Rideshare Accident Lawyer in Fort Wayne

Since their nationwide introduction in 2011, rideshare services like Uber, Lyft, and delivery services like DoorDash have shared the roads with drivers in Fort Wayne, Indiana. If you’re involved in a rideshare accident, you could suffer life-altering injuries, and might wonder how you can find justice for the pain and suffering you’ve endured.

Mounting bills and a long recovery process could prove challenging and you may need legal guidance to help you recover your losses and determine who’s liable for your collision.

The right rideshare accident lawyer in Fort Wayne can help you navigate the complexities of the legal process, explore the merits of your claim, battle the insurance companies on your behalf, and walk beside you on the road to justice.

 Contact Yosha Law for a free consultation today.

What you need to know about rideshare accidents in Indiana

As rideshare services have only become available in recent decades, it’s tough to predict accident trends based on compiled data. However, here are statistics on rideshare and car accidents nationally and in Indiana may be helpful to know:

• In 2024, 200,176 car accidents were reported in Indiana.
• According to the Insurance Institute for Highway Safety (IIHS), rideshare drivers are involved in more rear-end collisions than other drivers.
• A 2019 study from the University of Chicago found that rideshare services account for a 2-3% increase in traffic accidents in major metropolitan areas.
• A 2022 Uber U.S. Safety Report revealed that the ridesharing company now utilizes technology to deter bad behavior and reckless driving.
• From 2021-2022, there were 153 Uber rideshare accident fatalities and over 58,000 serious injuries. 
• Over half of Uber rideshare accidents involve risky driving behavior.
• 18% of all rideshare crashes were directly caused by driver actions.
• A report from the National Institutes of Health found that ridesharing increases traffic and may be connected to a higher rate of traffic accidents.

Steps to take after a rideshare accident

After a rideshare collision in Fort Wayne, you may want to get home as quickly as possible, and even experience shock after the trauma you’ve just endured. However, at Yosha Law, we suggest following these steps to protect your rights to compensation:

Pull over to safety

If your car is still operational and your injuries won’t prevent you from doing so, pull over to the right shoulder of the road. Keep your vehicle away from oncoming traffic, and only step outside when you can do so safely. It’s vital to protect yourself after your accident to avoid a second accident and remain safe.   

Call 911 

If your ridesharing accident causes significant property damage and even minor injuries, you should call 911 and wait for first responders to arrive on the scene. Emotions can run high after a collision, so only exchange contact and insurance information with all involved parties if you aren’t jeopardizing your safety. You can also wait until law enforcement arrives.

Police officers who respond to your accident will fill out a police report that includes contact information for all involved parties, an initial assessment of what occurred, the date and time of the accident, and eyewitness statements. This report is crucial documentation for any personal injury claim you choose to file. 

Do not admit fault or apologize

When speaking with first responders and anyone involved in your ridesharing accident, your natural reaction may be to apologize or admit some fault. However, even mild statements made in good faith can be used against you in an insurance claim or lawsuit.

Gather evidence 

While you’re still on the scene of your accident, take photo and video documentation that can be used to strengthen your claim. It’s also important to keep all receipts of property repair bills, documentation of medical treatment, and bloody clothing from your collision. 

Seek immediate medical attention

In the initial aftermath of your ridesharing accident, you may feel like your injuries are minor. However, severe injuries, such as internal bleeding, may not have immediate symptoms and can worsen over time. Documentation of medical diagnosis and treatment you receive is also incredibly important for any compensatory claims you choose to file.    

Avoid discussing your accident on social media

If you’re hit by a rideshare driver, you may feel compelled to vent about it on social media. Nevertheless, you should avoid posting about your accident or injuries you’ve suffered as a direct result. Internet activity lasts forever, and even if you set your page to private, a team of insurance company attorneys and defense lawyers can gain access to your posts and use them against you. 

Consult a car accident lawyer

You can connect with Yosha Law for an obligation-free consultation even before you proceed with an insurance claim. Our firm has over 60 years of experience handling personal injury and car accident cases, and a rideshare accident lawyer in Fort Wayne can advise you to help you determine your next legal steps. 

We’ll also help you to understand the complexities that may be involved in the claims process so that you can negotiate a fair settlement with the insurance companies. If you cannot reach an agreement with insurers, and choose to file a lawsuit,Yosha Law can fight for you in court and represent you in all negotiations.

