Rideshare apps have become a common means of transportation, making people’s movement easier than ever before. However, Uber or Lyft may be involved in crashes like other ordinary cars. This leaves many pedestrians wondering if they have legal recourse if an Uber or Lyft hits them.
Essentially, pedestrians struck by rideshare vehicles have the right to file a lawsuit to seek damages. However, the success of your claim is intricately tied to the specific details of your case and the status of the rideshare driver app at the time of the incident. Given such complexities, seeking guidance from a pedestrian accident lawyer familiar with these cases is advisable. An pedestrian accident attorney can assess the driver’s status at the time of the crash, investigate liability, and help determine the best course of action for your claim.
Read on to learn what goes into suing an Uber or Lyft driver for causing a crash that harms you.
When Can I Sue as a Pedestrian Hit By Uber or Lyft?
If an Uber or Lyft struck you while you were walking, your right to sue is based on the fundamental principle of negligence. However, in rideshare-related pedestrian accidents, this question is not always straightforward. Your eligibility to file a lawsuit depends on whether the driver caused the accident, their status within the app at the exact time of the incident, and whether broader parties may be held responsible.
To successfully initiate a personal injury lawsuit, you must prove four legal elements:
- Duty of Care: Rideshare drivers have a legal obligation to be cautious and obey traffic laws to prevent harm to others, including pedestrians.
- Breach of Duty: The Uber or Lyft driver must have failed in that obligation. Examples include texting while driving, speeding through a crosswalk, or ignoring a red light.
- Causation: There must be a clear connection between the rideshare driver’s actions and your injuries.
- Damages: You must have sustained actual, documentable harm, such as medical expenses, loss of income, or long-term disability.
If these elements are present, a lawsuit may be warranted. A pedestrian accident lawyer can help uncover the parties against whom to sue, either the driver directly or potentially the rideshare company’s insurance policy if applicable.
App Activity Determines Scope of Liability
What sets rideshare accidents apart from traditional vehicle collisions is the several legal considerations introduced by the driver’s app activity. Your ability to sue for maximum compensation, especially exceeding the limits of the driver’s personal auto insurance, depends on proving that the Uber or Lyft driver app was in use at the time of the incident. Here’s how status impacts liability:
- Driver Not Using the App: When a rideshare driver is not using the app, the company’s insurance does not apply. You can sue the driver personally, but Uber or Lyft are not financially involved. The driver’s private auto policy is the only source of recovery.
- Driver Logged In, No Ride Accepted: If the driver is on but has not yet accepted a ride request, Uber and Lyft provide limited third-party liability coverage. You can sue, and Uber or Lyft may provide limited third-party liability coverage if the driver’s personal insurance is insufficient.
- On the Way to Pick Up or Ferrying a Rider: When the driver is either heading to pick up a customer or actively transporting one, the rideshare company’s full commercial insurance policy is triggered. Usually, liability coverage goes up to $1 million and, in many cases, uninsured/underinsured motorist protection. It is the most favorable scenario for compensation.
If the driver’s app status is unclear or disputed, your pedestrian accident attorney can request digital usage logs from Uber or Lyft to clarify the timeline. The driver’s activity at the time of the incident is vital for unlocking access to the higher-tier insurance policy. Your attorney will guide you through this process, ensuring all necessary steps are taken to strengthen your case.
Injury Severity Matters
Not every pedestrian incident justifies a lawsuit. Minor injuries may be handled through insurance claims without the need for formal litigation. However, if the injuries are severe and result in hospitalization, surgery, long-term disability, or lost income, filing a lawsuit may be necessary to recover the full value of the damages. For example, if you sustained a serious injury like brain trauma, broken bones, or permanent disability, you may require compensation beyond what insurers routinely offer.
What If the Insurer Denies or Undervalues the Claim?
Insurance companies may deny responsibility or offer minimal settlements even when negligence is obvious. They may argue that you were jaywalking, that liability is unclear, or that the driver wasn’t working under the app at the time. In such situations, filing a lawsuit is the best path to compel fair compensation.
Importantly, even a strong case will fail if not filed on time. Your case is subject to the statute of limitations for personal injury claims. Therefore, while you can rightfully sue for damages after an Uber or Lyft crash, you must act promptly to avoid missing this deadline. Your pedestrian accident lawyer can help to preserve your right to sue by observing the legal deadlines.
Who May Be Liable for A Rideshare Accident?
Determining liability in a rideshare-related pedestrian accident is not always straightforward. It is because you might be dealing with multiple parties who bear legal responsibility, depending on how the crash occurred. Here are the potential defendants:
- The Rideshare Driver: If the driver’s inattention, speeding, or illegal behavior caused the crash, they are the primary liable party. Whether they were logged into the app or not will influence the available insurance and who can be sued.
- Uber or Lyft: Rideshare companies may be indirectly liable under specific circumstances, particularly if the driver was actively working and the company failed to conduct proper background checks or enforce inadequate safety practices. However, rideshare platforms generally classify drivers as independent contractors to avoid direct liability so that this issue can become legally demanding.
- Third-Party Drivers: Sometimes, another driver causes the accident—for instance, if they swerved and forced the rideshare driver into a pedestrian. In such cases, the third party’s insurance may be a source of recovery.
