Oklahoma City Rideshare Accident Attorney

Rideshare companies like Uber, Lyft, and others have revolutionized how people get around. These apps allow people to request a ride with the touch of a button, and they have become so popular that millions of people have these apps downloaded and use them regularly.

Unfortunately, rideshare drivers are not always as safe as they should be. They are not required to undergo the same background checks as taxi drivers and are not always subject to the same safety training and requirements. As a result, rideshare drivers have caused several car accidents and even fatalities.

At Fulmer Sill, we know how to investigate these accidents and hold rideshare drivers accountable for the harm they cause. Our Oklahoma City rideshare accident lawyers are prepared to take on these companies and their insurance providers to make them pay.

Common Causes of Rideshare Accidents in Oklahoma City

Analyzing the factors leading to rideshare accidents is vital for understanding how these incidents occur and improving safety for both drivers and passengers. In Oklahoma City, driver distraction is one of the leading causes of rideshare accidents. Drivers often need to engage with navigation apps and communicate with passengers, leading to moments of inattention. Additionally, the pressure to quickly accept and complete rides can encourage speeding or other aggressive driving behaviors, heightening the chance of accidents.

Another significant factor is the variance in driving skill and experience among rideshare drivers. Unlike professional taxi services, rideshare drivers might lack extensive local knowledge and safe driving training. These discrepancies can contribute to poor decision-making, particularly in high-traffic areas or during adverse weather conditions typical in Oklahoma, such as sudden storms or icy roads.

Addressing these root causes involves comprehensive regulatory measures and enhanced driver training. Rideshare companies must be proactive, implementing policies prioritizing safety over speed, such as better training programs focusing on safe driving practices and managing in-car technology.

Rideshare Law in Oklahoma City

In Oklahoma City, both state and local authorities regulate ridesharing services like Uber and Lyft. In 2017, the state of Oklahoma passed House Bill 1614, which created a framework for regulating transportation network companies (TNCs) or ridesharing services. The law established requirements for insurance, background checks, and driver licensing.

Rideshare drivers must meet specific criteria, including being at least 21 years old, possessing a valid driver’s license, and passing a background check. The background check typically includes reviewing driving records, criminal records, and sex offender registries.

Rideshare vehicles must meet specific standards set by the ridesharing companies and may be subject to periodic inspections. These requirements usually include vehicle age, condition, and insurance coverage.

Additionally, passengers must understand that while ridesharing companies provide a degree of convenience, their regulatory frameworks can sometimes lag behind modern safety standards and technologies. Continuing updates to these laws emphasize stricter enforcement of driver eligibility and vehicle safety standards to protect passengers further. The goal is to safeguard passengers and ensure safer travel in rideshare environments.

Understanding Insurance Coverage in Rideshare Accidents

In Oklahoma, insurance coverage for rideshare accidents, such as those involving Uber or Lyft, can be complex because it depends on the driver’s status at the time of the accident. Depending on the situation, the rideshare company’s and driver’s personal auto insurance may apply.

Driver Not Logged Into the App (Offline)

If the driver is not logged into the rideshare app when the accident occurs, the driver’s auto insurance will be the primary coverage. Uber or Lyft’s insurance policies do not apply in this scenario because the driver is considered operating the vehicle for personal use.

Driver Logged Into the App (Waiting for a Ride)

When the driver is logged into the app and waiting for a ride request but not actively transporting a passenger, the driver’s auto insurance is still the primary coverage. However, if the personal insurance policy does not provide adequate coverage or denies the claim (which can happen because most personal policies exclude rideshare driving), Uber and Lyft provide contingent liability coverage, which includes:

• $50,000 per person for bodily injury.
• $100,000 per accident for bodily injury.
• $25,000 for property damage.

Understanding the nuances of rideshare insurance is essential for injured parties. Coverage can oscillate based on seemingly minor details, such as whether the rideshare app was active. Moreover, both Uber and Lyft frequently update their policies to adjust for legal requirements and coverage standards changes, which can significantly impact claim proceedings. Passengers and drivers should consult up-to-date resources and seek professional guidance to navigate these complexities.

Driver En Route to Pick Up a Passenger

Once the driver accepts a ride request and is on the way to pick up a passenger, the rideshare company’s commercial insurance policy takes over. This policy provides:

• $1 million in third-party liability coverage.

Uninsured/underinsured motorist (UM/UIM) coverage may also be available in cases where the other driver is at fault but does not have sufficient insurance.

Driver Transporting a Passenger

While the driver is actively transporting a passenger (from when the passenger enters the vehicle until drop-off), the rideshare company’s entire $1 million liability coverage applies, as well as UM/UIM coverage. This protects passengers, the driver, and other parties involved in the accident.

