Colorado Uber & Lyft Rideshare Accident Lawyers

There is no doubt ridesharing has brought commuters great convenience. With a few clicks, Colorado’s travelers can arrange an almost immediate pickup from wherever they happen to be and an easy drop off at wherever they need to go. Further, Uber and Lyft rides have helped keep those under the influence from getting behind the wheel.

Despite these positives, rideshare vehicles have added to the number of vehicles on the roads, and the natural consequence of more vehicles is the increased chance of accidents. Since Uber and Lyft spend a lot of time close to curbsides for pickups and drop-offs, pedestrians in those areas are also at higher risk for being hit. If you are hurt in a rideshare vehicle accident, reach out to the car accident attorneys at Heuser & Heuser, LLP. Our team of Uber and Lyft rideshare accident lawyers will manage your case with great care, compassion, and skill to get you the compensation you deserve.

Why Negligence Matters in an Uber or Lyft Accident

Identifying the negligent party in any accident is critical to the success of a personal injury claim, which is what accident victims file to recover damages for their losses. In Colorado, victims have the right to hold negligent parties accountable for paying those losses, usually through their (the negligent parties) insurance coverage.

However, the claim itself does not guarantee a settlement. Victims only collect if they prove the at-fault party’s negligence caused the accident. To do that, they must be certain to file against the right party–if they do not, they will not be able to find and present the evidence required.

And while a victim may think they know who caused the accident, they could very well be wrong. Sometimes, the party that appears negligent actually is not. Making the correct identification is crucial and requires a thorough investigation of the accident. The Colorado rideshare accident attorneys from Heuser & Heuser, LLP have the experience and background needed to carry out that investigation.

Proving Negligence in Uber and Lyft Accidents

As with any personal injury case, rideshare accident victims must prove all elements of negligence to hold the at-fault party accountable. These elements include:

• Duty of Care: The liable party owed victims a duty of care, a legal obligation, to preserve their safety. For example, drivers owe others on the road a duty to practice safe driving behaviors and avoid unsafe ones. 
• Duty Breach: When a party fails to uphold their duty of care, they have breached this duty. Victims must show how the at-fault party committed this breach. Drivers who speed, text, and drive, or drive while intoxicated have all breached their duty.
• Causation: For the at-fault party to be found liable, the breach of duty must have caused the accident. Drunk drivers can be found civilly liable for an accident if victims prove the driver’s intoxication, not something else–such as a broken traffic signal–caused the accident.
• Damages: The accident caused you measurable damages, whether physically, financially, emotionally, or “all of the above.”

How Identifying Negligence in a Rideshare Accident Can Be Tricky

Determining and then proving fault in any motor vehicle accident can be complicated, but there are additional complexities for an Uber, Lyft, or other rideshare accident. For one thing, there are a variety of potentially liable parties. For another, there are different insurance considerations. 

Possible Negligent Parties in a Rideshare Accident

You can trust rideshare accident lawyers in Colorado to dig deep into the details of your accident and ultimately discover the at-fault party or parties. For a rideshare accident, possible negligent parties include (among other possibilities):

• The Rideshare Driver: Like any other vehicle operators, rideshare drivers can make mistakes, break traffic laws, break safe-driving laws, or otherwise compromise others’ safety.
• Another Driver: Drivers of other vehicles may make similar errors or break laws that put the rideshare driver and passengers in danger.
• An Unruly Passenger: Though not especially common, a rideshare passenger (or passenger in another vehicle) can become aggressive or violent, causing the driver to lose control of the vehicle.
• The Rideshare Company: Companies have to take unsafe drivers off the road and do background checks before taking drivers on as independent contractors.
• Government Entities: Street lighting, traffic signals, and roadway conditions must all be maintained by designated government offices. When poor maintenance leads to an accident, the assigned government office may be liable.
• Vehicle or Part Manufacturers: Drivers, passengers, and pedestrians rely on vehicle and part manufacturers to produce safe, operational vehicles and vehicle parts and systems. Defective parts–and, more specifically, their manufacturers–are culpable in some accident scenarios.
• Vehicle inspectors or mechanics: When cars are brought in for inspection or maintenance, those performing those tasks are responsible for making repairs and only returning safe vehicles on the roads.

It is probably no surprise that no party wants to be identified as the one responsible for an accident and paying the victim’s compensation. Rideshare companies have gone to great lengths to protect their companies from liability by hiring drivers as independent contractors rather than “employees.” But no matter the case, there will be finger-pointing among potential parties trying to protect themselves from liability. 

As a victim, you need a highly skilled team of rideshare accident lawyers handling your case and preventing those at fault from avoiding accountability. 

How Rideshare Insurance Structures Factor into Your Case

Rideshare companies like Uber and Lyft operate under similar insurance structures, and these structures matter to your case. If the rideshare is at fault for your accident, the timing of your accident affects which insurance is responsible for paying your compensation.

