Legal Rights of Injured Pedestrians Hit by Rideshare Vehicles

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Rideshare platforms like Uber and Lyft have fundamentally changed how people move through cities. They offer convenience, affordability, and flexibility. However, this convenience comes with new legal complexities—especially when things go wrong. Among the most vulnerable in these situations are pedestrians, who may suffer severe injuries when hit by a rideshare driver.

If you’ve been hit while walking, you might be wondering what to do next. Who is responsible? How will your medical bills be paid? What legal actions can you take against Uber or Lyft?

This guide will walk you through the essential legal information and practical steps you need to know if you’re a pedestrian involved in an accident with a rideshare driver.

 

Immediate Steps to Take After Being Hit by a Rideshare Vehicle

Being hit by a car is a traumatic experience, and when the vehicle involved is a rideshare, the situation becomes even more confusing. The steps you take in the minutes and hours following the accident can significantly affect your ability to receive compensation.

1. Seek Medical Attention Immediately

Your health comes first. Whether you’re in severe pain or simply feel shaken, you need to be examined by medical professionals. Some injuries—such as internal bleeding, concussions, or soft tissue damage—may not show symptoms right away. Moreover, having a medical record created immediately after the incident provides critical documentation for any legal or insurance claim.

Even if paramedics arrive on the scene and you decline transport, make sure to follow up with a hospital or primary care physician as soon as possible.

2. Report the Incident to Police

Always contact local law enforcement and ensure a police report is filed. The report will serve as an official record of the accident and often includes preliminary fault assessment, statements from both parties, and witness accounts. It’s an essential document for proving liability and damages later.

3. Document Everything at the Scene

Use your smartphone or camera to capture as many photos and videos as possible. Focus on:

• The rideshare vehicle (including license plate and company signage)
• The street and surrounding environment (traffic lights, crosswalks, signage)
• Your physical injuries
• The driver’s app status, if visible on their phone

This visual evidence can be crucial in proving the circumstances of the incident and disputing any challenges the rideshare company or their insurance may raise.

4. Collect Contact Information

Get the driver’s full name, phone number, license number, and insurance information. It’s also important to ask whether they were using the Uber or Lyft app at the time of the accident. This can determine whether the rideshare company’s commercial insurance applies.

If there are any witnesses, gather their names and contact details. Eyewitness accounts can serve as valuable support in your claim.

 

Understanding Liability in Rideshare Pedestrian Accidents

Rideshare drivers are not traditional employees; they are classified as independent contractors. This creates a unique layer of complexity when it comes to determining liability in an accident.

Determining Whether the Rideshare Company Is Liable

One of the most important factors in any rideshare pedestrian accident case is the driver’s status on the app at the time of the collision. This status impacts which insurance policy is applicable.

If the driver was actively engaged in a ride or on the way to pick up a passenger:
Uber and Lyft provide up to $1 million in third-party liability coverage. This is typically the most straightforward scenario for pedestrian victims, as the rideshare company’s commercial insurance usually kicks in.

If the driver was logged into the app but not actively on a ride:
There may be limited liability coverage provided by the rideshare company—often significantly lower than when a ride is in progress. You may also need to file a claim against the driver’s personal auto insurance in tandem.

If the driver was off the app and not working:
Uber and Lyft will likely deny all responsibility. You would then pursue compensation through the driver’s personal insurance policy. If the driver is uninsured or underinsured, this can significantly complicate your path to recovery.

 

How to File a Claim Against Uber or Lyft

Filing a claim after being hit by a rideshare driver is different from a standard pedestrian car accident due to the multi-party structure involved. It’s essential to take a structured approach.

1. File a Police Report and Gather Evidence

Start by obtaining a copy of the police report, which may support your version of events and provide a record of the driver’s statements. This report often forms the foundation of your claim.

Continue gathering all possible evidence, including:

• Emergency room and doctor bills
• Treatment summaries and recommendations
• Proof of lost wages or employment interruption
• Ongoing care requirements

2. Report the Accident to the Rideshare Company

Both Uber and Lyft have internal incident reporting systems, typically accessible via their apps or websites. File a report with factual details. However, be careful not to make any statements that might be interpreted as admitting fault.

