A rideshare accident is a terrifying experience, and when the negligence of your own driver is to blame, the sense of betrayal and injustice is profound. At Oakes Firm, we are true fighters for our clients' legal rights.
The rules and regulations surrounding rideshare companies like Uber and Lyft in Pennsylvania are different from a standard car accident. We understand the unique complexities of these claims and are committed to holding negligent drivers and their companies accountable. We have secured countless millions of dollars for our clients and will be your aggressive and compassionate advocate in a fight for justice and the maximum compensation you may deserve.
Contact an experienced Philadelphia rideshare accident lawyer at Oakes Firm today to protect your rights and pursue the compensation you deserve.
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Your Immediate Priorities After the Crash
Your health and safety are the first and most important concerns after any accident.
- Seek Immediate Medical Attention: Your injuries are the top priority. Call 911 or ask someone else to call for you. Get checked out by paramedics at the scene and be transported to the hospital if necessary. Even if you feel okay, it's vital to get a thorough medical examination. Adrenaline can mask pain, and serious injuries like concussions or internal bleeding may not show symptoms right away. Follow your doctor's orders completely and keep every record of your medical treatment. This not only ensures your recovery but also creates a vital paper trail that links your injuries directly to the accident.
- Ensure Safety: If you are able to, and it is safe, get yourself and anyone else out of harm's way. The crash scene can be dangerous, with ongoing traffic and other hazards.
- Call the Police: Always call the police to the scene of a serious accident. A police report is an official and impartial record of the incident. It will contain information about the drivers involved, their insurance information, and any initial observations the officer made about the crash, such as if the rideshare driver was speeding or a citation was issued for reckless driving.
- Gather Information (If You Can Safely): While your primary focus should be your well-being, if you can, take a few moments to gather critical information.
- Take Photos and Videos: Use your phone to document the scene. Capture photos of the damage to your rideshare vehicle and any other vehicles involved. Take pictures of the road conditions, skid marks, and any visible injuries you have sustained.
- Get Driver Information: The police will likely gather this, but if possible, get the rideshare driver's name and contact information. You will also have this in your app's trip details.
- Identify Witnesses: Look for eyewitnesses who were not in the vehicle but saw what happened. Their testimony can be invaluable. Get their names and contact information.
- Do NOT Discuss Fault or Apologize: Do not get into a discussion with the driver or anyone else about who was at fault. Do not apologize or make any statements that could be misconstrued as an admission of fault. When you speak to the police, stick to the facts of what you remember.
- Report the Incident Through the App: As soon as you can, report the accident through the Uber or Lyft app. This is a critical step that creates an official record and triggers the rideshare company’s insurance policy.
The Complex Legal Landscape of Rideshare Accidents in Pennsylvania
Rideshare accidents are fundamentally different from a typical two-car accident, primarily due to the complex insurance and liability structures involved. You aren't just dealing with the individual driver's insurance; you're dealing with the massive corporate insurance policies of Uber or Lyft.
In Pennsylvania, the insurance coverage for a rideshare driver is tiered and depends on the driver's status at the time of the crash:
- Offline: If the rideshare driver was not logged into the app, their personal auto insurance is the primary coverage.
- Online, Waiting for a Ride: If the driver was logged into the app and waiting for a ride request, Uber and Lyft provide a lower level of "contingent" coverage. In Pennsylvania, this typically includes $50,000 in bodily injury liability per person, $100,000 per accident, and $25,000 for property damage.
- En Route to Pickup or On a Trip: This is the most crucial status for you as a passenger. Once the driver has accepted your ride request and is on their way to get you, or you are in the vehicle, a massive $1,000,000 in third-party liability coverage from the rideshare company comes into effect. This is the insurance policy that we will aggressively pursue to cover all your damages.
Since you were a passenger in the vehicle, your claim falls into this last, most robust category of insurance coverage. This is a game-changer, as it means there are significant funds available to cover the often-catastrophic damages that result from a serious crash.
Proving Negligence and Building a Strong Case
In Pennsylvania, to successfully secure compensation, we must prove that the rideshare driver's negligence was the cause of your injuries. When a driver is speeding or driving recklessly, this provides powerful evidence of their negligence.
Here's how Oakes Firm will build your case:
- Utilizing the Police Report: We will obtain and meticulously review the police report. If the officer cited the driver for a traffic violation like speeding or reckless driving, this is incredibly strong evidence of negligence.
- Leveraging App Data: Rideshare apps track the driver's movements, speed, and other data. We can use legal subpoenas to obtain this information and prove that the driver was, in fact, speeding or driving recklessly at the time of the accident.
- Gathering Witness Testimony: If there were other passengers or external witnesses who can corroborate your account of the driver's reckless behavior, their statements will be a key part of your case.
- Analyzing Your Injuries: The nature and severity of your injuries can also provide clues about the force of the impact and the speed at which the vehicle was traveling. We will work with medical experts to document your injuries and their long-term impact on your life.
- Dealing with Insurance Companies: The insurance companies for Uber and Lyft are massive and will have teams of lawyers whose job is to minimize their payouts. They may try to settle with you quickly for a fraction of what your case is worth. Our firm knows their tactics and will handle all communications with them, protecting you from their lowball offers and aggressive questioning. We will fight them head-on to secure the maximum compensation.
What Damages Can You Recover as an Injured Rideshare Passenger?
