Proving Negligence in a Personal Injury Claim In Mesa Arizona

When it comes to a personal injury case, the biggest factor that must be proven is negligence. Many people think of medical cases when this word pops up. However, this word applies to all personal injury cases. No matter the case, negligence must be proven. Keep reading for a further breakdown of what negligence means and how to prove it.

Duty – This refers to the duty a person had towards the person who was injured. For example, in a pedestrian accident involving a vehicle, the driver and the pedestrian have laws to uphold which is their duty to the people around them. In each particular case, it will be assessed whether or not the defendant had a legal duty in some way to the plaintiff. This is the first step.

Breach – Did the driver or pedestrian breach these duties? In other words, did they break the law and therefore fail at upholding their duty? It then must be proven that the duties the defendant had towards the plaintiff were breached or broken. However, it must be proven that this breach was done so in a manner that any reasonably prudent person might choose. There is a basic guideline that acts as a guideline for pointing out how the average person may breach their legal duties. If the attempted explanation of the breach doesn’t fall within these guidelines, then the defendant isn’t considered negligent. 

Causation – What caused the accident and was it because those duties were breached by either party? Once the other two steps are proven, the final step is to prove the injuries in question were actually caused by the breach of legal duties. For example, say someone sprained their knee a few days before the accident and then tried to pin that sprained knee on what occurred with the defendant. The way to prove this is by keeping detailed records of the injury. Take photos right away, go to the doctor to have official medical documentation, have witnesses, etc. This is the best way to prove how bad the injuries were and that they were definitely caused by the incident. An important factor to point out is that the defendant may be able to prove that they had no idea their actions would or could cause injury. For example, say a random act of nature was involved. If this is the case, then the liability wouldn’t fall on the defendant. 

Damages – What was the injury, or injuries, that were a cause of the accident? Did the vehicle sustain damage, did the pedestrian break their leg, etc. If so, did any of these incur medical charges or repair bills? If awarded, the plaintiff would receive damages for all of this. Often included is also emotional or psychological damages. Of course, damages are commonly in the form of money which goes to cover the expenses involved with the incident. Sometimes, damages can be other things, but it’s not as common as monetary sums.

If you or your loved one need help in proving negligence concerning a personal injury case, don’t hesitate to contact us for a consultation.

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





Please prove you are human by selecting the Heart.

A complete and thorough investigation should be conducted shortly after an accident to determine the cause of the accident. Negligence or a defective product may have been the proximate cause of the collision. In any event, you are entitled to seek the truth and have your case heard by a jury or judge. In Arizona, the parties can agree to have the matter heard by a judge in a more expeditious and inexpensive manner.

 Truck Accident Statistics

 In 2005, the Federal Motor Carrier Safety Administration (FMCSA) disclosed that there were over 5,000 fatalities involving the use of commercial trucks. You should be ready to file a claim after a trucking accident, given the great number of accidents caused by trucks and the severe injuries that are commonly suffered after one of these accidents.

 If you have been injured after one of these victims, you deserve to have your rights protected.

 Truck Inspections and Highway Safety

 Trucks must be inspected regularly and must adhere to the FMCSA standards. The drivers must also be regularly supervised and certified so that safe road can be assured for the general public.

 Truck Insurance

 Unlike passenger vehicles in Arizona, that require minimum insurance coverage of $15,000 to $30,000 for any bodily injury, commercial trucks must carry at least a minimum of $750,000 in insurance for any bodily injury that may occur on the road. It is essential to verify insurance coverage in these trucks after an accident because sometimes the owner may lease the truck, and the lessor may not carry the insurance mandated by the law.

 Trucking Company and Truck Driver Regulations

 Regulations set forth by the Federal Motor Carrier Safety Administration standardize the use and maintenance of commercial trucks. These truck regulations include the use of controls and displays, starter interlocks, windshield defrosting and defogging systems, hydraulic and electric brake systems, and trailer load-carrying capacity.

 Further, truck drivers must comply with rules regarding receipts and bills, the transportation of household goods in interstate commerce, controlled substances and alcohol use and testing, commercial driver’s license standards, and other employee safety and health standards.

 The regulations are extensive, and the breach of any of these rules may cause an accident and severe injuries or loss of life.

 Seriously Injured in a Truck Accident?

