As ridesharing services like Uber and Lyft continue to grow in popularity, so too do the number of accidents involving these vehicles. If you’ve been injured in a rideshare accident in Mississippi, you’re likely facing a myriad of questions and concerns. Who is responsible for your injuries? How do you go about seeking compensation? These questions can be complex, and the answers are crucial to ensuring you receive the justice and compensation you deserve. As an experienced personal injury attorney, I’m here to help you understand your legal options and navigate the intricacies of rideshare accident claims.

Rideshare accidents present unique challenges compared to traditional car accidents. The involvement of a commercial entity, such as Uber or Lyft, adds layers of complexity to determining liability and insurance coverage. Moreover, these cases often involve multiple parties, including the rideshare driver, the rideshare company, other drivers, and passengers. Understanding the nuances of these cases is essential to building a strong claim. In this article, I will break down the key aspects of rideshare accident claims, including relevant Mississippi statutes, legal definitions, and the steps involved in pursuing compensation.

Mississippi Statutes Relevant to Rideshare Accidents

When it comes to rideshare accidents, understanding the relevant statutes is critical. In Mississippi, the general rules of negligence apply to car accidents, including those involving rideshare vehicles. However, there are specific statutes and regulations that govern rideshare services and their operations.

Negligence and Liability

Mississippi operates under a comparative negligence system, meaning that fault can be distributed among multiple parties. According to Mississippi Code § 11-7-15, a plaintiff can still recover damages even if they are partially at fault, as long as their fault does not exceed that of the defendant. This is particularly important in rideshare accidents where multiple parties may share responsibility.

Rideshare Regulations

Rideshare companies are subject to specific regulations under Mississippi law. The Mississippi Transportation Network Companies Act outlines the requirements for rideshare services, including insurance coverage mandates. Under this act, rideshare drivers must carry specific levels of insurance coverage while operating on behalf of a rideshare company. This includes:

– Primary Automobile Liability Insurance: Coverage of at least $1 million for bodily injury and property damage while the driver is engaged in a prearranged ride.

– Contingent Liability Coverage: When the driver is logged into the rideshare app but not engaged in a prearranged ride, there must be contingent liability coverage in place, typically providing lower coverage limits.

Understanding these insurance requirements is vital for determining the appropriate party to pursue in a claim.

Legal Definitions Pertinent to Rideshare Accidents

To effectively navigate a rideshare accident claim, it’s essential to understand several key legal definitions:

Rideshare Driver

A rideshare driver is defined as an individual who uses their personal vehicle to provide transportation services through a rideshare platform like Uber or Lyft. These drivers are considered independent contractors rather than employees of the rideshare company.

Prearranged Ride

A prearranged ride refers to the period when a rideshare driver is actively transporting a passenger who has requested a ride through the rideshare app. This period begins when the driver accepts a ride request and ends when the passenger exits the vehicle.

Transportation Network Company (TNC)

A Transportation Network Company (TNC) is a company that connects passengers with drivers who provide transportation services using their personal vehicles. Uber and Lyft are examples of TNCs. These companies are responsible for ensuring that their drivers comply with state regulations, including insurance requirements.

Contingent Liability Coverage

Contingent liability coverage is a type of insurance coverage that applies when a rideshare driver is logged into the rideshare app but not actively engaged in a prearranged ride. This coverage is secondary to the driver’s personal auto insurance and provides protection when the driver’s personal policy does not apply.

Steps to Take After a Rideshare Accident

If you’ve been involved in a rideshare accident, it’s crucial to take specific steps to protect your rights and build a strong case. Here’s what you should do:

Seek Medical Attention

Your health and safety are the top priority. Seek medical attention immediately, even if you don’t feel seriously injured. Some injuries may not be apparent right away, and a medical professional can assess your condition and provide necessary treatment. Additionally, medical records will serve as important evidence in your claim.

Report the Accident

Report the accident to the police and obtain a copy of the police report. This document will contain crucial details about the accident, including the involved parties, witness statements, and any citations issued. Make sure to also report the accident to the rideshare company. Both Uber and Lyft have specific procedures for reporting accidents, and timely notification is essential.

Gather Evidence

Collect as much evidence as possible from the accident scene. This includes taking photos of the vehicles, the surrounding area, and any visible injuries. Gather contact information from witnesses and the involved parties, including the rideshare driver and any passengers. Keep a record of any communication with the rideshare company and insurance adjusters.

Contact an Experienced Attorney

Rideshare accident claims can be complex, involving multiple parties and insurance policies. An experienced personal injury attorney can help you navigate the legal process, gather necessary evidence, and advocate on your behalf to ensure you receive fair compensation. At Kellum Law Firm, P.C., we have decades of experience handling car accident claims, including those involving rideshare services.