In these instances, the comprehensive insurance coverage offered by rideshare companies is a boon to passengers. All parties involved must document the accident and gather evidence thoroughly. Quick actions can significantly enhance the effectiveness of claims, ensuring rightful compensation without unnecessary delays.

Filing a Claim After a Rideshare Accident

Oklahoma follows an at-fault insurance system, meaning the driver who caused the accident is responsible for covering damages. If the rideshare driver is at fault, you may be able to pursue compensation through their insurance, whether it’s the driver’s policy or the rideshare company’s commercial policy. If another driver is at fault, you will file a claim with their insurance.

• If you’re a ride-sharing vehicle passenger, The rideshare company’s insurance will generally cover your injuries under their $1 million liability policy.
• If you’re another driver or pedestrian: Your claim will likely be covered by the rideshare company’s insurance if the driver was on a trip or en route to pick up a passenger. If the driver was waiting for a ride request or offline, the driver’s personal insurance or contingent coverage may apply.

Understanding which insurance coverage applies can be tricky, especially in a rideshare context. So, consulting with an Oklahoma City Uber accident lawyer may be essential to ensure you’re fully compensated for your injuries and damages.

Documenting every detail after an accident can significantly affect the outcome of your claim. Always report the incident promptly, obtain a police report, gather witness statements, and take photographs at the scene. Engaging with an experienced attorney can alleviate some of the confusion associated with filing claims and help navigate the intricacies of insurance policies, ensuring maximum compensation.

Protecting Your Rights with Oklahoma City Rideshare Accident Attorneys

Ensuring your rights are protected after a rideshare accident involves understanding local legal contexts and available resources. First and foremost, victims should immediately seek medical attention, regardless of whether injuries are initially apparent. Prompt medical evaluations protect your health and establish vital medical documentation for subsequent legal claims.

Next, it’s crucial to gather comprehensive evidence from the accident scene. This includes taking photographs, obtaining contact information from witnesses, and collecting details about all involved vehicles and drivers, including their rideshare status. This evidence is instrumental in your legal representation and building a strong claim.

Given the complexity of navigating insurance dynamics between personal auto policies and rideshare coverage, consulting with a knowledgeable legal team is indispensable. At Fulmer Sill, we offer guidance through these intricacies, advocating for fair compensation and justice. We work closely with our clients, ensuring they are well-informed and active participants in their legal strategy, thus reducing stress throughout the process.

Contact Our Oklahoma City Uber & Lyft Accident Attorneys Today

Rideshare companies are not liable for the accidents that their drivers cause. However, the rideshare company will be responsible for a portion of the accident claim if the passenger has purchased rideshare coverage. It is essential to have an experienced rideshare accident attorney on your side.

If you or someone you love has been injured in a rideshare accident, our attorneys are ready to help. We know how to investigate Uber and Lyft accidents and how to hold rideshare companies accountable. Our Oklahoma City rideshare accident lawyers are ready to fight for you.

Frequently Asked Questions About Rideshare Accidents

What Should I Do Immediately After a Rideshare Accident?

If you’re involved in a rideshare accident, it’s crucial to prioritize safety and collect necessary information. First, check for injuries and call emergency services if needed. Next, contact and insurance details should be exchanged with all parties involved. Be sure to take photographs of the scene, including vehicle damage and road conditions. Additionally, report the accident to the rideshare company to begin official documentation through their app.

Who Is Liable in a Rideshare Accident?

Liability in a rideshare accident depends on various factors, including the driver’s status in the app at the time of the accident. If the driver was off-duty, their insurance applies. If logged into the app but not carrying a passenger, their insurance is primary coverage, with Uber or Lyft providing contingent liability. The company’s commercial insurance takes over when carrying a passenger en route. Understanding this complex liability requires legal insight, which Fulmer Sill can provide.

Can I Sue the Rideshare Company After an Accident?

Suing a rideshare company poses unique challenges due to their classification of drivers as independent contractors, not employees. However, you may pursue claims against the company under certain conditions, significantly if their negligence in hiring or failure to uphold safety protocols contributed to the accident. Seeking advice from a rideshare accident attorney is essential to evaluate your claim’s specifics.

How Long Do I Have to File a Claim in Oklahoma?

In Oklahoma, the statute of limitations for filing a personal injury claim, including those from rideshare accidents, is generally two years from the accident date. It’s essential to initiate your claim promptly to ensure all evidence is fresh and witnesses are readily available. Consulting with an attorney early in the process can also provide strategic advantages in preparing a strong claim.