 You need to pursue legal action within the statute of limitations and gather all the necessary information quickly before you lose valuable evidence in your case. The preservation of evidence is needed so that you are able to present all the correct and relevant information at court. The attorneys at Schenk Podolsky are highly qualified to handle trucking accident claims and lawsuits—contact us today to pursue your legal claim.

 If you have suffered a severe injury, or if a loved one has lost his or her life, as a result of a trucking accident, please contact our law firm. We can understand the scale of these cases, and we know how to properly conduct truck accident investigations through experts to prosecute your claim.

 We have a commitment to excellent personal service and to helping victims of truck accidents involving serious injury, or wrongful death, and will diligently pursue your claim.

Truck safety failures can be proved through the use of experts and inspections. Numerous causes of negligence can cause an accident. Therefore, only the most diligent inspections can reveal the proximate cause of the collision, and alert similar companies to follow better practices.

At Schenk Podolsky, we thoroughly investigate every truck accident case that comes through our office. The truck, or the components of the truck, not just the truck driver may have caused the accident. Further, the commercial truck driver may have been negligent in driving over the speed limit, over the hours of time allowed under the law, or may have simply been tired and inattentive at the time of the accident.

Trucking companies have high exposure limits when involved in an accident, so they have highly trained insurance adjusters and lawyers who investigate their losses. Thus, when you are injured in a truck accident, it is vital to have someone with the resources that Schenk Podolsky can provide you with.

Our firm can effectively investigate your truck accident and determine what parties were negligent in your loss. Whether it was the driver, poor maintenance, improper loading of the cargo or a combination of these, our firm will pursue the trucking company to ensure you obtain the compensation you are entitled to.

We would like to help you if were injured in an accident with a commercial truck. We have the experience and resources necessary to help you pursue your claim.

Contact Schenk Podolsky online, or by calling us at to set up a free consultation in our Mesa Law Office.

Car Accidents SettledEven if you have been involved in a car accident that apparently did not result from your fault, you have to understand that when it comes to compensation, your insurer is going to try very hard to get away without paying the full amount you are entitled to. Their plan is to complicate the claim settlement process, get you worn out, and force you to settle for as little as possible. The aim of this article is to equip you with the necessary information with regards to the car accidents claim process, how you could make your claim stronger, and how the claim is eventually settled.

Car Accident Claim Process

When car accidents happen, it is tough times for the parties involved. The accident claim against the insurer for the damages only make the bad situation worse. There are a number of issues that the victims or their loved ones have to deal with. These include litigation, medical expenses, claim adjuster, and repairmen among others. However, a proper understanding of the car accident claim process can reduce significantly the amount of anxiety that comes with such unfamiliar events.

The affected party has to understand several aspects of the claim process to reduce the unease during the hectic process. It is imperative to appreciate the fact that apprehension is almost natural when car accidents occur. If you ask any American motorist how good they are at driving, the answer is most likely going to be “very good.” On the other hand, if you ask them how others drive, you are likely going to get negative answers. All in all, statistics show that about 20% of all motorists in developed countries have been involved in car accidents in the recent years, but in almost all the cases, the drivers are a pain to absolve themselves of any wrongdoing. Thus, it is essential to go thoroughly into the causes and then proceed with maximum caution throughout the car accident claim.

Once the insurer is notified of the occurrence of a car accident, a representative of the insurance company is assigned the task of handling the claim. The first thing the investigator does is to find out if the insurance policy is valid and whether the loss or the damage is covered under the policy. The next step involves the interviewing of the parties involved and preparing a comprehensive report covering all witness statements. This step is critical because it establishes the party that is responsible for the losses incurred. Once the liability is fixed and it is established that the insurance company is responsible, the claim adjuster will evaluate the

damages on the car (or the damages that the car has caused) and the extent of bodily injuries if any. However, it is important to note that the insurance company is only responsible for the covered losses. Any damages beyond the purview of the accident will not be covered. It is also essential to know that medical information will play an important role in determining the amount that the insurance company will pay in settling a car accident claim.

How to Make your Car Accident Claim Stronger

As noted above, insurance companies will stop at nothing to ensure that the amount they pay you for car accident claims is as little as possible. To make sure that the claim is strong, you have the responsibility to prove that the accident happened due to the negligence of another party. Thus, the burden of proof lies squarely on you. It is, therefore, important that you collect as much information about the accident as possible. For instance, you have to get the details of the other party; record their address, their car number, their phone number, their insurance policy number, and even the type, the color and the plate number of their car. Also, get the contact information of the eyewitnesses. You can also take photographs of the accident scene. In case you are injured, get a medical report from your doctor. In a nutshell, the more facts you have to support your claim, the higher the payoff you are likely to get.

