What If I Was Hit By A Drunk Driver Who Was Driving For A Rideshare In North Carolina?
Motor vehicle accidents are an unfortunate reality for many road users, and while any accident can be distressing, those involving drunk drivers are particularly complex. This complexity is heightened when the drunk driver is behind the wheel of a rideshare vehicle, such as an Uber or Lyft. If you are involved in an accident with a drunk rideshare driver in North Carolina, a range of legal, financial, and emotional factors must be considered.
Rideshare Insurance Coverage
The insurance coverage available when a rideshare driver is involved in an accident depends on the driver’s status at the time of the incident.
- When The Driver Is Off Duty. If the driver is not logged into the rideshare app, they are treated as any other driver on the road. In this case, they are only covered by their personal insurance policy, which may not provide sufficient coverage for damages, especially if the driver is intoxicated.
- When The Driver Is Online But Not Picking Up A Passenger. If the driver is logged into the app but has not yet accepted a ride, they are typically covered by the rideshare company’s liability insurance. However, this coverage is limited and might not fully cover medical bills or other expenses if the driver is at fault.
- When The Driver Is Actively Picking Up Or Transporting A Passenger. In this situation, rideshare companies like Uber and Lyft provide full commercial liability coverage, including for bodily injury and property damage. However, if the driver is intoxicated at the time of the accident, the situation becomes more complex.
The Role Of Alcohol And Intoxication Laws In North Carolina
North Carolina enforces strict laws against driving under the influence (DUI) or driving while impaired (DWI). A driver with a blood alcohol concentration (BAC) of 0.08% or higher is considered legally intoxicated. If the rideshare driver involved in the accident was drunk, they could face DWI charges, which carry criminal consequences, in addition to civil liability for the damages they caused.
What Should You Do After Being Hit By A Drunk Rideshare Driver?
If you’re involved in an accident with a drunk rideshare driver, your immediate actions can impact your ability to recover damages. First, ensure everyone’s safety and call 911 for medical assistance if there are any injuries. Even if you don’t feel seriously hurt, seek medical care, as injuries like whiplash or internal damage may not be immediately obvious. Prompt medical attention protects your health and provides documentation for any future legal action.
After ensuring safety and contacting emergency services, your next priority is to gather information and evidence. Collect the driver’s details, including their name, contact information, license number, and license plate. Get the rideshare company’s information, such as the Uber or Lyft app details. If the police arrive, note the report number for official records. If there are witnesses, obtain their statements and contact info. Finally, take photos of the scene, vehicle damage, and injuries. This evidence will be crucial for any legal claim or insurance settlement.
Filing a police report is essential after an accident, particularly one involving a drunk driver. In North Carolina, the report will document the crash details and serve as an official record for any future claims. The police may also administer a sobriety test or breathalyzer to confirm the driver’s intoxication. A police report solidifies the facts and supports your case. Additionally, seeking medical attention is crucial, even if you feel fine. Injuries like concussions or soft tissue damage may not be immediately apparent but can lead to long-term issues, and a medical record will strengthen your claim for damages.
How Does Liability Work In A Rideshare Accident Involving A Drunk Driver?
Liability in a rideshare accident involving a drunk driver can be complex, with several parties potentially responsible for your damages.
The primary party usually at fault is the drunk driver. If they are convicted of driving while impaired (DWI), they can be held both criminally and financially liable for the accident. However, pursuing a claim against them can be challenging if they lack sufficient insurance or assets to cover your damages.
In some cases, the rideshare company (Uber or Lyft) may be held liable, depending on the driver’s status at the time of the accident. If the driver was on duty, actively transporting a passenger or en route to pick one up, Uber or Lyft’s insurance policy may cover your damages. However, if the driver was intoxicated, the company might argue that the driver was acting outside of their policies or guidelines to avoid liability. If the driver was off duty or only logged into the app without accepting a ride, you may need to pursue a claim through the driver’s personal insurance.
Finally, your own insurance could play a role if you have comprehensive or uninsured motorist coverage. This type of coverage can help pay for medical costs and vehicle repairs, especially if the drunk driver has inadequate insurance.
Seeking Compensation For Damages
If you’ve been injured in an accident involving a drunk rideshare driver, you may be entitled to compensation for various types of damages. This can include medical expenses, covering both immediate and future costs such as hospital bills, surgeries, therapy, and medications. Additionally, if your injuries prevent you from working, you may claim compensation for lost wages. You may also be entitled to compensation for pain and suffering, addressing the physical pain and emotional distress caused by the accident. Finally, if your vehicle was damaged in the crash, you could seek compensation for property damage, which includes repairs or replacement costs.
To pursue compensation, you will likely need to file a claim with the rideshare company’s insurance or with the driver’s personal insurance provider. In cases of drunk driving, you may also be able to file a personal injury lawsuit against the driver to recover additional damages.
What To Expect In The Legal Process
The legal process for securing compensation can be lengthy and complex, particularly if the drunk driver or the rideshare company attempts to deny responsibility. A personal injury lawyer who is experienced in rideshare accidents can assist you by guiding you through the process, gathering evidence, and negotiating with insurance companies.
If a settlement cannot be reached, you may have the right to file a lawsuit against both the driver and the rideshare company. In cases involving severe injury or death, these lawsuits are crucial in ensuring you receive fair compensation for your damages.
Involved In A Rideshare Accident?
If you or a loved one has been severely injured, don’t delay – call (800) 529-0804 right now for a free consultation with an expert car accident lawyer. When dealing with a stressful situation, you need a knowledgeable personal injury team to guide you through the recovery process. Contact Tatum & Atkinson, PLLC right away! There is no obligation, and it will not cost you anything to learn about your legal possibilities for pursuing compensation.
CALL THE HEAVY HITTERS AT 1-800-LAW-0804 TODAY!