3. Consider Legal Representation Early

Because rideshare companies and insurers are known to deny or underpay claims, having a personal injury attorney involved early in the process helps you:

• Determine the correct insurance policy
• Avoid lowball settlement offers
• Ensure paperwork is filed correctly and on time
• Pursue litigation if negotiations fail

 

Common Legal Challenges in Rideshare Accident Claims

Victims of pedestrian accidents involving rideshare drivers often face obstacles that can stall or derail their claim.

Denial Based on Driver’s App Status

Rideshare companies may argue they are not liable because the driver wasn’t logged into the app, even if the driver was clearly operating in a work-like capacity. Proving the driver was on duty at the time is essential.

Disputes Over Fault

Even if you were in a crosswalk, the driver’s insurer may argue you were partially at fault. This could reduce your compensation or disqualify you entirely in contributory negligence states.

Lack of Insurance or Insufficient Coverage

In cases where the driver was off-duty or lacks sufficient personal insurance, recovering damages can be difficult. This is especially problematic when victims have serious injuries that require ongoing care.

 

Types of Compensation Available to Pedestrians

The law allows pedestrian accident victims to pursue a range of damages, depending on the circumstances and severity of the injury.

1. Medical Expenses

You can recover all costs related to your treatment, including ER visits, surgeries, medications, physical therapy, and long-term care.

2. Lost Wages

If your injuries caused you to miss work or limited your ability to earn, you can seek compensation for current and future wage losses.

3. Pain and Suffering

This refers to emotional distress and physical pain caused by the accident. It includes anxiety, trauma, and loss of enjoyment of life.

4. Punitive Damages

These are awarded in rare cases involving gross negligence or willful misconduct, such as a rideshare driver operating under the influence.

 

Do You Need a Personal Injury Lawyer?

Yes. The complexity of rideshare accident claims—especially those involving pedestrians—requires skilled legal guidance. A personal injury lawyer familiar with Uber and Lyft policies can help you:

• Understand your rights
• Maximize your compensation
• Handle all negotiations with insurers
• Represent you in court, if needed

Without legal counsel, victims often accept settlements far below what they are entitled to.

 

Frequently Asked Questions (FAQs)

Can I sue Uber or Lyft if their driver hit me while I was walking?
Yes, you may be able to sue Uber or Lyft, but whether they are financially responsible depends on the driver’s status at the time of the accident. If the driver was actively logged into the app and either on a trip or in between rides, then the rideshare company’s insurance policy typically applies. If the driver was off the app, you would need to pursue a claim against the driver personally through their private insurance.

Who pays for my medical bills after a rideshare pedestrian accident?
Medical bills can be paid through several sources, depending on the situation. If the rideshare driver was on duty, the company’s third-party liability insurance may cover medical expenses. If the driver was off duty, their personal auto insurance should be pursued. In cases where the at-fault driver is uninsured or underinsured, you may also turn to your own health insurance or any uninsured motorist coverage you have.

What happens if the driver wasn’t logged into the rideshare app when they hit me?
If the driver was not logged into the Uber or Lyft app at the time of the accident, the rideshare company will typically deny any responsibility. In such cases, the pedestrian must file a claim directly against the driver’s personal auto insurance. If the driver is uninsured, legal action may be necessary to seek compensation, and recovery can be more difficult.

How do I prove the rideshare driver was working at the time of the accident?
Proving the driver’s app status is crucial to holding Uber or Lyft liable. This can often be verified through the police report, by screenshots from the driver’s phone, or during the legal discovery process if a lawsuit is filed. A personal injury lawyer can subpoena records from the rideshare company to determine whether the driver was active at the time.

What kind of damages can I recover if I’m hit by a rideshare driver?
You may be entitled to compensation for medical bills, lost wages, pain and suffering, emotional distress, and in rare cases, punitive damages. The total amount depends on the extent of your injuries, liability factors, and available insurance coverage.

 

Contact The Epstein Law Firm, P.A., Today

If you’ve been hit by a rideshare driver, understanding your rights is critical. These cases are legally nuanced and often involve large corporations with significant legal resources. Knowing how to act—and who to call—can make the difference between receiving fair compensation and walking away with nothing.

Don’t let Uber, Lyft, or their insurers dictate the outcome of your case. Contact The Epstein Law Firm, P.A., today for a free consultation. Protect your rights, secure your compensation, and begin your path to recovery.