As a passenger, you are almost never found to be at fault for the crash. This means under Pennsylvania's comparative negligence rules, you should be entitled to full recovery. Our goal is to secure the maximum compensation for all your losses, both economic and non-economic.
Economic Damages: These are quantifiable financial losses.
- Medical Expenses: All past, present, and future medical costs, including emergency room visits, hospital stays, surgeries, physical therapy, prescription drugs, and medical equipment.
- Lost Wages: Compensation for any time you missed from work due to your injuries and recovery.
- Loss of Earning Capacity: If your injuries are so severe that they affect your ability to work or earn a living in the future, you are entitled to compensation for that loss.
Non-Economic Damages: These are non-monetary losses that have a profound impact on your quality of life.
- Pain and Suffering: Compensation for the physical and mental pain you have endured since the accident.
- Emotional Distress: Damages for the psychological trauma, anxiety, fear of getting back into a car, and emotional anguish caused by the crash.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you once enjoyed.
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Your "Full Tort" Rights as a Rideshare Passenger in Pennsylvania
One of the most significant complexities in any Pennsylvania car accident claim revolves around "tort options" – specifically, whether you have "full tort" or "limited tort" insurance coverage. This choice directly impacts your ability to sue for certain damages, particularly for pain and suffering. However, as an injured rideshare passenger in Pennsylvania, you automatically hold a critical advantage: you are generally entitled to "full tort" recovery rights, regardless of the tort option on your personal auto insurance policy.
Understanding Pennsylvania's Tort Options:
- Full Tort: If you have full tort coverage on your own policy, you have the unrestricted right to sue an at-fault driver for all damages, including both economic losses (medical bills, lost wages, etc.) and non-economic losses (pain and suffering, emotional distress, loss of enjoyment of life, etc.), regardless of the severity of your injuries. This provides the broadest protection.
- Limited Tort: Many Pennsylvanians choose limited tort coverage because it typically comes with lower premiums. However, with limited tort, your ability to sue for non-economic damages (pain and suffering) is restricted. You can still recover economic damages, but to sue for pain and suffering, your injuries must meet a "serious injury" threshold as defined by Pennsylvania law (death, serious impairment of a bodily function, or permanent disfigurement), or your case must fall under a specific exception (e.g., the at-fault driver was under the influence, was driving an out-of-state vehicle, or was uninsured).
Why This Matters Immensely for Rideshare Passengers:
Here's the crucial point: In Pennsylvania, if you are injured as a passenger in a commercial vehicle, such as a taxi, bus, or – critically – an Uber or Lyft, you are automatically considered to have "full tort" rights for that specific accident. This means:
- No "Serious Injury" Threshold: You do not need to prove that your injuries meet the "serious injury" threshold to claim pain and suffering.
- Full Compensation for All Damages: You can pursue compensation for all your economic and non-economic damages, including the crucial pain and suffering and emotional distress that often accompany serious rideshare accident injuries.
- Your Personal Policy Doesn't Limit You: Even if your personal auto insurance policy is "limited tort," it does not restrict your rights as a rideshare passenger in an accident caused by your rideshare driver's negligence.
This "full tort" advantage for rideshare passengers is a powerful tool in seeking comprehensive compensation. It ensures that the emotional, psychological, and quality-of-life impacts of your injuries are fully recognized and compensated, not just your direct financial losses.
Why Oakes Firm Is Your Indispensable Partner in a Rideshare Accident
The aftermath of a rideshare accident can be a nightmare of medical appointments, endless paperwork, and confusing phone calls from insurance adjusters. You're trying to heal, but you're constantly worried about how you're going to pay for everything. This is where Oakes Firm steps in. We take on the fight so you can focus on your recovery.
- Aggressive & Relentless Advocacy: We are not afraid to take on rideshare companies and their powerful insurance providers. We will aggressively fight for your legal rights at every turn, from the initial negotiation to a courtroom trial if necessary. Our reputation as true fighters for our clients precedes us.
- Experience in Rideshare Cases: We have a deep understanding of Pennsylvania's specific rideshare laws and how the complex tiered insurance policies of Uber and Lyft work.
- Client-Focused & Compassionate Care: While we are tenacious in our legal battles, we are always compassionate and caring with our clients. We understand the physical and emotional toll of a serious injury. We will always be accessible, take your calls, keep you updated on your case, and make things easy for you by lifting the additional stress off your shoulders. We are here for you from A to Z.
- Proven Results: Our track record of securing countless millions of dollars in awards and settlements speaks for itself. Our founder, Thomas G. Oakes II, is consistently recognized as a Super Lawyers Rising Star and among the "Top 10 Under 40" by the National Academy of Personal Injury Attorneys. These accolades are not just titles; they are a testament to our dedication, skill, and ability to get results.
Don't Wait – Protect Your Rights
The statute of limitations for personal injury claims in Pennsylvania is two years from the date of the accident. While that may seem like a long time, evidence can disappear and memories can fade. The sooner you contact a lawyer, the stronger your case will be.
If you were a passenger in a rideshare vehicle and were injured in a crash caused by a speeding or reckless driver, you have a right to hold the responsible parties accountable and secure the compensation you may deserve. You need a legal team that is very professional and aggressive to get the best care and maximum penalty payout.
Contact Oakes Firm today at (267) 310-0656 for a free consultation. Our experienced and compassionate Philadelphia personal injury attorneys are ready to listen to your story, answer your questions, and begin the fight for justice on your behalf. Don't face the insurance companies alone. Let us be your champion and secure the justice you are owed.