Can You Sue After a Rideshare Accident with Uber or Lyft in Delaware?

Rideshare services like Uber and Lyft are a popular way to get around Delaware, whether you’re heading to the Riverfront in Wilmington, catching a ride from Newark to Dover, or navigating traffic along I-95. While convenient, rideshare trips are not without risks.

If you’re injured in a crash involving one of these services, you may be wondering if you can take legal action. The short answer is yes, under certain circumstances, you may be able to sue for damages. Talk to a skilled Delaware rideshare accident lawyer from Edelstein Martin & Nelson today. 

Understanding Liability in Delaware Rideshare Accidents

Determining whether you can sue after a rideshare accident depends largely on who was at fault and when the accident occurred during the rideshare process. Delaware law and Uber and Lyft policies divide the driver’s time into three key periods:

• Driver is offline: The rideshare company is not responsible; the driver’s personal insurance applies.
• Driver is online but has no passenger: Uber or Lyft provides limited liability coverage in addition to the driver’s insurance.
• Passenger is in the vehicle or a ride is in progress: The rideshare company’s $1 million liability policy is typically in effect.

If the rideshare driver or another motorist caused your injuries, you may be able to pursue compensation from the appropriate insurance policy.

Common Causes of Rideshare Accidents in Delaware

While every accident is unique, certain factors frequently contribute to Uber and Lyft crashes:

• Distracted driving: Rideshare drivers often use the app while driving, which can lead to missed stop signs or red lights.
• Speeding: Particularly on major routes like US-13, DE-1, or Kirkwood Highway.
• Fatigue: Many drivers work long hours or juggle multiple jobs, increasing the risk of drowsy driving accidents.

Injuries That May Justify a Lawsuit

If your injuries are severe enough, you may have grounds to file a lawsuit instead of, or in addition to, pursuing an insurance claim. Delaware’s personal injury laws allow victims to sue for a range of serious injuries, including:

• Head and brain injuries: Such as concussions or traumatic brain injuries from collisions on I-295 or Concord Pike.
• Back and spinal injuries: Herniated discs or paralysis caused by high-impact crashes.
• Broken bones: Often requiring surgery or lengthy rehabilitation.

These injuries can result in significant medical expenses, lost income, and pain and suffering, damages that may be recoverable through legal action.

Steps to Take After a Delaware Rideshare Accident

If you’re involved in a crash while riding with Uber or Lyft, taking the right steps immediately can help protect your health and your claim:

• Call 911: Report the accident to the police and request medical assistance if needed.
• Document the scene: Take photos of vehicle damage, road conditions, and visible injuries.
• Get contact information: Exchange details with all drivers involved, as well as any witnesses.
• Report the crash to the rideshare company: Use the in-app accident reporting feature.
• Seek medical care: Even if injuries seem minor, get evaluated by a healthcare provider.

Filing a Lawsuit After a Delaware Rideshare Accident

You may be able to sue if:

• The rideshare driver’s negligence caused your injuries.
• Another motorist caused the accident, but their insurance coverage is insufficient.
• Uber or Lyft’s insurance company refuses to offer a fair settlement.

An experienced Delaware rideshare accident lawyer can review your case, identify all possible sources of compensation, and guide you through the legal process.

Protecting Your Rights After a Rideshare Crash

If you’ve been injured in a rideshare accident in Delaware, don’t assume that Uber or Lyft will automatically cover your damages. These companies and their insurers often fight hard to minimize payouts. A skilled attorney can help you navigate the complex insurance structure, prove liability, and pursue full compensation for your losses.

The legal team at Edelstein Martin & Nelson has extensive experience representing rideshare accident victims throughout Delaware. Call 302 504 4815 today for a free consultation with an experienced Delaware rideshare accident lawyer and find out how we can help you hold the responsible parties accountable.