What Should I Do After a Ridesharing Car Accident in South Carolina

How to Protect Your Rights After a Ridesharing Car Accident in South Carolina: Greenville Personal Injury Lawyers Explain What to Do, Including Our TOP TIP

Although there are many different ways to get around Greenville, ridesharing with apps like Uber and Lyft has become one of the most common ways. Whether you are using ridesharing apps for work, travel, or entertainment, they have become a staple in South Carolina and the rest of the United States. Most people who use ridesharing services get to and from their location without much trouble. However, Uber and Lyft accidents do occur and can result in serious personal injuries. Our Greenville personal injury lawyers know that, unlike regular motor vehicle accidents, ridesharing accidents also carry an extra layer of potential legal issues that can complicate these cases. This is why it is important for everyone to know what to do after a ridesharing car accident in South Carolina – especially our top tip to help protect your case.

That’s because certain mistakes a victim could make after a ridesharing accident could significantly impact what type of compensation they may be entitled to under the law. Insurance adjusters and defense lawyers know this and will quickly try to take advantage of the complexities of a ridesharing case against you and your family.

Don’t let that happen to you. If you or a loved one were seriously injured in a ridesharing accident, or if a loved one was wrongfully killed in a motor vehicle crash, contact The Hammack Law Firm to learn more about your rights to compensation under South Carolina law. Our compassionate and experienced Greenville personal injury lawyers can help you and your family recover compensation for your medical bills, lost wages, and conscious pain and suffering.

Why Ridesharing Car Accidents Are Different

Generally, most car accidents involve private citizens asserting claims against each other. That might be one driver against another driver in a multiple-car accident or a passenger against a driver in a single-car accident. Other times it could be a pedestrian or cyclist against a driver, which is also pretty straightforward.

But where car accident cases get complex is when there is a business involved. For instance, when a truck driver causes an accident, the truck driver’s company is liable for the driver’s negligence. That’s through the doctrine of respondeat superior, which means that an employer is liable for an employee’s negligence that occurs within the scope of employment. Said differently, an employee’s acts are pinned on the employer. So if the employee is negligent, the employer is too. Yes, there are instances where the driver could also be liable, but generally, the
employer will be solely responsible, and the employer’s insurance will be the main source of compensation for victims.

However, in ridesharing car accident cases, giant corporations like Uber and Lyft have tried to put up artificial walls to prevent them from being liable. Instead of calling a driver an employee, they have tried to say they were independent contractors or freelancers. Under South Carolina law, respondeat superior only applies to employees – not independent contractors or freelancers. Thus, ridesharing companies will often try to tell a victim and their families they aren’t responsible and to go away (but still pay for the ride!).

Changes in the Law, Thanks to Personal Injury Lawyers (and Maybe Politicians, a Little)

Fortunately, the law has caught up and does not allow ridesharing companies to hide behind drivers. This is largely due to litigation between a plaintiff’s personal injury lawyers and insurance defense lawyers, which results in common law decisions (or judge-made law). As the landscape shifted, the Legislature started to create further protections for victims. This includes SC Code section 58-23-1630, which prescribes certain insurance coverage requirements that ridesharing drivers and companies must provide.

Specifically, ridesharing companies and their drivers who are logged into the digital network but not yet engaged in a ride (i.e., waiting for a ride to accept), must have a minimum of:

– $50,000 insurance for death or bodily injury per person per accident, AND
– $100,000 insurance for death or bodily injury total per accident, AND
– $50,000 coverage for property damage per accident.

That means if a ridesharing driver is cruising around waiting for an assignment and rear-ends another vehicle, each victim may be entitled to up to $50,000 for their injuries. The amount for all victims can be no more than a total of $100,000. Of course, these are the minimum requirements, and a driver or ridesharing company can obtain higher coverage.

However, when a driver is engaged in an active ride – meaning that the driver has picked up a rider and is transporting the rider to a destination through the app – the ridesharing insurance policy must have a minimum of $1 million for death, bodily injury, and property damage.

