Rideshare services have become a common way for people to get around in Oklahoma. They offer convenience and affordability, but like any other mode of transportation, accidents can happen. If you’re involved in a rideshare accident, you might be left with questions about what to do next, especially when it comes to seeking legal remedies.
In this post, we will explore the legal options available to victims of rideshare accidents in Oklahoma. We’ll break down how liability works in these accidents, the types of compensation you may be entitled to, and the steps you should take if you are injured in a rideshare accident.
Understanding Rideshare Accident Liability in Oklahoma
Rideshare accidents can be complicated due to the unique nature of the relationship between the driver, the company, and the passengers involved. Unlike traditional taxi services, rideshare drivers are considered independent contractors rather than employees of the company. This distinction can affect who is liable for the accident.
Oklahoma follows a traditional fault-based system for car accidents, meaning the party responsible for the accident is liable for damages. But determining fault in a rideshare accident can involve several factors:
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Rideshare Driver’s Fault: If the rideshare driver causes the accident due to negligence or recklessness, such as speeding, distracted driving, or failing to follow traffic laws, the driver may be held liable for the accident.
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Third-Party Driver’s Fault: In some cases, the rideshare driver may not be at fault. A third party, such as another motorist, could be responsible for the accident. In these cases, the at-fault driver and their insurance would be responsible for damages.
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Rideshare Company’s Liability: While rideshare companies like Uber or Lyft generally don’t directly employ their drivers, they may still be held responsible under certain circumstances. For example, if the company fails to properly vet the driver or provide adequate insurance coverage, it may be liable for injuries caused during a rideshare accident.
Types of Compensation for Rideshare Accident Victims
If you’ve been involved in a rideshare accident in Oklahoma, you may be entitled to compensation for your injuries. Depending on the details of the accident and who is found at fault, there are several types of compensation you could pursue:
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Medical Expenses: Medical bills for treatment resulting from the accident can be substantial, especially if you need emergency care, surgery, or long-term rehabilitation. Compensation can cover hospital bills, doctor’s visits, physical therapy, and other medical expenses.
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Lost Wages: If you miss work due to your injuries, you may be able to recover lost wages. This includes both current wages and any future income you may lose if your injuries prevent you from working in the future.
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Pain and Suffering: In addition to the financial costs of an accident, you may also be entitled to compensation for physical pain, emotional distress, and the overall impact the accident has had on your life.
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Property Damage: If your vehicle or personal property was damaged in the accident, you may be able to claim compensation for repairs or replacement.
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Punitive Damages: In rare cases, if the at-fault driver’s actions were particularly egregious, such as driving under the influence or reckless driving, the court may award punitive damages. These are designed to punish the wrongdoer and deter future misconduct.
Steps to Take After a Rideshare Accident
If you’ve been involved in a rideshare accident in Oklahoma, it’s important to take the following steps to protect your legal rights and build a strong case:
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Seek Medical Attention: Your health should always be your first priority. Even if you don’t immediately feel injured, it’s important to seek medical attention. Injuries from car accidents, particularly soft tissue injuries, may not be immediately apparent. Having a medical record of your injuries will also be crucial for your case.
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Report the Accident: Report the accident to local law enforcement. Having an official police report will help establish the facts of the accident and may be used as evidence in your case.
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Collect Evidence: If you are able, gather as much evidence as possible. This includes taking photos of the accident scene, the damage to vehicles, and any visible injuries. Be sure to get the contact information of any witnesses who can support your version of events.
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Contact Your Insurance Company: If you are a passenger in a rideshare vehicle, your personal insurance may cover certain medical expenses. However, this depends on the specifics of your policy and the situation. It’s important to notify your insurance company about the accident, even if you are not at fault.
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Contact a Personal Injury Lawyer: Rideshare accident cases can be complicated due to the involvement of multiple parties (drivers, rideshare companies, insurance companies). A personal injury lawyer with experience in handling rideshare accidents can help you navigate the legal process, negotiate with insurance companies, and ensure you get the compensation you deserve.
Oklahoma Rideshare Insurance Coverage
Rideshare companies in Oklahoma are required to carry certain levels of insurance coverage to protect both drivers and passengers in the event of an accident. However, the level of coverage varies depending on the status of the driver at the time of the accident.
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When the Driver is Offline: If the driver is not actively driving for the rideshare company (i.e., they are offline or not accepting rides), their personal car insurance is the primary coverage.
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When the Driver is Online and Waiting for a Ride: If the driver is logged into the app and waiting for a ride request but hasn’t yet picked up a passenger, the rideshare company’s insurance coverage may provide some protection. This typically includes liability coverage for injuries caused by the driver in an accident.
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When the Driver is Transporting a Passenger: If the driver is actively transporting a passenger, the rideshare company’s insurance coverage provides the most protection. Uber and Lyft typically offer a $1 million liability coverage policy during this time. This coverage can help with medical bills, property damage, and other expenses.
However, it’s important to note that even with rideshare company insurance, there may be situations where additional legal action is required to secure full compensation for your injuries.
Filing a Claim Against the Rideshare Company
If you’re unable to reach a fair settlement with the at-fault driver’s insurance or the rideshare company’s insurer, filing a lawsuit may be necessary. In some cases, the rideshare company may dispute liability, or their insurance coverage may not be enough to cover all of your damages. A lawsuit can be a way to pursue additional compensation and ensure you’re not left paying for injuries that were caused by someone else’s negligence.
Conclusion
Being involved in a rideshare accident can leave you feeling confused and overwhelmed. However, understanding your legal options and taking the right steps after the accident can help you navigate the process more effectively. In Oklahoma, you have the right to seek compensation for your injuries, medical expenses, lost wages, and other damages. Whether you’re dealing with a negligent rideshare driver, a third-party motorist, or even the rideshare company itself, legal remedies are available to ensure you’re fairly compensated. Working with an experienced personal injury lawyer can help you understand your rights and guide you through the legal process.
