Experienced Portland Maine Rideshare Accident Lawyers
Portland Maine Rideshare Accident Attorneys
Find out why we are some of the best Portland Maine rideshare accident lawyers
Definition of a Rideshare Accident
A rideshare accident is a type of car accident that occurs while using a transportation network company’s (TNC) services like Uber or Lyft.
A TNC driver may be at fault in causing the accident or the other driver may be at fault. In either case, the passenger or occupants of the other vehicle may be injured and could potentially have a legal claim against the TNC, driver, or insurance companies involved.
These cases can be complicated and often require the assistance of an experienced rideshare accident lawyer to ensure that the victim’s rights are protected and that they receive the compensation they are entitled to.
Sixty-one percent of Americans have heard of, but not used, a rideshare service like Uber or Lyft.
Types of Rideshare Accidents
There are various types of accidents that can occur with a rideshare vehicle. The most common are:
- Rear-End Collisions: Rear-end collisions occur when a vehicle strikes the back of a stopped or slowing TNC vehicle, often resulting in whiplash or other neck and back injuries.
- Intersection Accidents: Intersection accidents are common when a TNC driver runs a red light or stop sign, causing a T-bone or head-on collision.
- Distracted Driving: Distracted driving can include activities like texting, eating, or changing the radio station, which can lead to a loss of control of the vehicle and result in an accident. There may be situations where the TNC driver is on the clock but not actively transporting a passenger, resulting in different types of accidents.
Legal Obligations for Rideshare Drivers
Rideshare drivers have certain legal obligations that they must adhere to while operating their vehicles.
They are required to have a valid driver’s license, insurance, and registration for their vehicle.
They must comply with traffic laws and regulations, such as speed limits and traffic signals. Rideshare drivers must also maintain the safety of their vehicle, ensuring it is in good working condition and free of any defects that could cause an accident.
They must also follow the terms of service and safety guidelines set by the transportation network company they are driving for, such as providing a safe and clean vehicle for passengers.
In the event of an accident, rideshare drivers are required to report the incident to their TNC and insurance company, and provide any necessary information for an investigation.
Failure to follow these legal obligations could result in legal consequences and liability for any accidents or injuries caused.
Understanding Portland, Maine Personal Injury Claims
Who Is Eligible to File a Claim?
There are different parties who may be eligible to file a claim in a rideshare accident.
- Passengers: If a passenger is injured in a rideshare accident, they may be eligible to file a claim for their injuries and other damages.
- Other Drivers: If the accident involved a rideshare vehicle and another driver, the other driver may be eligible to file a claim against the TNC driver or the TNC insurance policy.
- Pedestrians or Bicyclists: If a pedestrian or bicyclist is involved in a rideshare accident, they may be eligible to file a claim for their injuries and damages.
- Rideshare Driver: If the accident was caused by another driver, the rideshare driver, or passengers; the rideshare driver may be eligible to file a claim against the other driver or the insurance policy that covers the other driver. The eligibility to file a claim will depend on various factors, including the type of accident, who was at fault, and the extent of the injuries or damages suffered.
Statute of Limitations for Filing a Claim in Portland, Maine
In Portland, Maine, the statute of limitations for filing a personal injury claim, including a rideshare accident, is generally six years from the date of the accident.
This time limit can vary depending on the circumstances of the case and the type of claim being made. If a claim is being made against a government entity, the time limit for filing a claim may be much shorter, sometimes as little as 180 days.
It’s important to be aware of the applicable statute of limitations in your case, as failure to file a claim within the deadline can result in your case being dismissed and you losing the right to seek compensation for your injuries and damages.
If you are uncertain about the applicable statute of limitations in your case, it’s best to consult with an experienced rideshare accident lawyer who can advise you on the relevant time limits and assist you in filing your claim on time.
Common Defenses Used by Insurance Companies for Denying a Claim
There are several common defenses that insurance companies may use to deny a rideshare accident claim.
- Comparative Negligence: If the rideshare victim is partially at-fault for the accident, the insurance company may argue that they are proportionally responsible for their own injuries and damages.
- Excluded Activity: The insurance company may argue the driver was not working for the rideshare company at the time of the accident or that the driver was engaged in excluded activities.
- Insufficient Evidence: Insurance companies may argue that there is insufficient evidence to support the claims presented or that the claims are exaggerated or fraudulent.
- Lack of Medical Treatment: If a victim delays seeking medical treatment or fails to follow their physician’s instructions, insurance companies may claim that the victim contributed to their own injuries or that the injuries were not severe enough to warrant compensation.
- Pre-existing Injuries: The insurance company may argue that the injuries were pre-existing and not a result of the accident. They may request medical records for past treatments related to the same injury.
Roles of an Experienced Portland Maine Rideshare Accident Lawyer
Benefits of Working With a Professional Lawyer
Working with our professional lawyers who specialize in rideshare accident claims can have several benefits.
We can offer legal expertise and experience in handling similar cases, providing you with a comprehensive legal strategy that increases your chances of receiving fair financial compensation for injuries and damages suffered.
Our lawyers will also act as a skilled negotiators when dealing with the insurance company, working to achieve a fair settlement.
We have experienced personal injury lawyers who will conduct thorough investigations to collect evidence and interview witnesses to build a strong case on your behalf.
Understanding and Applying the Law to Your Unique Situation
Each rideshare accident is unique, and the law can be complex and nuanced.
That’s where our experienced rideshare accident lawyers can help you understand and apply the law to your unique situation.
We will evaluate your case, assess the relevant laws and regulations, and advise you on the available legal options.
Negotiating with the Insurance Company and Seeking Maximum Compensation
Our legal team is familiar with the tactics used by insurance companies to deny or minimize claims and can anticipate and prepare for them.
We know how to present your case and evidence in the most compelling way and can articulate and document your injuries and damages to the insurance adjuster or defense attorneys.
Our knowledgeable lawyers will highlight the emotional and economic impact of the accident on your life and present persuasive arguments to maximize your settlement or damages.
If you have suffered injuries or damages in a rideshare accident, contact Goldberg & Loren today to schedule a free free consultation. Our experienced Portland, Maine rideshare accident lawyers are here to help ensure that you are fully compensated for your losses. Pay nothing unless you win your case. With over 30 years of experience, they fight for the right of the injured.
Source:
[1] Nealon, L. (n.d.). Rideshare Safety and Statistics | Bankrate. Rideshare Safety and Statistics | Bankrate. https://www.bankrate.com/insurance/car/rideshare-safety-statistics/
Goldberg & Loren Personal Injury Attorneys
180 Pool St Suite 105,
Biddeford, ME 04005
(207) 977-2838
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