All rideshare drivers must have personal car insurance policies. When not active on the app, drivers are covered by their personal policies. 

For accidents occurring when the app is activated, and drivers are awaiting a ride request, the rideshare company offers third-party liability coverage if the driver’s personal policy does not apply in these amounts:

• $50,000 for bodily injury per person
• $100,000 for bodily injury per accident
• $25,000 for property damage per accident

For accidents occurring when the app is activated, and drivers are en route to pick up a fare or when they have passengers in the vehicle and are en route to a destination, the rideshare company provides coverage in these amounts:

• $1 million for third-party liability
• Uninsured motorist insurance for bodily injury
• “Contingent” collision coverage: When drivers carry collision coverage through their personal policies, rideshare companies typically provide coverage for the cash value of the car minus a $2,500 deductible

Our firm has Lyft accident attorneys and Uber accident attorneys well-versed in these and other rideshare companies’ insurance practices. You can count on our team to navigate these practices and hold companies responsible for making you whole. 

When Government Entities Hold Fault

Should a government entity be responsible for your rideshare accident, the procedure for filing your claim involves steps specific to filing against the government. And those steps must be taken swiftly. You must submit a written notice to the attorney general within 180 days of your injury and then wait at least 90 days before filing your actual claim.

For a claim to be successful, it must meet requirements established in the Colorado Governmental Immunity Act (CGIA). Collecting a settlement from the government is not easy, especially when you act on your own behalf. Even a minor error in filling out forms or providing information can cost you your settlement. If you do not know how to frame your situation properly, your case may be disqualified.

Whether your case is against the Uber or Lyft driver, another driver, a government office, or someone else, put yourself in the best position to get the compensation you deserve by partnering with Heuser & Heuser, LLP.

How A Colorado Rideshare Accident Lawyer Will Investigate and Build Your Case

Your best plan of action is to partner with Heuser & Heuser, LLP as soon as possible after your accident. With fast access, our team can investigate the accident and build your case while evidence is still available. Victims, unlike our team of Uber accident lawyers, rarely have the time, resources, or experience needed to carry out an investigation. And since accidents often produce serious injuries, victims need to put all their energy into recovery.

While you focus on healing and adjusting to the consequences of your accident, your attorney will peel back the layers of your accident to identify the negligent party and find the evidence to prove their negligence. Your Uber accident lawyer will:

• Consult with accident reconstructionists whose expertise in physics, engineering, accident forensics, and all other relevant areas will help recreate the events leading to your accident
• Speak with accident witnesses. These interviews are most productive when witnesses’ memories are still fresh, which is one reason securing legal representation promptly is in your best interests
• Collect traffic, security, or dashboard camera footage before it is erased or lost
• Gather physical evidence from the accident scene, including photos of the scene documenting any details with potential relevance to your accident
• Get input from medical professionals regarding the causes and extent of your injuries, and your prognosis
• Review the rideshare driver’s driving record and the rideshare vehicle’s inspection history
• Ensure the rideshare company performed proper driver background checks and worked to uphold safety standards

Trust the Lyft accident attorneys–or Uber accident attorneys–from our team to identify and explore any additional sources of evidence to prove negligence and support your injury claim.

Powerful Negotiation and Representation

Even after identifying and building a strong case against the at-fault party, it takes more to collect a fair settlement. You need a powerful, highly skilled negotiator who can take on strategic insurance companies on your behalf. Insurance companies know how to use intimidation and other tactics to strong-arm or even trick victims from accepting far less compensation than they deserve.

If you speak to the at-fault party’s insurance representatives, they may find ways to use your words against you, spinning them as admissions of fault. They may frighten you into believing you will end up with nothing if you do not accept their offer. Or, they must turn on the charm, convincing you of their sympathy while claiming their lowball offer is an act of generosity.

Colorado’s fault laws provide further incentive for insurance companies to put the blame on you.

Comparative Fault in Colorado

Colorado’s comparative laws allow victims to pursue a claim against negligent parties if the victims hold less than 50% of the blame for the accident causing their injuries. If victims do not meet this standard, they cannot file a claim. If they hold less than 50% but still carry some fault, the amount they can collect is reduced by their share of fault.

This means that victims found 20% responsible for an accident receive 80%, or 20% less than the determined value of their settlement. It also means insurance companies pay out less when they successfully blame victims more. Regrettably, they are good at achieving this goal.

If Your Case Goes to Trial

Usually, personal injury cases are settled out of court. After evaluating your case, your attorney will send the at-fault party’s insurance company a settlement demand for an amount compensating you for your losses and covering your accident-incurred needs. The insurance party will probably refuse the demand and come back with a lower counteroffer.

Your Lyft accident attorney will continue with the back-and-forth offers until both sides agree to a fair settlement. If the at-fault party refuses to engage in reasonable negotiations or make a just offer, you may need to take your case to a judge and jury. Your lawyer will present you with all options and possible outcomes, helping you make the best decision.