How the Claim is eventually settled

Most insurance companies are using complicated computer programs to calculate what they should pay for a given car accident claim. Their idea is just to legitimize the meager amounts they are willing to pay. It is, therefore, imperative to get the assistance of a car accident attorney in Mesa who understands car accident claims settlement properly. Remember that if you accept what an insurer is offering, there is no way to reverse the decision. Thus, if you are not satisfied with what your insurer is offering, it advisable that you file a lawsuit, and go to court for a legal determination as to how much what you are entitled.

Additional Resources For Car Accident Settlements & Claims

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
Friday: 8:00 am – 5:00 pm





Please prove you are human by selecting the Tree.

As seasons change and various weather patterns come and go, new accidents and dangers present themselves. It’s common for some types of accidents to happen more often during certain seasons than others. One season that is popular for housing a large amount of accidents is summer. Kids are out of school, families are going on vacation, and people are more active than usual. This all is a recipe for fun and memories, but it’s also a recipe for accidents galore.

Pool or Water Accidents

Of course, you had to know this was going to top the list. Water is a large focus of fun when it comes to summertime games and time killers. However, water can be dangerous with slips, falls, head injuries, drowning, etc. Drowning is the fifth leading cause of death with a fifth of those accidents being children under the age of 14. Pools, lakes, and the beach can be a blast, but be sure to take as many safety precautions as possible to keep you and your family safe.

Sport Injuries

As mentioned above, summer is a great time for getting active and many people utilize their fun in the sun for sports. There are many summer leagues involving sports for children as well. A sport injury can be anywhere from a sprained ankle to head trauma. Sports can leave a window of uncertainty open on when or how a child could be hurt. Be sure to have all the proper safety gear in place for your child and get regular checkups to ensure there are no hidden issues that could arise from their sports involvement. Of course, don’t forget that adults aren’t exempt from sports injuries as well and should be cautious and not overlook safety guidelines suggested for the sport they’re involved in.

Bicycle and Motorcycle Accidents

When it comes to summer, there’s a lot of traveling occuring. On top of this, people like to utilize various modes of travel that aren’t possible or as popular during the cooler months. This includes mopeds, street bikes, motorcycles, bicycles, etc. These types of transportation have to share the road with motor vehicles which can get dangerous at times, especially in heavy traffic. With as busy as people are during the summer months, crashes involving these types of transportation tend to go up in number. Be careful when driving and sharing the road with these modes of transportation and ensure you’re wearing and covering as many safety precautions as possible if you operate one on a roadway.

Car Accidents

As mentioned, the amount of travel people are doing goes way up when the summer months hit. Due to this, the amount of car accidents also rises throughout summer. Be aware that you’re not the only added traveler when summer hits and prepare/e aware of extra drivers on the road.

It’s always smart to observe safety parameters during any activity we might be involved in. This doesn’t just go for summer, but throughout the year. However, the accidents listed above are prone to happen more often and frequently when summer hits so, it’s good to be aware of this timing and up the awareness to compensate.

After a traumatic incident occurs, it can be difficult and even confusing to know what the next step is, if any. It’s common for those involved in traumatic incidents to lack proper information into the rights they possess. Knowing what rights you have can help incidents like a traumatic brain injury, feel a little less overwhelming. If you or a loved one has gone through this experience, here is a bit of information on your rights and the steps you should take during the process.

Your First Steps

If you hit your head and there are symptoms arising afterwards, seek medical care as quickly as possible. Even minor head injuries can be quite serious and cause other issues if left untreated. Further, if your incident occurred at work, in a car accident, or other place where someone may be held liable, getting medical care will provide proof of the injury and help with the timeline of events. Sometimes, incidents may occur that do not involve the liability falling on another person. However, brain injuries can be a life-changing event and are often caused at work, in car accidents, etc. This means you shouldn’t be the one to handle all the burdens a brain injury can lay in your lap.

Contact an Experienced Lawyer ASAP

It can be common for people to move quickly in order to protect themselves when it involves an incident they may be liable for. This is why it’s important to protect your rights as soon as possible. Bringing in an experienced lawyer as soon as everything starts to happen can ensure things are handled properly from the beginning. An experienced attorney can ensure your rights are protected and followed to the letter while you go through such a burdening event.