File an insurance claim

You’ll begin the claims process with your own insurance company, and they’ll reach out to the at fault party’s insurer. You’ll be assigned a case number and a claims agent that you can refer to throughout the process. 

Giant insurance companies have a team of experienced lawyers at their disposal, and may lowball your claim or even deny it. A Fort Wayne rideshare accident lawyer can help you to determine when a settlement offer is acceptable.

Who’s liable in a Fort Wayne rideshare accident?

Liability in a rideshare accident can be murky. Although a rideshare driver may have caused your collision, there may be multiple parties considered at fault. Liable parties in a Fort Wayne rideshare accident might include:

• Another driver who caused the accident to occur 
• Construction company responsible for poor or unclearly marked work zone conditions
• Local government responsible for shoddy road conditions
• Rideshare company
• Rideshare driver

The unique nature of rideshare accidents

As anyone can apply to drive for rideshare services, rideshare drivers may begin their shifts after a full-time day job, could be new to the area, and may not have experience. Rideshare drivers are considered independent contractors and do not undergo thorough training.

Although a rideshare company may hold partial liability for an accident that occurs after a driver has picked up a passenger, the driver must carry individual full insurance coverage and may be fully liable for an accident.

Rideshare crash risk factors

Rideshare services are often popular in major urban areas and may contribute to congested traffic. This may cause a small increase in accident risk. Common rideshare accident risk factors can also include:

• Distracted Driving
• Driver Fatigue
• Driver Inexperience
• Dropoffs or Pickups in unsafe traffic conditions
• Excessive Speed
• Failure to Maintain vehicle safety standards
• Impaired Driving
• Lack of Vehicle Maintenance
• Reckless Driving
• Unfamiliar Routes

What to expect during a rideshare accident claim

A rideshare accident lawyer in Fort Wayne can advise you on the specific circumstances of your case, but there are general steps a personal injury claim after a rideshare accident follows. Before you pursue a lawsuit, it’s vital to go through the insurance claims process. 

An insurance company might try to quickly settle your claim by offering a lump sum, yet extremely low, offer. Yosha Law can help you to discern whether or not you should accept an offer. 

Although it may seem tempting to accept an offer that can provide immediate financial relief, you should factor in any future adverse impact and costs your injuries might still incur. Once you’ve accepted a settlement offer, you will not be able to claim further compensation. 

Here’s what you can expect once you’ve filed a personal injury lawsuit:

• After you’ve filed with the courts, defendants have 30 days to respond to your claim.
• Your rideshare accident lawyer will gather the documentation of your injuries and evidence from the scene of the accident to build the foundation of your case.
• Your lawyer will also research the rideshare driver’s driving history to look for a pattern of violations.
• Your lawyer may find forensic experts and witnesses who can testify on your behalf.
• Your lawyer will act as your representative in any negotiations or legal meetings. 
• If you fail to reach a settlement agreement, your case will then go to trial.
• A Yosha Law rideshare accident lawyer in Fort Wayne will continue to battle the insurance company in court on your behalf. 
• A jury or judge will determine the verdict in your case and set the monetary compensation (if any) you are to receive.  

Indiana Laws that could impact your personal injury claim

In Indiana, recent state legislation to monitor, regulate, and improve the safety of rideshare services has taken effect. For example, the amount of insurance a rideshare driver must carry is set at a minimum of $50,000 for property damage and $1,000,000 while carrying passengers.

Indiana rideshare drivers are also mandated to undergo specific background checks before beginning a gig contract and must adhere to vehicle safety standards. In areas with increased rideshare traffic, there are also ordinances to improve pedestrian safety.

Along with rideshare specific laws, here are other Indiana laws that could impact your claim.

Modified Comparative Fault

Indiana Code § 34-51-2-5 sets the guidelines for modified comparative fault, which could diminish your compensation. This mandate determines that if both parties in a personal injury claim hold fault, the amount of any monetary award is impacted.

For example, if you’re more than 50% at fault for your rideshare accident, you will not have a legal path to compensatory damages. If you’re less than 50% responsible, but over 0%, the amount of compensation you can seek will decrease.

Statute of Limitations

The Indiana statute of limitations, § 34-11-2-4, requires that all claims are filed within two years of the date of your accident. This statute allows you ample time to determine your course of action, and also protects defendants from frivolous claims filed many years after a collision.