Should you decide to go to trial, Heuser & Heuser, LLP will provide you with tireless, highest-quality representation at every proceeding. 

 

Determining a Settlement Amount

Calculating a fair settlement amount requires experience, attention to detail, research, and consideration of specific accident-related factors. Victims can easily underestimate the value of their case, overlooking elements or failing to recognize future needs. Trust an experienced Uber and Lyft accident lawyer to assess your case with precision.

To determine a settlement demand, your attorney will tabulate economic losses and costs and put a dollar amount on non-economic losses, including:

• Medical bills, and speak to your doctors about your future care needs and costs
• Property damaged or destroyed in the accident, such as your car, luggage, or electronic devices
• Lost income and future loss of earnings and benefits if you cannot return to work
• Other accident-related costs. You may need to pay to have others take care of responsibilities you can no longer fulfill, such as household duties or childcare
• The extent of your physical pain
• Effects of scarring and disfigurement
• Your emotional and psychological suffering
• Losses to your quality of life

There is no cap on what you can collect for economic damages, but there are caps on the amount allowed for non-economic damages. Those amounts vary depending on who the claim is against. 

Collecting Punitive Damages

While victims are compensated for economic and non-economic losses in personal injury cases, Colorado allows some victims to collect additional money through punitive, also called “exemplary,” damages. Item four in chapter five of Colorado’s civil injury instructions advises juries that punitive damages can be awarded if they determine that the at-fault party “acted in a (fraudulent) (malicious) (willful and wanton) manner, in causing the plaintiff’s (injuries) (damages) (losses).”  

Colorado statute 13-21-102 establishes the amount of exemplary damages cannot exceed the amount of “actual” (economic and non-economic) damages awarded.

When to Contact With a Colorado Rideshare Accident Lawyer

Connect with a Lyft accident attorney or an Uber accident attorney as soon as possible following your accident. Not only does the fast contact give your lawyer fast access to your case and evidence, but also ensures you will file your claim with Colorado’s statute of limitations–the legal deadline.

For Colorado car accident victims, this deadline is three years from the date of the accident. If your injuries are discovered and diagnosed later, you may get an extension, which is the deadline timer starting from the date of diagnosis.

If your loved one was a pedestrian killed in a rideshare accident, you have four years from the date of your loved one’s death to file a wrongful death claim. 

We Make Tough Times Easier for You

Recovering from an Uber or Lyft accident takes time—time to heal physically and emotionally and time away from work and earning income. If the injuries sustained are especially severe, that recovery may never be complete, and you could face a lifetime of medical care costs and permanent income loss, along with the emotional distress that follows these losses. Getting through each day is tough enough. Navigating an injury claim and possible lawsuit is even tougher.

It is important for you to put your time and energy into your recovery. Let the Uber and Lyft rideshare accident lawyers from Heuser & Heuser, LLP handle your case. Our years of experience, extensive resources, and comprehensive knowledge of Colorado’s laws will work to make this tough time a little easier for you. We fight so you can recover your health and your losses and look toward a secure financial future. We are here for you now–reach out today.

 
 
 
 
 
 
 
  
 
 
  
Great representation of party, very supportive and hardworking. Thank you, thank you, thank you ????
  
 
 
 
  
 
 
 Ms.Understood By Many 
 
2023-05-04
 
 
 
  
 
 
  
Buen servicio
  
 
 
 
  
 
 
 Gerardo Mendoza 
 
2023-05-03
 
 
 
  
 
 
  
My name is Sandra , and I was t-boned in a serious car accident.  I suffered injuries that required numerous appointments such as physical therapy, mental health counseling, neurology and massage therapy.  I contacted Hueser and Hueser, and they took care of absolutely everything.  They were genuine and supportive, and answered any and all of my questions.  Anytime I had questions or concerns, all I had to do was pick up the phone.  I can’t imagine working with a more helpful team of professionals!
  
 
 
 
  
 
 
 Sandra Johnson 
 
2023-05-01
 
 
 
  
 
 
  
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 Elsa Molina 
 
2023-05-01
 
 
 
  
 
 
  
Very friendly staff , helpful, and good at answering questions
  
 
 
 
  
 
 
 Rhonda Bennett 
 
2023-04-25
 
 
 
  
 
 
  
Pat Salt and Veronda were very helpful and knowledgeable about my case.
  
 
 
 
  
 
 
 Vera Smith 
 
2023-04-24
 
 
 
  
 
 
  
Great experience with the team, everyone was so helpful and Doug even opted to not take a legal due to him wanting me to benefit the most I could from my injury/experience. Highly recommend H&H for any personal injury case!
  
 
 
 
  
 
 
 Sheena-Ann Ruiz 
 
2023-04-12
 
 
 
  
 
 
  
Satisfied with how they took care of me.
  
 
 
 
  
 
 
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2023-04-10
 
 
 
  
 
 
  
Overall very good, would probably use them again!
  
 
 
 
  
 
 
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2023-04-07