Massachusetts Rideshare Accident Lawyer

If you have been injured in an Uber or Lyft accident, call Cutler & Associates to learn about your options for compensation. We offer free consultations.

According to the Transportation Network Company Division, the Bay State had a total of 78.7 million rideshare trips in 2023. This smartphone-based on-demand transportation helps both residents and tourists get where they need to go safely. However, accidents do happen from time to time. Rideshare accidents can cause serious injuries that lead to massive medical bills. If you're injured in a rideshare accident, hiring a Massachusetts rideshare lawyer is the best move you can make to ensure that your right to compensation is protected.

How Rideshares Differ from Taxis

Massachusetts was among the first states to adopt ridesharing services like Uber and Lyft. Boston was among the first cities to introduce rideshare services. Before rideshares, taxis were a popular go-to mode of transportation. So, what's the difference between the two?

Taxis

Boston is home to one of the oldest taxi companies in the United States. The Boston Cab Association has been operating since the early 20th century, and taxi cabs remain a staple in our communities. Now, let's see what makes them unique in the eyes of the law.

• Regulation: Local municipalities regulate taxi cabs, which means they must follow specific rules set by the city or town where they operate. These rules can include everything from fare rates to the color of their cars.
• Pricing: Taxi fares are typically meter-based, which means the cost of your ride increases with distance and time.
• Hailing a Ride: People hail taxis on the street in most urban areas, or you can find them at designated taxi stands.
• Vehicles and Drivers: Taxi drivers must have a special license (often called a hackney carriage license), and their vehicles must meet specific requirements set by the local regulating authority.

Rideshares

A rideshare app on smartphones links drivers and passengers for easy to obtain transportation. To match customers with drivers in their area, rideshare firms use GPS technology. After gaining traction in the 2010s, heavy hitters like Uber and Lyft continue to dominate the ridesharing market. Today, many people prefer rideshares over conventional taxi services. The rise of this transportation led to new rules, regulations, and laws to govern this industry.

• Regulation:  Ridesharing services are regulated at the state level, giving them more flexibility. For example, they can adjust their prices more freely, especially during high demand (i.e., surge pricing).
• Pricing: Ridesharing services use dynamic pricing models. This fee structure lets you see your fare estimate before booking the ride. Plus, patrons make payments through an app.
• Hailing a Ride: You request a ride through an app on your smartphone, and the app notifies you when your driver arrives.
• Vehicles and Drivers: Ridesharing drivers and their vehicles must meet the ride-sharing company's standards and state regulations. Still, the regulations are generally less stringent than those for taxis.

Taxis and ridesharing services offer similar results. They get you from point A to point B. However, they operate under different rules, pricing models, and methods for booking a ride. Taxis are more regulated and have consistent pricing, while ridesharing offers a more flexible, app-based service with dynamic pricing.

Rideshare Accident Statistics

As rideshare services increase in popularity, so do motor vehicle accidents. Let's look at recent statistics illustrating these collisions' impact on drivers and passengers.

• A report on this subject released by the National Highway Traffic Safety Administration (NHTSA) states that in 2018, crashes involving "for-hire" vehicles, including ridesharing services, accounted for 857 fatalities. This number is a 10% rise over the same period for the previous year.
• According to Uber's Safety Report, there were 5.8 fatal crashes involving drivers and passengers for every 100 million miles driven in 2019 and 2020.
• According to a 2018 Uber safety report, 107 US citizens lost their lives in collisions involving Uber rides in 2017 and 2018.

Typical Injuries Rideshare Accident Victims Suffer

Injuries range from minor cuts and bruises to life-threatening conditions. The most frequent injuries involving ride-sharing vehicles include the following:

• Whiplash: Whiplash is a common injury sustained in car accidents, according to the National Institute of Neurological Disorders and Stroke. Rapid forward and backward head movement can cause whiplash, which damages the tendons and ligaments in the neck and shoulders. Whiplash can worsen if not treated properly, but early treatment can help. Chiropractic adjustments or physical therapy are two possible treatments for this injury. Among the symptoms are:
  • Tenseness
  • Anguish
  • Headaches
  • Lightheadedness
  • Exhaustion
  • Hazy vision
  • Ear ringing
• Shattered Bones: Broken bones often require extensive medical care and long recoveries. They are common in many different types of motor vehicle accidents.
• Soft Tissue Damage: Damages to the muscles, tendons, and ligaments are considered soft tissue injuries. These painful wounds do not often heal quickly and can result in long stints off work, which can lead to a lack of income.
• Traumatic Brain Injury: Among the most severe injuries sustained in a car accident are traumatic brain injuries (TBIs). The CDC classifies three severity levels for TBIs: mild, moderate, and severe. As an illustration, a concussion can be mild. Moderate-to-severe traumatic brain injuries (TBIs) can cause permanent issues like memory loss, sensory abnormalities, personality changes, or even death. The CDC estimates that in 2019, there were roughly 223,135 TBI-related hospital admissions in the United States.