Listen to Professional Advice

We often times want to argue with our doctors and lawyers about certain matters. Sometimes this is warranted however, other times we need to listen to the professionals. We hire them for a reason and it’s because they know what they’re doing. This means you’ll want to follow the treatment and medical plan given to you by your doctor. Some hiccups can occur if a patient during a case doesn’t follow a treatment plan. Further, listen to the tips your attorney will offer you. For example, he/she might tell you to avoid discussing matters freely on social media or with friends and family. This often can also cause hiccups and make the process harder or longer. It’s important you stay aware of your actions and think about how those actions can interfere with your case.

If you or a loved one have experienced a traumatic brain injury, contact an experienced attorney as soon as possible. Not all incidents involving brain trauma require cases however, many do and you’ll want to make sure your rights are covered.

 

90% minimum: this is the part of human responsibility generally accepted in road accidents. In other words, the large share of accidents due to a driving error that could be avoided by a vehicle driving independently. No fatigue, no inattention, distraction, no hesitation…the artificial intelligence coordinates the information cross-checked from the various onboard sensors (cameras, radars, laser radars) and the external data, resulting from the communication with infrastructures and other vehicles, even pedestrians and their smartphones … An immense stream of data analyzed continuously and managed by a processor endowed with artificial intelligence to be predictive of the driving situations and behaviors of other users and even better avoid all risks by acting on the brakes, throttle, and steering. Ideal on paper, but so complex to put in place!

Autonomous car accidents: should we be afraid?

self driving car accidentsIn the meantime, we are in a pivotal period of technological development, all communication infrastructures are not in place, far from it, and extensive road tests, whether in Europe or the United States, are only allowed. It is tough to let a car drive itself for hours while being ready to go into action in a fraction of a second when the time comes. This is precisely what failed in two different cases; two fatal accidents occurred a few days apart last March in the United States.

At the federal level, Congress has so far been unsuccessful in its effort to enact uniform safety legislation for the testing and deployment of self-driving cars. As a result, several states have proceeded to pass their safety regulations, and these impose varying degrees of responsibility (and liability) on manufacturers and owners of self-driving cars. For example:

  • https://azgovernor.gov/governor/news/2018/03/governor-ducey-updates-autonomous-vehicle-executive-order
  • https://www.dmv.ca.gov/portal/dmv/detail/pubs/newsrel/2018/2018_17

In practical terms, this lack of a national safety standard means that if you’re injured in an accident with a self-driving car, your legal recourse against the manufacturer and owner of the vehicle may vary depending on the state in which the accident occurred.

The Human Element

In a typical car accident with a human driver at the wheel, the driver engages in some negligence, such as running a red light that causes a collision with another car. In this situation, the negligent driver is primarily liable for the injuries caused by the crash.

In some states, the car’s owner may be liable as well, as long as the vehicle was being driven with the owner’s knowledge and consent. And in situations where the collision is caused by some manufacturing defect in the car itself, anyone injured may be able to sue the manufacturer on a “product liability” theory of fault. So, there could be three potential avenues of recourse when you are injured in a conventional car accident: the offending driver, the car’s owner, and the car’s manufacturer (putting aside the potential financial responsibility of the respective car insurance carriers).

With self-driving cars that have no “driver” to sue, it would appear at first blush that your recourse is now limited to a suit against the car’s owner, operator, or manufacturer. But this is a rapidly-evolving area. In many situations, until the technology advances to the point where self-driving cars are fully autonomous, a human is still required to sit in the driver’s seat so that he or she can take over the controls as conditions present themselves — or in the alternative, a human remote operator is required to monitor the vehicle’s movement and take over as necessary. Which brings us to our next topic…

Testing Company Liability for Self-Driving Vehicle Accidents

As we saw in March 2018, when a self-driving Uber car struck and killed a pedestrian in Arizona, self-driving technology has not yet been perfected to the point where the car can sense, react to, and avoid a sudden and unexpected danger.

The upshot of this reality is that as long as self-driving cars require human assistance, those humans (whether sitting in the driver’s seat or monitoring the vehicle remotely) will remain potentially liable if their negligence contributes to a car accident. And if these human drivers/remote operators are employees of companies like Uber, Google (Waymo), or another company engaged in testing self-driving vehicles, the companies will be on the legal hook under established principles of employer liability for a car accident.

