If a rideshare accident someone else caused harmed you, you don’t have to face the aftermath alone. The accident may have been out of your hands then, but you can place it in ours now. A Middleton rideshare accident lawyer at GED Lawyers can help you recover financially from your Uber or Lyft car wreck.
During a free case evaluation, a team member can answer your questions and walk you through the legal process associated with rideshare accidents. You can reach out to us today to get started.
Middleton Rideshare Accident Victims Can Claim Various Damages
Massachusetts allows parties in injury cases, such as rideshare accidents, to recover damages for their losses. The circumstances of your case will determine how much compensation you could recover. No two cases are the same.
Liable parties, injuries, expenses, insurance policies, victims’ ages, and the impact injuries have on riders will vary by the case. That said, you are generally entitled to claim economic and non-economic damages, the losses that cost you money and those that don’t. A rideshare accident lawyer serving Middleton can help you claim economic losses such as:
Medical Costs
Medical expenses are recoverable in a rideshare accident case. This includes the costs of an ambulance, emergency medical care, a hospital stay, physical rehabilitation, prescription medication, medical supplies and equipment, and more.
Lost Income
You can claim lost salaries, tips, bonuses, or other income if you’ve missed work or projects that pay you.
Accessibility Modifications
If your accident resulted in a disability that requires special modifications for your home or a car, you could recover those as well.
Essential Replacement Services
If the Middleton rideshare accident puts you out of commission where you cannot perform your daily tasks and duties at home, you may have to pay someone to do them. Laundry, landscaping, grocery shopping, cooking, and cleaning are a few of these tasks, referred to as “replacement services.”
Pain and Suffering
You could pursue damages for these injuries if you suffer mentally or emotionally after a Middleton rideshare accident. Bodily injuries like severe pain, traumatic brain injuries, spine injuries, damaged organs, burns, scars, and disfigurement are compensable. Additionally, emotional distress like depression or psychological trauma, as well as loss of enjoyment of life, can lead to financial recovery.
How to Recover Damages for Pain and Suffering in Middleton, MA
In Massachusetts, recovering damages for pain and suffering isn’t exactly a given. The state requires victims to meet a legal threshold before they can claim non-economic damages. Some states require car accident victims to meet a serious injury threshold, but Middleton and around Massachusetts residents must meet a medical expense threshold.
Per Massachusetts General Laws c. 231 § 6D, a person may recover pain and suffering only if their “reasonable and necessary” medical expenses are “in excess of two thousand dollars.” A car accident victim will not need to prove medical expenses if their injury meets one of the following criteria:
- Causes death
- Consists in whole or in part of the loss of a body member
- Consists in whole or in part of permanent and serious disfigurement
- Results in such loss of sight or hearing
Whose Insurance Covers My Injuries in a Middleton Rideshare Accident?
The question of whose insurance covers the victim’s injuries in a rideshare accident is common. Given that there are multiple parties involved by default, it’s a necessary question. Liability is key in car accidents because the liable party pays. For that reason, it’s important to know how liability is determined.
Generally, the liable party in a car accident or rideshare accident is the person, company, or entity that caused or contributed to the accident. A negligent act or traffic violation is usually the cause. In a rideshare accident, the at-fault party’s insurance is responsible for covering an injured party’s damages.
So, if you’re a rideshare passenger and another vehicle hits the Uber you are traveling in, you would file a claim with their auto insurance. Conversely, Uber insurance covers damages if the Uber driver caused the accident by rear-ending the other driver.
Rideshare Insurance Coverage in Massachusetts
If a rideshare insurance policy covers your accident in Middleton, MA, you may want to know the maximum you can receive. Of course, that depends on the driver’s status at the time of the collision. Assuming the rideshare driver was at fault, the rideshare company’s third-party liability insurance would cover you if the driver was logged in to the app at the time.
Because rideshare drivers are independent contractors, the state’s transportation network company statute (Massachusetts General Laws Chapter 159A1/2 Section 5) only requires companies to provide insurance protection while drivers work for them. State law refers to rideshare companies as transportation network companies (TNCs).
Drivers Signed in and Waiting for Ride Requests
If an Uber or Lyft driver is signed in to the rideshare app and awaiting requests from riders when an accident occurs, the company’s liability insurance kicks in.
Drivers Signed in and Taking Passengers
If the driver is taking a passenger to a destination or driving to pick the passenger up, a $1 million liability insurance policy covers injuries and property.
Drivers Not Logged in to the Rideshare App
If an Uber or Lyft driver struck your vehicle while off duty, the driver’s personal car insurance will need to cover your losses.
Our Middleton Rideshare Accident Attorney Will File Your Lawsuit Before the Legal Deadline Expires
The statute of limitations for car accident lawsuits in Massachusetts is three years from the accident date, per Massachusetts General Laws Chapter 260, Section 2A. If you lost a loved one due to a rideshare accident in Middleton, MA, you also have three years to file a wrongful death action. The clock for wrongful death suits starts from the deceased’s death date. It’s important that you don’t delay initiating an action for compensation in your rideshare accident case.
If you miss the statutory deadline, the courts may very well dismiss your lawsuit, stripping you of your legal right to seek financial recovery. A Middleton personal injury lawyer at our firm can start your case and present your lawsuit at trial before time runs out.
Recover the Money You Deserve With a Middleton Rideshare Accident Attorney at GED Lawyers
The attorneys at GED Lawyers put our clients’ needs first. We use our decades of legal experience in Massachusetts law to bring injury victims the resolution they seek.
Our Middleton rideshare accident lawyer can pursue fair compensation for your injuries. We never charge attorney’s fees unless we win your case. Contact us for a free case review.