Symptoms of traumatic brain injuries include:

• • Nausea
  • Dizziness
  • Confusion
  • Anxiety
  • Headaches
  • Sensory issues
  • Aggressiveness
  • Communication difficulties

Common Causes of Rideshare Accidents

Drivers for Uber and Lyft encounter the same risks and hazards as any other motor vehicle operator. However, there are some factors specific to rideshare accidents. Let’s go over the most common reasons why rideshare vehicles end up in accidents.

Driving While Distracted

Distracted driving poses a significant risk for rideshare drivers as it can lead to accidents, injuries, and even fatalities. With the nature of their work requiring constant navigation, communication with passengers, and the use of mobile devices for ride requests and directions, rideshare drivers are particularly vulnerable to distractions behind the wheel. Taking their focus off the road, even momentarily, can result in delayed reaction times, missed traffic signals, and impaired decision-making, putting both themselves and their passengers in harm's way. It is crucial for rideshare drivers to prioritize safety by minimizing distractions and staying alert while driving to ensure a smooth and secure ride for all.

In the US, motor vehicle accidents involving inattentive Uber or Lyft drivers resulted in 424,000 injuries and over 3,100 fatalities in 2019, according to the Centers for Disease Control and Prevention (CDC).

Careless Drivers

Careless drivers cause accidents every day in the United States, and Massachusetts is no exception. Sometimes, the careless driver is the rideshare driver, and sometimes, it is the driver of another vehicle which ends up in a collision with the rideshare vehicle. Here are a few examples of careless driving:

• Ignoring stop signs or red lights
• Driving too fast
• Operating a vehicle while intoxicated
• Moving through a no-passing area
• Refusing to grant others the right of way

Tired Drivers

Some rideshare drivers put in long hours without taking regular breaks. Fatigued drivers for Uber and Lyft may cause catastrophic collisions by making mistakes or nodding off when extremely tired. The National Highway Traffic Safety Administration (NHTSA) reports that in 2017, fatigued driving was a factor in 91,000 police-reported crashes, 50,000 injuries, and nearly 800 fatalities.

If you were in an accident caused by a distracted, careless, or tired rideshare driver, contact an experienced Massachusetts rideshare accident attorney to get the compensation you deserve.

What to Do in Massachusetts Following an Uber or Lyft Accident

Hurt in a Massachusetts Lyft or Uber accident? There are some immediate actions you can take which will aid in protecting your legal rights. They are as follows:

1. Seek Medical Attention 

First and foremost, you should always get medical attention immediately. No matter how small the injuries look, getting medical assistance is the first and most important thing to do. This step may involve calling 911, visiting the emergency room, or scheduling an immediate appointment with your primary doctor.

Make sure you save your accident-related bills and medical documents. They offer proof of your wounds and medical care. This documentation shows how serious your injuries are and how much you have spent on medical bills.

2. Share Information 

Obtain the contact information of the driver(s) of the involved vehicles and the eyewitnesses (name, address, phone, license, insurance). You will need this information if a lawsuit or insurance claim is necessary.

3. Document the Crash

Report the Uber or Lyft collision as soon as you can to the rideshare company and the police department. The responding officer will create a police report, which will serve as valuable evidence when the time comes to file a personal injury claim. This paperwork provides details such as:

• The accident's date, time, and place
• A description of the collision, vehicles, and direction of travel
• Photographs or diagrams showing vehicle damage and the accident scene
• Observations and conclusions of the police officer regarding the accident's cause
• Any injuries the drivers or passengers of Uber and Lyft suffered

4. Consult a Physician

You should get checked out even if there are no visible injuries following an auto accident. Certain serious injuries, such as whiplash, concussion, internal bleeding, or traumatic brain injury, do not always show signs right away. Furthermore, you will need medical records as evidence if you pursue a claim. It’s important to be able to correlate your injury to the accident itself, which is easily done through medical records from the day of the crash.

