If you are a victim of a ride-share car accident, what are your legal rights and options? Who pays for the damages? Should you claim against the driver, the ride-share company, or both? Things may seem confusing.
If you're wondering about the legal ramifications of a ride-share accident in Colorado, you've come to the right place. This article explains everything you need to know about determining fault under state law and pursuing compensation from the driver or other liable parties. Keep reading to learn more.
Who Is at Fault After a Ride-Share Crash in Colorado?
Even though ride-share companies have liability insurance, some factors influence the decision of recovery compensation. Colorado is an at-fault state like most states in the nation for accident cases. That means, after an accident, the insurance company of the driver at fault is responsible for paying the damages. The insurance companies pay nothing if the driver is not at fault. So, you'll receive compensation depending on who is at fault.
Under tort law, the victim must show proof of damages, either injuries or losses. They also must prove that the defendant's negligence caused the damages. For ride-sharing accidents, you must show that the driver has breached the duty of care (violating traffic laws, drowsy and sleep deprived driving, driving while under the influence, making poor decisions that lead to a crash, inattentiveness and lack of reasonable observance).
When Accident Victim Is at Fault
In Colorado, multiple parties can be responsible for a car accident. According to the Modified Comparative Negligence, if the plaintiff is somehow responsible for causing the accident, they may still get some compensation. However, their compensation will be deducted based on their degree of fault. When the victim is considered 50% at fault, they cannot claim compensation.
When Ride-Share Driver at Fault
A car accident's fault typically doesn't solely fall upon the driver alone. In most cases, ride-sharing companies (like Uber or Lyft) and other employers can also be accountable in a crash. For instance:
- Hiring drivers with a record of traffic violations
- Employing unfit drivers with major medical conditions
- Recruiting drivers with criminal records
- Hiring drivers who don't have adequate driving experience
- Deliberately allowing faulty app operation
When you are a car crash victim due to these types of violations and unreasonable behavior of operators when you serve as a passenger, you can claim that the ride-share driver, possibly the company or other similar employer is responsible for your injuries.
Get Compensation for Ride-Share Accidents
Suppose you were involved in a ride-share accident. In that case, contacting a personal injury lawyer is crucial to explore your legal options and determine the most effective steps to pursue injury compensation.
Whalen Injury Lawyers is a Colorado-based law firm that helps clients claim against insurance companies and corporations when a personal injury is involved after an accident. We're an award-winning firm with a dedicated team of Personal Injury lawyers with decades of experience ‘up their sleeves and the ability to make insurance companies pay damages to injured victims. If you're involved in a ride-share car accident and believe you have a valid compensation claim, contact us to learn more about your options and potential case.
