If you were hit by an Uber or Lyft as a pedestrian or cyclist and you weren’t at fault, you have the right to pursue compensation through the driver’s insurance, the rideshare company’s coverage, or both, depending on what the driver was doing at the time of the crash.
If you’ve been the victim of a cyclist or pedestrian accident and a rideshare driver was also involved, contact Sweet James to speak with a rideshare accident lawyer about what happened.
Can You File a Claim If an Uber or Lyft Hit You While Walking or Biking?
Yes, you can often file a claim if an Uber or Lyft hit you while you were walking or riding a bicycle. A rideshare driver has the same duty as any other driver to watch for pedestrians and cyclists, follow traffic laws, and drive with reasonable care. If that duty was violated and you were injured, you may have a claim for damages.
A pedestrian or cyclist hit by an Uber or Lyft may be able to seek payment for several losses.
- You may be able to recover medical bills related to emergency care, follow-up treatment, and rehabilitation.
- You may be able to seek lost income if your injuries kept you from working.
- You may be able to claim damages for pain, physical limitations, and other personal losses tied to the crash.
Which Insurance Policy Applies in a Rideshare Pedestrian or Cyclist Accident?
The insurance that applies depends on the driver’s status in the rideshare app at the time of the collision. If the driver was not logged into Uber or Lyft, the driver’s personal auto insurance may be the main source of coverage. If the driver was logged in or carrying a passenger, Uber or Lyft’s policy may also cover damages.
Rideshare companies use tiered insurance structures. Coverage changes based on whether the driver was waiting for a ride request, on the way to pick someone up, or transporting a passenger. Sweet James can get the evidence you need to prove what the app’s status was and if you’re covered by the rideshare company.
Insurance companies may also dispute app status, fault, or the extent of your injuries. They may also argue over whether one policy should pay before another. Records from the rideshare company, the driver, and the police report may help clarify what coverage is available.
What Should You Do Right After an Uber or Lyft Hits You?
You should seek medical attention as soon as possible after an Uber or Lyft hits you, even if you think your injuries are minor. Early treatment creates a record tying your condition to the crash. If you are able, call 911 and ask for a police report.
Try to gather evidence at the scene if it is safe to do so. Photos of the vehicle, your bike if one was involved, the roadway, traffic signals, visible injuries, and contact information for witnesses can all help later.
Afterward, keep records of your treatment, missed work, and out-of-pocket costs. Avoid giving recorded statements to insurance companies before you know the scope of your injuries and the facts of the claim. Then, contact a lawyer at Sweet James for specific advice.
Who Is at Fault When a Rideshare Driver Hits a Pedestrian or Cyclist?
Fault depends on the facts of the collision. A rideshare driver may be at fault for speeding, failing to yield, distracted driving, unsafe turns, or ignoring crosswalks and bike lanes. In some cases, another driver or a road hazard may also share blame.
Pedestrians and cyclists are not automatically free from fault in every case. An insurer may claim that you crossed outside a marked crosswalk, rode against traffic, or were not visible. Even if that argument is raised, it does not always defeat a claim, because fault may be divided under the law that applies to the case.
Evidence makes the difference when fault is disputed. Video footage, witness statements, vehicle damage, app data, and accident reconstruction may all help show how the crash happened. The lawyers at Sweet James can find evidence and construct a case on your behalf.
What Compensation Can You Recover After Being Hit by an Uber or Lyft?
You may be able to recover compensation for both financial losses and personal harm caused by the crash. Financial losses often include emergency care, hospital bills, follow-up appointments, prescriptions, physical therapy, and lost wages. Personal harm may include pain, emotional distress, and reduced quality of life.
The amount of a claim depends on many case-specific facts. Those facts may include the seriousness of your injuries, whether you suffered a long-term disability, how much work you missed, and whether future treatment will be needed.
Talk to Sweet James About Being Hit by an Uber or Lyft as a Pedestrian or Cyclist
If you were hit by an Uber or Lyft as a pedestrian or cyclist, you may have legal options even if the insurance situation seems unclear at first. These cases often depend on the driver’s app status, the available coverage, and the evidence showing how the crash happened.
A careful review of the facts can help you see what claims may be available and what compensation you may be able to pursue. Sweet James can review the details of your rideshare accident and explain the next steps.
If you want to learn more about your rights after an Uber or Lyft pedestrian or cyclist accident, contact Sweet James today.