With regard to a manufacturer’s liability, some states have passed laws that deem the automated driving system to be the “driver” or “operator” of an autonomous vehicle for purposes of determining conformance to applicable rules of the road. These states require manufacturers of these vehicles to assume fault for each incident in which the automated driving system is at fault. Under this theory, if the automated driving system’s “negligence” causes an accident, the manufacturer assumes that negligence, and the legal liability that comes with it.

While this may give some comfort to persons injured by self-driving cars given the “deep pockets” of vehicle manufacturers, it’s still necessary to prove fault. And precisely what this means — whether showing some kind of flaw in the design or development of the automated driving system, or retrieving the vehicle’s event/data recorder to prove that the vehicle ran a red light — will have to be sorted out as cases make their way through the nation’s courts, and the legal possibilities evolve into legal principles.

You have been a victim of a car accident while riding in the passenger seat. Whose responsibility is that?

Initially, the responsibility falls onto the insurance carrier of the vehicle that, you, the passenger was riding in (passenger of an individual vehicle or a public vehicle….). As a passenger injured in someone else’s car you will need to send some documents including all of the specific information about the accident and the driver. When the passenger sends this information, it allows the insurance companies to make any necessary compensation payments that are eligible from the accident.

The insurance provider of the driver of the vehicle that the passenger was in is responsible for all of the monetary and medical compensation required from the accident. This is the case unless there is another vehicle involved in the accident who carries the fault.

The insurer of the vehicle has eight months to pay the passenger a sufficient financial provision from the accident unless the accident has gone to court, at which time this may extend the payout date. The one thing to keep in mind, is the question of “what is sufficient?” and this is why we always recommend that anyone who has been injured in a car accident in Mesa or any of the surrounding cities in the valley, come in and see us for a free consultation.

The amount of compensation due is dependent on the amount of injury that occurred, and how that is going to affect the passenger in his or her life.

The financial provision must be sufficient, i.e. the passenger must not have financial problems because of the car accident.

The insurer of the car will then have to make an offer of compensation, after getting expert medical opinions on the status of passenger and the injuries that they have incurred due to the accident.

Medical expertise and passenger compensation

The insurer may make medical assessments of the passenger(s) in order to assess the amount of the provisions to be paid and in order to assess the final amount of compensation. The insurer will then send his/her medical expert to consolidate the state of health of the passenger who was in the car. It is on the basis of the report from the medical expert that he will then make a definitive offer of compensation.

The passenger who was a victim in the accident does not necessarily need to be evaluated by a medical doctor or an expert. It is specifically for the realm of financial provisions from the accident that the victim would think about doing so. Do not hesitate to contact an expert if this is necessary.

When the car accident is fatal for the passenger, what are his or her rights or what are they entitled to?

The insurer of the vehicle involved must then send the required documents within six weeks of the accident. He is then obligated to make an offer of compensation for non-pecuniary damage as well as for economic loss (financial loss due to the death of the pedestrian, funeral expenses, time out of work, etc …).

It may be the case that the insurer forgets to send an offer to the beneficiaries, due to the fact that he may not be aware of the entire composition of the passenger’s family.

It is then up to you as the victim’s family to let the insurer know so that he or she sends you an offer of compensation.

It can be quite difficult to enforce your rights, especially when there are significant damages or losses due to the accident.

We hope that this article brings some insight to your questions, please do not hesitate to contact your Personal Injury Law Firm in Mesa, Schenk Podolsky Attorneys at Law for a free consultation where our attorneys can discuss in more detail the best possible route to handle your accident claim and means of seeking compensation for your injuries.

Choosing a Personal Injury Lawyer

When you have had a car accident, you know there is going to be a lot of headaches involved when filing your claims or dealing with insurance companies and you want a car accident attorney to help you with all the necessary work. You need to know how to choose the best car accident attorney for your specific claim and some attorneys will be better than others, can have different prices for hire and may specialize in various types of claims. You will want to choose the best attorney that fits your budget and is knowledgeable about your specific type of claim and situation.

If you have had a car accident in Mesa, you do not want to hire an attorney that specializes specifically in auto accidents. If you have extenuating circumstances involving injury or loss of life, you do not want an attorney that may handle injury and loss of life claims. You want to make sure that the attorney you hire is capable of providing the representation that will best serve you and help you to get the settlement you are entitled to.

