to full and fair compensation.
Brown Moore & Associates, PLLC understands the laws and can help victims make a strong case to get the money they need to cover all damages after a crash happens. Give our Charlotte car accident lawyers a call after you or someone you love is hurt in a taxi or hired a car so we can offer a free case evaluation and get started on making your damage claim.
The Risks of Ridesharing with Uber
Reports indicate that Uber’s process for selecting drivers is quite negligent. Both Uber and Lyft do not conduct thorough background checks on their drivers nor do they meet these drivers in person before selecting them to represent Uber. There is no fingerprint check and no criminal check, therefore, the risk of incidents – be it driving under the influence of alcohol or drugs, driving without insurance, driving while texting or otherwise occupied, harming passengers in any way are all possibilities when you can’t be certain of the profile of drivers that have been selected. In North Carolina itself, an Uber driver was arrested in Chapel Hill, and it was found that he faced multiple charges in other counties including assault with a deadly weapon. This is just one example of how things can sometimes not seem as they appear. In other cases in other regions of the country, Uber drivers have been known to run red lights and speeding. Several negligence lawsuits against such drivers have already been filed.
Since ridesharing services are rapidly growing, so is the risk of accidents and collisions. Uber claims that it is a safe way to travel for its passengers but taxi unions have already highlighted this issue that Uber’s driver checks are less thorough as compared with their own driver screening process. All that the company requires is a full name, date of birth, Social Security Number, Driver’s License number, insurance, and vehicle documentation. However, Uber says that it does conduct background checks and that there is a process they follow that is designed to ensure the safety of its passengers. Whatever the case may be, there are concerns related to the driver selection process at Uber and other ridesharing platforms.
Driver Distraction and an Uber Accident
There have also been claims that the app Uber drivers use to respond to potential customers results in driver distraction and can cause accidents. Some drivers have been known to drive without a license; some have hit pedestrians on crosswalks due to pure negligence. The entire Uber Car process has come under scrutiny recently because the use of the Uber app multiplies the chances of driver distraction especially because most of these drivers are in a hurry to pick up passengers and are also keen to respond to requests coming through their Uber app. Distracted driving is prohibited under most state laws in the US, and North Carolina is no different. The very development and use of the Uber app fall under the category of a distraction.
In North Carolina, Uber does not require that the drivers get their car inspected. As long as the vehicle is registered in the state of North Carolina, it is understood that the car has been inspected by the state. Again, as far as North Carolina is concerned, Uber has a $1.5 million insurance policy that covers all incidents that could occur between the time a driver accepts a passenger and the time the passenger is dropped off at their destination. It also covers bodily injury to any person in the vehicle in case of a collision with another driver who does not have an insurance policy or is underinsured. However, this is where the Uber liability ends.
If a driver becomes an independent contractor for a company like Uber or Lyft, they need to have an insurance policy that offers them full collision and comprehensive coverage. This should include coverage for any bodily injury or property damage. In the event of a collision, Uber will not take any responsibility, and the victims of an Uber accident will have to seek compensation from the court of law. This is where other legal issues come up and determining who was at fault and who wasn’t; whether the victim was involved in any way and other related issues begin to be investigated.
Risk of Collisions and Traffic Congestion in NC areas
Motor vehicle collisions are a common occurrence in North Carolina cities like Charlotte. Most of these accidents are totally avoidable and are caused by drivers who are either distracted or drunk. Car accidents and collisions are some of the biggest safety issues in this region. Traffic congestion is another major problem. Charlotte ranks among the heaviest traffic and worst commutes in North Carolina, and placed No. 2 in the United States according to a 2024 national Forbes Commute Report. Traffic congestion is always a risk factor for road incidents and indicates the increasing number of cars and drivers on the road which in turn increases the probability of accidents and collisions.
Add the additional number of ridesharing vehicles and the risk of collision increases further. If the Uber selection process is as negligent as some claim, there is always a chance that some Uber drivers on the road may be uninsured or underinsured, distracted, or drunk.
In Case of a Ridesharing Collision
If you are a victim of an Uber/Lyft-related collision, it is important for you to consult an attorney immediately. Ridesharing services may be showing rapid growth, but there are still legal aspects related to both the service providers and the customers that need to be understood. In many cases where Uber/Lyft drivers have been involved in accidents, the company simply refuses to take any liability for its actions on the grounds that its drivers are independent contractors and that the company is not responsible for the accident, no matter how tragic. Uber/Lyft has gone so far as to say that it only provides services and not products and thus cannot be held responsible for a driver’s actions.
It is important to understand that even if your claim does not affect the ride-sharing company, it is your right to file charges against the driver in question. You can do so by citing driver negligence, failure to yield, distracted driving, vehicular manslaughter in case of fatalities, and other related reasons. But this can only be achieved if you get the right legal representation through attorneys who have experience and skill in Uber/Lyft accident cases related to ridesharing services.
Reach Out to an Experienced Ridesharing Accident Lawyer in Charlotte
Most ridesharing passengers are not aware of the laws surrounding the monitoring of the drivers, the rights of passengers, and the liability of the company and each independent driver. Victims who suffer injuries – whether short-term or long-term have a right to be compensated for their losses – whether it’s the loss of wages, loss of time, loss of property, medical bills, etc. Some are so stressed out from the trauma of a collision that they fail to consider the legal aspect of their situation.
If you are a victim of an Uber, Lyft, or Taxi accident, call our lawyers immediately. We have significant experience in this area and are able to ensure that you are adequately compensated for any physical injuries, emotional trauma, and loss of property. Contact us today for a free consultation.