How Ridesharing Companies Will Still Try to Wiggle Out

Despite changes in the common law and the statutory law, including the insurance requirements, ridesharing companies will often try to shift the blame for a ridesharing car accident in South Carolina away from themselves. This could be trying to limit liability or damages (your injuries). Some of the common tricks include the following:

– Arguing the driver was acting outside the scope of ridesharing – including working for the other app!
– Claiming the ride had not started or that the ride had ended (we can beat this with our TOP TIP)
– Contending that the driver had not yet accepted the ride and was just in the “cruising” mode with the lower insurance requirements
– Alleging that the rider and the driver had a side agreement that was not within the scope of business for the ridesharing app
– Arguing that the rider was not injured
– Alleging that the rider had pre-existing injuries that would lower their recovery
– Claiming that a third party was responsible for the accident
– Refuting that the accident even occurred,
– Making other claims that should be evaluated and fought back against by a Greenville personal injury lawyer like ours at The Hammack Law Firm.

What to Do After a Ridesharing Car Accident in South Carolina to Protect Your Rights

Given how defendants, defense lawyers, and insurance adjusters will try to evade liability in a ridesharing car accident in South Carolina, some of the most important things that a victim can do to protect their claim include the following:

– Call 911 After a Crash – no matter how small it may appear, always call 911 to get first responders on the scene. The police will review and document the car accident, gathering insurance and contact information as well as potentially issuing a ticket (which can help you prove liability later). Medical providers will evaluate and treat victims, often referring them to the hospital for help. If that means you—follow their instructions and get evaluated.
– TOP TIP: Take a Screenshot On Your Phone of the Ridesharing App Open – since a major defense is that the ride was not ongoing, take a screenshot of the app’s open page with the map, clock, and other information that indicates that the ride was still ongoing. Do not exit out or otherwise click to end the ride until you have done that. Do not even report a problem until you have done that. Always preserve this information and take a screenshot of the app.
– Take Photos or Videos of the Scene – try to take photos or videos of the accident scene, including signage, traffic control devices, debris fields, skid marks, and anything else that may be useful. Only do this if it is safe and if you are physically able to.
– Gather Witness Information – collect the names, addresses, phone numbers, email, and any other data from witnesses to help you identify and contact them at a later time. They can help prove your case, and the police may not necessarily get all of the information that you need before the witness leaves.
– Follow Up With the Doctors – after an accident, always get the medical treatment you need. That includes going to doctors and follow-up appointments, following their instructions, and getting treated. Do not play the hero! If it hurts, tell them and continue to follow up with them.
– Stay Off Social Media – it might be really tempting to blast information about your accident, injuries, and how evil the defendant may be – but don’t do that! Instead of “marking yourself safe” from a car accident, just ignore posting or commenting. Your claims of pain and suffering can be negatively affected if you spend too much time online by posting photos of going out, restaurants, trips, or other events. Even if you think that what you are posting is not related to your accident or your injuries, think again! Even a half-decent defense lawyer can spin your photos on the couch with your cat as not suffering or diminishing your daily activities. Just avoid social media until after your case is settled or after a jury verdict is decided and the time to appeal has expired.
– Notify Your Insurance Company – follow the requirements of your insurance carrier to provide notice of a claim, but just enough information to open up a claim. Let your lawyer put in a more complete claim to protect your rights.
– Hire a Skilled and Experienced Greenville Car Accident Lawyer – don’t try to handle this alone. Whenever you are injured in a ridesharing car accident in South Carolina, contact an experienced personal injury lawyer firm like The Hammack Law Firm. We can help notify your insurance carrier and complete the claim form while protecting your rights.

Still Not Sure What to Do After a Ridesharing Car Accident in South Carolina? Call Our Greenville Car Accident Lawyers, and We Can Help

If you or a loved one were seriously injured in a motor vehicle accident, especially a ridesharing car accident in South Carolina, call The Hammack Law Firm. Even if you are just visiting South Carolina on business or vacation, you’ll likely need a South Carolina personal injury lawyer to represent you. Our experienced car accident lawyers in Greenville can help you and your family learn more about your rights to compensation, including during a free consultation. To hear more about how we can help fight back against the Evil Ridesharing Empires, call us by dialing (864) 428-7591 or by sending a message here.