The streets of Philadelphia can be a maze of traffic, from the bustling Center City roads to the busy highways like I-76 and I-95. When you rely on rideshare services like Uber and Lyft to navigate our city, you trust that you will arrive at your destination safely. But what happens when that trust is broken?
A crash involving a rideshare vehicle can be a shocking and confusing experience, leaving you with serious injuries and a lot of questions.
We understand the worry that follows. What happens now? What are your rights as a passenger, driver, or even a pedestrian in a rideshare crash in Philadelphia? We are here to help you understand your options and the path forward under Pennsylvania law.
What is Pennsylvania’s Tort Law?
A key element of Pennsylvania’s car crash laws is the concept of “tort.” In our state, drivers have the choice between two types of coverage on their personal auto insurance: limited tort and full tort. Limited tort is generally less expensive but restricts your right to sue for “pain and suffering” damages unless your injuries meet a specific legal definition of ‘serious.’
Here is some good news for rideshare passengers: Pennsylvania law automatically considers a passenger in an Uber or Lyft to have full tort status, regardless of their personal auto insurance policy. This means that if you are a passenger and you get hurt, you are not subject to the same limitations as some drivers.
We can pursue a claim for the full range of damages, including pain and suffering, medical bills, and lost wages. This is a very valuable right and a main difference between a standard car crash claim and a rideshare claim.
Who is Legally Responsible for an Uber or Lyft Accident?
In Pennsylvania, we operate under a system of modified comparative negligence. This means that we can seek compensation for your injuries as long as you are less than 51% responsible for causing the accident. Your percentage of fault may reduce your final award. For example, if a court determines the other driver was 90% at fault and you were 10% at fault, your compensation would be reduced by 10%. We work to prove that the other driver’s carelessness caused your crash and injuries.
Proving negligence in a rideshare crash can be complicated. The driver you were riding with, the driver of another vehicle, or even the rideshare company itself could be at fault.
What is the Time Limit for Filing a crash Claim in PA?
In Pennsylvania, the law imposes a two-year time limit, known as the statute of limitations, for most personal injury claims. This means you generally have two years from the date of the crash to file a lawsuit in court. While this may seem like a lot of time, the investigation and negotiation process for a serious injury can take months.
We recommend seeking legal help as soon as possible, as a delay can make gathering evidence, locating witnesses, and building a strong case harder.
Will Your Personal Injury Case Go to Trial?
We would likely file a lawsuit in the Philadelphia County Court of Common Pleas for any serious car crash case that does not settle out of court. This court handles civil cases involving amounts over a specific threshold.
While most cases settle before ever reaching a trial, it is always essential to have a firm that prepares every case as if it will go to court. We understand the local court system and the unique factors that can affect your case here.
What Should You Do in the Immediate Aftermath of a Rideshare Crash?
Following a rideshare accident, your main priority should be your health and safety.
Consider the following recommendations:
- Seek Medical Attention: Do not delay. Even if you feel fine, some injuries may not be immediately apparent. A doctor can check for internal injuries or other hidden problems. This also creates a medical record, which is vital for any future legal claim
- Document the Scene: If you can do so safely, take photos of the vehicles involved, the scene of the crash, and any visible injuries. The more information you can get, the better
- Report the Accident: Report the crash through the rideshare app as soon as possible. This is a crucial step to trigger the company’s insurance policy
- Do Not Make Statements: Be careful what you say to other drivers or insurance adjusters. Stick to the facts and do not apologize or admit any fault
- Contact a Lawyer: It is essential to know your options. We offer free consultations to help you understand your rights and the legal process without any obligation
Schedule a Free Consultation with Our Car Crash Attorneys Today
Our team has helped many individuals and families in and around Philadelphia navigate the complexities of personal injury claims, including those involving rideshare services. We know this is a stressful time, and we are committed to providing you with clear guidance and personalized support. We are here to answer your questions, handle the insurance companies, and fight for the compensation you are entitled to.
If you or a loved one has been injured in a rideshare crash in Philadelphia, we are here for you. We offer free, no-obligation consultations to discuss the details of your case and help you understand the next steps.
To learn more about how we can help, call Messa Law to speak with our team today.