A Fort Wayne rideshare accident lawyer can help to ensure that you file your legal claim well within this timeframe. It’s also important to know that if you were under the age of 18 or mentally incapacitated at the time of your accident, a deadline extension may be provided.  

Compensatory damages in a Fort Wayne rideshare accident

Compensatory damages allow you to break down your claim into categories that can help to cover both monetary losses and immeasurable personal losses suffered in a rideshare accident. 

Although a successful outcome in a personal injury case can never be guaranteed, Yosha Law has fought and won major verdicts for many satisfied clients. We’re passionate about finding justice for the underdog in cases against large insurance companies. 

When your case is over, you’re still a part of our family. Many of our clients come to us through referrals from friends and loved ones. We have a 98% success rate in beating an insurer’s final offer, and we’ve recovered hundreds of millions of dollars for accident victims. 

If a case calls for a change in Indiana law, we’ll passionately work to help pass legislation that protects lives and keeps our roads safe.

A Fort Wayne rideshare accident attorney from our firm will help you to calculate your damages and determine what compensation you should seek. Here’s a look at each category. 

Economic Damages

Legally, economic damages (also known as special damages) are a way to recoup the monetary losses you’ve suffered as a result of your accident. Economic damages account for the set expenses you’ve incurred, and can include present and future costs.   

Here are some examples of economic damages:

• Assisted Living Costs (including necessary home healthcare)
• Lost Wages (including tips and bonuses)
• Medical Expenses (any accident-related appointments, prescriptions, and treatment)
• Property Repair and Replacement Costs (repairs or car replacement costs)
• Transportation Costs (rental cars, public transportation, and if you choose to use them, rideshare services)

Non-Economic Damages

Non-economic damages (also called general damages) acknowledge the immeasurable losses you’ve endured as a result of your accident. These are losses that can’t be measured, but deserve compensation. 

Although nothing can replace these immeasurable losses, non-economic damages may help to alleviate your financial burdens and your pain and suffering.  

Non-economic damages may include:

• Catastrophic Injury
• Chronic pain
• Disfigurement
• Emotional Trauma
• Loss of Limb
• Mental Anguish
• Paralysis
• Traumatic Brain Injury (TBI)

Punitive Damages

Punitive damages are rarely included in personal injury claims, and are more often handed down by a judge or jury in a case where a defendant has exhibited gross negligence. If you’ve suffered grievous injuries as a result of your collision, your rideshare accident lawyer in Fort Wayne may advise you to seek punitive damages.

For example, if a rideshare driver was texting and excessively speeding when they hit you, they may be subject to punitive damages.

The Indiana Violent Crimes Victim Compensation Fund is automatically allocated 75% of a punitive damages award, and the remaining 25% is awarded to the plaintiff.

How Yosha Law can help

During your initial, obligation-free consultation, we’ll listen to your story and honestly communicate the merits of your case. If you choose to hire Yosha Law, we’ll gather critical evidence, conduct pertinent research, obtain forensic expert and eyewitness testimony, negotiate for fair compensation, and passionately stand as your advocate in the fight against insurance giants.

We’ve successfully fought huge insurance companies including Farmers, Geico, Liberty Mutual, Progressive, and many more. You don’t have to stand alone in your battle for justice.

A Yosha Law rideshare accident lawyer in Fort Wayne can walk beside you and support you through every step of the legal process and strengthen your case. We care about your unique experience and your individual needs as you seek justice.  

Rideshare Accident FAQ

Can I sue a rideshare company if a driver hits me?

If a rideshare driver has a passenger or is en route to pick someone up when they cause an accident, the rideshare company may be liable and can be named as a defendant in your lawsuit. Similarly, if you’re a passenger in an Uber or Lyft when your driver causes an accident, the rideshare company’s insurer may be liable for any injuries you sustain.

What will it cost to hire a rideshare accident lawyer in Fort Wayne?

If you choose to retain Yosha Law for your rideshare accident claim, we work on a contingency basis. This means that we only get paid if there’s a successful verdict in your case. You won’t have to worry about exorbitant legal bills throughout the process of your claim.

You need to be able to focus on your recovery, and you shouldn’t have to walk this path alone. Connect with Yosha Law for your free consultation today, and let us fight for your justice.