5. Speak with a skilled Massachusetts Rideshare Accident Lawyer

Feel confused after a rideshare accident? Schedule a free consultation with a Massachusetts rideshare accident lawyer. Here at Cutler & Associates, we can offer sincere and compassionate help after you’ve been injured. We will help you determine the best path forward to see if you have a viable case to seek compensation.

Who is At Fault in a Massachusetts Rideshare Accident?

If you were injured in a rideshare accident, you are probably wondering exactly who to hold accountable. Depending on the circumstances of your accident, it could be various parties or even more than one party. Here are the most likely parties which could potentially be liable:

• The Uber or Lyft driver: They may be held accountable if they break any traffic regulations. For instance, a Lyft driver would be liable if they ran a red light and caused an accident.
• The ride-sharing company: Common scenarios include improper vehicle maintenance or driver screening. For instance, if an Uber driver crashes while operating a vehicle with a suspended license, the company may be held accountable for careless hiring procedures.
• Other drivers or parties: Accidents can happen due to other drivers, pedestrians, or even malfunctioning/defective car parts. In these situations, the person who caused the collision would be held accountable.

When several persons are involved in an Uber or Lyft car accident, it can be difficult to determine who is at fault. This is one reason why it is so important to have an experienced Massachusetts rideshare accident lawyer on your side. They can investigate to determine exactly who should be held liable to ensure you get fair compensation.

Rideshare Insurance Coverage Requirements

Former Governor of Massachusetts Charlie Baker signed a 2016 bill which set rules for every transportation network company (TNC). Rideshares fall under the regulatory umbrella of TNCs. The state has specific insurance requirements for rideshare operations. Here's a breakdown of the key insurance requirements for rideshare drivers and companies:

Three Periods of Rideshare Driving

The law divides a rideshare driver's time into three distinct periods, each with its own unique insurance requirements:

• Period 1: The driver is logged into the rideshare app but has yet to accept a request for a ride.
• Period 2: The driver has accepted a ride request and is en route to get the passenger.
• Period 3: The passenger is in the vehicle, and the ride is in progress until the passenger gets dropped off.

Insurance Requirements

• Period 1: During this time, the state requires rideshare drivers to have a minimum of $50,000 per person, $100,000 per accident for bodily injury, and $30,000 for property damage and personal injury protection (PIP). The driver's or company's insurance provides this coverage.
• Periods 2 and 3: Once a ride has been accepted (Period 2) and throughout the ride (Period 3), the rideshare company must provide commercial insurance coverage. This policy includes at least $1 million in liability coverage per accident and $1 million in uninsured/underinsured motorist coverage. The coverage must be active until the passenger exits the vehicle.

Comprehensive and Collision Insurance

Regarding deductibles, Uber typically has a $2,500 deductible for collision and comprehensive coverage during periods 2 and 3. Similarly, Lyft has a $2,500 deductible for these coverages. Some insurance providers, offer gap coverage to help cover these deductibles, reducing the out-of-pocket expenses for drivers.

Gap Coverage

Massachusetts law addresses the need for "gap coverage" to ensure no insurance gaps when a driver is logged into the rideshare app but has not yet accepted a ride request (Period 1). The law clarifies the rideshare company's insurance is primary if the driver's insurance does not cover this period. Insurance carriers can help pay the difference between the rideshare company's deductible and the driver's personal policy deductible.

Regulatory Oversight

The Massachusetts Department of Public Utilities (DPU) Transportation Network Company Division (TNC) oversees and enforces these insurance requirements, among other regulations concerning rideshare operations within the state.

These insurance requirements aim to protect rideshare drivers, passengers, and third parties in the event of an accident. Rideshare drivers must understand these requirements to ensure they're compliant and protect themselves financially.

The Role of a Personal Injury Lawsuit

After an Uber or Lyft car accident, can you sue? The short answer is yes. Massachusetts law gives you the legal right to file a lawsuit. There are many reasons why you might think about doing so. The primary motivation is to get paid for accident-related medical costs, lost wages, pain and suffering, and other losses.

Keep in mind that you typically must file your lawsuit within three years of the accident. This deadline is known as the statute of limitations for personal injury matters and is set by the state of Massachusetts. The clock starts ticking on the date of the accident. If you miss the deadline, you won't be able to obtain compensation, leaving you to pay all related expenses on your own.

