Who Is Liable in a Rideshare Accident in Virginia?

Who is liable in a rideshare accident in Virginia? In a rideshare accident in Virginia, one or more parties may be liable for the injuries and losses of others, depending on the cause of the accident and what was occurring at the time of the incident. In some situations, the rideshare driver and company may be at fault if they cause the accident while providing a rideshare service while logged into the app.

The rideshare driver may be solely responsible in situations where they are not providing a service at the time. Third parties may also play a role. Speak with a Richmond rideshare accident lawyer today.

The Rideshare Driver

The rideshare driver may be responsible for the losses and injuries they cause to others while operating the vehicle. If the driver is not logged in and providing a service at the time, the driver is solely responsible, with no shared liability from the company.

Rideshare drivers may cause an accident through actions such as:

Distraction while driving: Such as using an app, sending a text message, or engaging in a deep conversation with others
Fatigued driving: A fatigued driver, especially after long hours on the road, may be responsible for the actions if they doze off or fail to react quickly enough.
Impaired driving: A driver who is under the influence of alcohol or drugs, and therefore impaired, may cause an accident to occur, and they would hold responsibility.
Reckless operation of the vehicle: The driver typically bears fault if they engage in reckless actions such as weaving through traffic, tailgating drivers ahead, or illegally merging.
Mechanical failures: The rideshare driver is responsible for maintaining their vehicle, and failure to do so can result in financial liability for injuries caused by an accident.

In most situations, the driver holds a rideshare liability insurance policy with coverage exceeding the required minimum. That means victims have the ability to file a claim against the driver’s insurance for up to their total losses. A Richmond personal injury lawyer can answer your questions.

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The Rideshare Company

The rideshare company, such as Uber or Lyft, may be responsible for your accident injuries and losses if you can demonstrate that the driver was engaged in providing a service at the time of the incident. To meet this qualification, several key factors must be taken into consideration:

The driver must be logged into the rideshare app at the time of the accident.
The driver must have accepted a ride request through the app.
The driver is either on the way to pick up that person or providing the ride at the time of the accident.

For the rideshare company to be held responsible, all three elements must be in place and documented within the app itself. You may know this is the case if you are the passenger who requested the service through the app.

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A Third-Party Driver

In some situations, another driver on the road with the rideshare driver may cause the accident. That can make the claims process more confusing because you must demonstrate they were at fault. For example, a driver may have struck the rideshare car while you were in it as a passenger.

In this situation, the same process follows as any other personal injury claim involving a car accident. You must document your injuries and losses and then file an insurance claim against the at-fault driver’s coverage. Be sure you document all of your losses, including economic and non-economic damages.

There may be a dispute over fault in this situation, especially if both drivers share some responsibility. In that case, you may be able to pursue legal action against all at-fault parties to recover the damages you suffered. It is wise to work with a car accident lawyer in Virginia before moving forward with these cases.

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A Third-Party Non-Driver

The accident case can become even more challenging in situations where there are other factors contributing to the accident. In some situations, your attorney may demonstrate that there are others who hold some level of fault in what caused your injuries.

Here are some examples of how this may apply:

The city: A city could be held accountable if the traffic signals were not working or if visibility problems caused the accident. A city could also be held accountable if a city-owned bus caused the accident.
A mechanic: If the person making repairs on the vehicle that caused the accident failed to do their job properly, that party could be held accountable for the losses in the accident.
The manufacturer: You may be able to prove that the vehicle’s manufacturer designed or manufactured a car or component that caused the accident.

These cases are relatively uncommon, meaning it can be hard to prove that any of these apply to your situation. However, with the help of a local attorney, you increase your ability to identify these parties and, as a result, to pursue fair compensation in cases related to them.

The Statute of Limitations Applies

You can only seek a liability claim against any party in a rideshare accident if you seek action within the state’s statute of limitations. This falls under Virginia Code § 8.01-243.

The law provides most victims of personal injury claims with two years from the date of the injury to file a lawsuit for any losses they suffered. Speak with a Richmond car accident lawyer today.

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Work with a Local Attorney for Guidance on Your Rideshare Accident Case

If you suffered injuries in a rideshare accident, you have the right to pursue compensation for any losses you have.

The process can be complex, and the responsibility for proving your losses is on your shoulders. When you hire a rideshare accident lawyer in Virginia from The Pendleton Law Team, you gain the confidence you need to move your case forward.

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