Search Online or Look For Advertisements For Car Accident Attorneys

You can views advertisements for car accident attorney services on the television, in the yellow pages and online. Most ads will display what specialties and types of claims that attorney will normally handle. This can be very helpful when you are looking for an attorney to handle a specific type of case. Perhaps you were involved in an accident that was proven to be a no-fault accident in which there is not a responsible party to base a claim against while you know that it was not your fault and to receive the maximum payout on your settlement, you will have to prove the negligence of the other driver. There are attorneys who do specialize in representing this type of case and will be very beneficial. With a little research, you can find that attorney.

What if you have suffered a serious injury and need an attorney that will make house calls and can represent you under a contingency plan. Then you will want to find an attorney that provides these services and not with a lot of extra charges. If you hire an attorney that is not used to representing these types of clients, you may find you have more worries with your attorney than with your claim, and they may charge you outrageous fees for doing a little extra work. An attorney who is experienced with this type of case will know what your needs are and how to meet them within their specified price range.

You Have Found a Few Attorney Prospects, How Do You Choose the Right one?

You can find out a lot about the attorney through their advertisements, which will help to narrow your choices to a specific group of attorneys. Once you have a few that you believe can represent you the way you need, then you need to make a few phone calls and ask a few key questions for your lawyer. The questions you ask should pertain to your specific case, and it is best to write down all of your questions and concerns before contacting the attorney. If you have them readily available, then it is much easier to conduct a brief survey and to choose the best attorney to meet your needs. Once you found the attorney of your choice and they have approved to take your case, then it is time to get to work and file your claim.

Ease and convenience have been the main factors that propelled ride-sharing applications Uber and Lyft into what they are today: dominators of ride-hailing, not only in the United States but also worldwide.

What kind of insurance do Uber and Lyft drivers have?

Since drivers work for long hours a day, safety and insurance policies had been in talks and have been implemented by the two ride-sharing services. For starters, Uber and Lyft require their drivers to have their own car insurance first, before becoming accredited drivers.

The two ride-sharing companies also provide certificates of insurance to their drivers, providing them with a comprehensive insurance policy that depends on certain circumstances.

This is in addition to the three-part insurance plan that both Uber and Lyft provide their drivers and passengers, which notes that drivers that have their Uber or Lyft app turned off while driving is only covered by their own policies. Moreover, drivers who have their app turned on, or on driver mode, but have no passengers are covered by liability insurance of $100,000. Insurance claims $1,000,000 applies from the moment a driver accepts a passenger ride request until the passenger leaves the vehicle.

Insurance policies vary between these companies as well. Uber has since partnered with Allstate, Farmers Insurance, James River Insurance, and Progressive for their policies. Lyft, on the other hand, has since extended their policy reach to all 50 states, even in Toronto, Canada.

What should a ridesharing driver do after an accident?

Make sure everyone is safe. Once you have checked yourself for any personal injury, check on your passengers. Depending on how fast you are going, you or your passengers may experience whiplash. Take note of all symptoms or health issues that you and your passengers may have.

Call 911. Informing a police officer will be beneficial, as they are trained to collect crucial information.

Collect insurance information. You are required by the ridesharing company to collect insurance information, so make sure to take note or snap a picture of the license plate of the other vehicle, as well as the other driver’s license.

Document your experience. It is important to record your experience as long as you can still remember all the details. It would help to use a camera or an audio recorder to do this.

Report the incident to your ridesharing company. Give them a detailed record of the accident. There is a possibility that your account will be temporarily suspended until they are sure that your car is working and safe to be driven around again.

If involved in an Uber or Lyft accident, you can best protect yourself by calmly documenting what has happened:

  • Record your driver’s name, phone numbers, and email, and auto insurance details>This may be done more easily with a smartphone by taking photos of the driver’s license and insurance card, then also noting phone number and email.
  • Record the name, phone numbers, and email of the driver(s) of other vehicles involved in the accident, as well as their auto insurance details
  • Record names, phone numbers, and email of any eyewitnesses
  • Photograph the Uber or Lyft vehicle, and other vehicles involved in the accident, as well as the accident scene
  • Save a screenshot of your ride receipt
  • Contact the police to file an official report
  • Accept and obtain medical assistance for any injuries
  • Having this information will prove valuable if you subsequently suffer from medical issues resulting from the accident and need to consult a personal injury attorney.