Navigating the Legal Process

The legal process for rideshare accident claims involves several steps. Understanding these steps can help you feel more confident and prepared as you pursue your claim.

Investigation and Evidence Collection

Your attorney will conduct a thorough investigation of the accident, gathering evidence to support your claim. This may include reviewing the police report, obtaining medical records, interviewing witnesses, and consulting with experts. Your attorney will also examine the rideshare driver’s history and the rideshare company’s policies.

Determining Liability

Determining liability in a rideshare accident can be complex. Your attorney will assess the evidence to identify the at-fault parties, which may include the rideshare driver, other drivers, or even the rideshare company. In some cases, liability may be shared among multiple parties.

Negotiating with Insurance Companies

Rideshare accident claims often involve multiple insurance policies, including the rideshare driver’s personal insurance, the rideshare company’s insurance, and the insurance of other involved drivers. Your attorney will handle negotiations with the insurance companies to ensure you receive fair compensation for your injuries and damages.

Filing a Lawsuit

If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a lawsuit. This involves preparing and submitting legal documents, conducting discovery, and representing you in court. Throughout this process, your attorney will advocate for your best interests and work to secure the compensation you deserve.

Frequently Asked Questions About Rideshare Accidents

What should I do immediately after a rideshare accident?

Seek medical attention, report the accident to the police and the rideshare company, and gather evidence from the accident scene. Contact an experienced personal injury attorney to guide you through the legal process.

Who is responsible for my injuries in a rideshare accident?

Liability in a rideshare accident can involve multiple parties, including the rideshare driver, other drivers, and the rideshare company. An attorney can help determine the at-fault parties and pursue compensation on your behalf.

What insurance coverage applies in a rideshare accident?

Rideshare drivers are required to carry specific levels of insurance coverage, including primary automobile liability insurance and contingent liability coverage. The applicable coverage depends on whether the driver was engaged in a prearranged ride or logged into the rideshare app at the time of the accident.

Can I still recover damages if I am partially at fault for the accident?

Yes, under Mississippi’s comparative negligence law, you can recover damages even if you are partially at fault, as long as your fault does not exceed that of the defendant. Your compensation will be reduced by your percentage of fault.

How long do I have to file a rideshare accident claim in Mississippi?

The statute of limitations for filing a personal injury claim in Mississippi is generally three years from the date of the accident. It’s important to act promptly to ensure your claim is filed within the legal timeframe.

What types of compensation can I recover in a rideshare accident claim?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses related to the accident. An attorney can help you assess the full extent of your damages and pursue fair compensation.

How can an attorney help with my rideshare accident claim?

An experienced attorney can guide you through the legal process, gather evidence, negotiate with insurance companies, and advocate for your best interests. Having legal representation can significantly increase your chances of receiving fair compensation.

Do I have to pay upfront for legal services?

At Kellum Law Firm, P.C., we operate on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures that you can pursue justice and compensation without worrying about upfront costs.

Why You Need an Attorney for Your Rideshare Accident Claim

Rideshare accident claims are complex and require a thorough understanding of the law, insurance policies, and the unique challenges these cases present. As an experienced personal injury attorney, I can provide the guidance and support you need to navigate this process. Here’s why you should choose Kellum Law Firm, P.C.:

• Decades of Experience: With years of experience handling personal injury claims, including rideshare accidents, we have the knowledge and skills to effectively represent you.
• Proven Track Record: Our firm has a history of success in securing fair compensation for our clients. We are committed to achieving the best possible outcome for your case.
• Personalized Attention: We understand that every case is unique, and we provide personalized attention to address your specific needs and concerns.
• No Upfront Costs: We work on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case.
• 24/7 Availability: We offer free consultations 24/7, so you can reach us whenever you need assistance.

If you’ve been injured in a rideshare accident, don’t wait to seek legal help. Contact Kellum Law Firm, P.C., today for a free consultation. We serve clients throughout Central and South Mississippi, and we’re here to fight for the compensation you deserve.

Call Kellum Law Firm, P.C. For a Free Consultation

At Kellum Law Firm, P.C., we understand the complexities of rideshare accident claims and are dedicated to helping you navigate this challenging time. If you’ve been injured in a rideshare accident, you need an experienced Jackson, Mississippi personal injury attorney with a track record of success. We offer a free consultation 24/7 at (601) 969-2709 (Jackson, MS Office) or (601) 590-9000 (Port Gibson, MS Office). Let us help you secure the justice and compensation you deserve. Contact us today and take the first step toward recovery.

If you or a loved one has been injured in any accident in Jackson, Mississippi, you don’t have to face the legal process alone.

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