How Rideshare Accident Injury Attorneys Help Victims

Massachusetts rideshare accident injury attorneys are incredibly valuable when it comes to getting fair treatment after being injured in a rideshare accident. To build a strong case and successfully obtain compensation for our clients, we offer three main services:

1. Legal Representation 

From the moment you hire an attorney to represent you, they will handle all communication with any insurance companies, defense attorneys, expert witnesses, and other parties to the lawsuit. They will also begin working immediately to build your case, which involves investigation, evidence collection, analysis of all available documents and data, and filing the case.

2. Settlement and Negotiation

An Uber or Lyft accident case can often get settled through negotiations before ever going to trial. A skilled attorney knows how to build and present a strong case so that the liable party or parties understand it is in their best interest to settle for a fair amount. The attorney will also be prepared to go to trial if the defense refuses to settle for an acceptable amount.

3. Knowledge and Experience

Your attorney's understanding of the legal system and previous experience handling similar cases can greatly benefit you. They know the laws related to car accidents, insurance, and ridesharing services like Uber or Lyft. They will be able to interpret the available coverage from the ridesharing company's insurance policy and how it applies to your accident. Having knowledge of these legal matters can help the attorney build a strong case and protect their client's rights after a rideshare accident.

How to Locate the Best Accident Attorney for Uber & Lyft

You may need legal representation after being injured in an Uber or Lyft. But how can you locate a top Massachusetts rideshare accident lawyer? Try these three suggestions:

• Seek out referrals and reviews: To locate a skilled personal injury lawyer, look up Massachusetts Uber and Lyft accident lawyers online. Get referrals from friends, relatives, or other attorneys you may know. You can also read the attorney's prior clients' reviews, testimonials, and success stories.
• Verify reputation: Consider the attorney's qualifications when looking for legal representation. Find out online if they're well-known in the legal field, have a current Massachusetts law license, or belong to the Massachusetts Bar Association (or similar organization).
• Arrange a complimentary consultation: You can learn a lot about attorneys when you meet with them in person. A free consultation allows you to share your story, ask questions, have your case evaluated, and receive advice on what to do next. This meeting enables you to determine whether the attorney fits your needs.

By following these three suggestions, you can make an informed decision. An experienced attorney focused on Massachusetts Uber and Lyft accidents can help achieve a positive outcome for your case.

Questions to Ask a Boston Rideshare Accident Lawyer

Were you utilizing a ride-sharing service when you got into an automobile accident? Are you coping with severe injuries? Have you been swamped with financial stress due to increasing medical expenses and lost pay from missed work? You have a lot on your plate. You need the best ridesharing accident lawyer in Massachusetts. Ask the following three questions to see if a prospective lawyer is right for your case:

1. What's your knowledge of rideshare accidents? 

Locate a lawyer with experience handling ridesharing accident cases. Rideshare wrecks aren't like ordinary auto accidents. These complicated cases often involve many parties, such as the ridesharing company, the rideshare driver, and other drivers on the road. Your best chance of winning your personal injury claim will come from a lawyer concentrating  in ridesharing collisions.

2. How are you going to approach my case? 

You want to know the lawyer's strategy for handling your Lyft or Uber case. This conversation covers topics like how they intend to collect evidence, bargain with an insurance provider, and, should the need arise, submit your case in court. Ensure the attorney's action plan fits your objectives for the case.

3. How are your services priced? 

Our attorneys at Cutler & Associates practice on a contingency fee basis, which means we only get paid if we win your Rideshare case.

Resolve Your Rideshare Case

The impact of a rideshare accident shakes up your life. The medical bills start to pile up, and your injuries prevent you from going back to work. You're having financial difficulties. How do you get back on your feet? Where do you go for help?

Cutler & Associates is here for you.

Our law firm stands ready to guide you through this difficult time with compassion, experience, and dedication.

Why Choose Cutler & Associates?

• Experience That Speaks for Itself: Our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. Our firm built its reputation on trust, aggressive advocacy, and stellar courtroom performance.
• Client-Centric Representation: At Cutler & Associates, we understand that every case is unique. That's why we dedicate ourselves to providing personalized legal strategies tailored to your specific needs. We take the time to listen, understand, and address your concerns. You'll feel heard and valued every step of the way.
• A Record of Excellence: Our proven track record of aggressive and creative legal representation speaks volumes. Whether negotiating a settlement or presenting a case in court, our attorneys have tenacity, zeal, and finely honed negotiation skills.

Contact Cutler & Associates Now

Don't let the opportunity for justice and compensation slip through your fingers. Call Cutler & Associates now at (800) 600-4000 or (617) 542-5000. We care, and we want to help. Schedule your free consultation today.