- Vehicle Manufacturers or Mechanics: If the rideshare vehicle had defective brakes, lights, or tires, a product liability claim or a case against a negligent mechanic may be viable.
- Local Government Entities: Poorly designed intersections, missing crosswalks, or malfunctioning traffic signals can lead to pedestrian injuries. A municipality might share responsibility if a roadway hazard contributed to the crash.
Assigning liability requires a fact-specific inquiry supported by evidence, such as app records, driver logs, dashcam footage, and eyewitness statements. A rideshare accident lawyer plays a vital role in identifying all liable parties and structuring the claim for maximum recovery.
Why Do I Need a Rideshare Accident Lawyer?
If you found yourself in an Uber or Lyft accident while walking, your case is not a simple car-versus-pedestrian accident. As seen already, these incidents involve complex legal and insurance issues unique to the rideshare industry. To pursue fair compensation, you’ll need legal support that accounts for the specific legal issues of rideshare liability and protects your rights from the beginning. Here are the ways an Uber or Lyft accident attorney can help with your case:
Establishing Driver App Status
When a rideshare driver hits a pedestrian, the availability of Uber or Lyft liability insurance depends on the driver’s status within the app at that moment. If the driver was actively picking up or transporting a passenger, you may be entitled to access up to $1 million in third-party coverage. A lawyer can obtain the necessary app activity records and ride data to prove the driver was on duty and trigger those higher policy limits—something that’s rarely straightforward for injured individuals to do on their own.
Identifying The Liable Parties
Your injuries may have been caused by more than just one careless driver. A rideshare accident attorney investigates the whole picture, considering the following:
- Whether another vehicle contributed to the collision,
- Whether poor road design or broken infrastructure played a role,
- Or whether corporate negligence, such as a failure to remove unsafe drivers from the platform, factored into your injury.
By identifying all liable parties, your legal team maximizes your chances of recovering full compensation from all available sources.
Dealing With Corporate Insurers
An insurance claim is usually the first step in seeking damages after being hit as a pedestrian. However, Uber and Lyft’s insurance carriers are not like typical auto insurers; they are large, commercial entities with extensive legal support aimed at protecting the company’s interests. They may argue that you were partially at fault, dispute your injuries, or delay negotiations altogether. An attorney who understands how these insurance systems work can negotiate aggressively on your behalf and ensure that no opportunity for fair recovery is lost.
If the insurer refuses to pay a fair amount or denies liability altogether, then it escalates to a lawsuit. An attorney will file your case with the court, which allows a judge to determine the outcome based on the presented evidence.
Managing the Timing
In a rideshare pedestrian case, timing matters. Key digital evidence, such as GPS records, ride logs, and dashcam footage, may disappear unless legally preserved. Your pedestrian accident attorney can act quickly to send preservation letters and collect this evidence before it vanishes. Additionally, your injury lawsuit is under state-specific statutes, where missing a deadline can permanently bar your case. Fortunately, a lawyer will ensure all necessary steps are taken on time and that your right to sue remains intact.
Assessing the Full Extent of Your Losses
Pedestrian injuries tend to be severe and long-lasting. What initially seems like a temporary injury can lead to ongoing medical treatment, permanent disability, or emotional trauma. A rideshare accident lawyer will calculate your full damages to ensure your claim reflects the real, long-term consequences of being hit. It includes recovery for future medical costs, loss of mobility, impact on daily living, and emotional suffering.
After a Rideshare Accident, What Next?
As a pedestrian harmed by an Uber or Lyft, you need to be keen on your actions because they can affect your legal position. What you do in the weeks following the crash is critical to protecting your health and legal rights.
Start by preserving any evidence that may still be in your possession. You may not have gathered evidence at the scene, especially if you were seriously hurt, but you might have photos on your phone, clothes showing signs of impact, or receipts tied to the incident. If law enforcement responded to the crash, an official accident report is likely on file. Obtaining a copy of this report can provide important context.
You should also be cautious in any conversations with insurance companies. Whether you’re contacted by Uber, a Lyft insurer, or the driver’s personal carrier, keep in mind that providing recorded statements can affect your ability to take legal action. Politely decline to speak in detail and refer any requests for information to your attorney.
Importantly, be sure to collect all follow-up medical records as well. It includes physical therapy notes, imaging reports, prescriptions, and future treatment plans. Every aspect of your continued care—especially costs and long-term effects—can influence the total value of your claim. If your injury turns out to have lasting consequences, your records will be essential for a lawsuit that seeks full compensation.
Finally, don’t delay in speaking with a rideshare accident attorney. They can help secure electronic records from Uber or Lyft before they become difficult to access, and they’ll advise you on whether a lawsuit or insurance claim is the better path. A rideshare accident attorney can evaluate your remaining timeline and advise you on the best action.
A Rideshare Accident Attorney Can Help
If you were struck by a rideshare driver while walking, you can take legal action against the responsible party. However, the legal and insurance processes may feel overwhelming, especially when dealing with injuries. An attorney familiar with rideshare injury claims can step in to handle the potential complexities on your behalf.
Proper legal support ensures that all responsible parties are held accountable and that you don’t miss the legal steps that are key to your recovery. Reach out to your attorney as soon as possible and start forming a strong claim that can help obtain justice.