How Maryland’s Personal Injury Laws Apply to Rideshare Accidents
How Maryland’s Personal Injury Laws Apply to Rideshare Accidents
Rideshare services have become increasingly popular in Maryland, offering convenience and flexibility for both passengers and drivers. However, with the rise of ridesharing, questions about liability and personal injury laws have emerged, particularly in the event of an accident. Understanding Maryland’s personal injury laws is essential for anyone involved in a rideshare accident.
Understanding Rideshare Liability in Maryland
In Maryland, rideshare drivers are considered independent contractors. This means that, unlike traditional taxi services, the rideshare company (like Uber or Lyft) may not be directly liable for accidents involving their drivers. Instead, responsibility often falls on the driver involved in the accident.
However, rideshare companies do provide liability insurance coverage for their drivers while they are engaged in rideshare activities. This can lead to confusion about who is liable and how compensation is determined. Under Maryland law, liability in a rideshare accident can be influenced by:
- The status of the rideshare driver at the time of the accident (online and accepting rides, driving to pick up a passenger, or off the app).
- The specific circumstances of the accident, including fault determination.
- The available insurance coverage options.
Insurance Coverage for Rideshare Accidents
In Maryland, rideshare drivers must carry personal auto insurance, but the coverage from the rideshare company also plays a crucial role in the event of an accident. Here’s how it typically breaks down:
- Offline: If the rideshare driver is not logged into the app, their personal insurance is the primary coverage.
- Online (but not engaged): The rideshare company's liability insurance usually provides up to $100,000 per person in bodily injury coverage and $50,000 for property damage.
- Engaged (with a passenger): More robust coverage applies, with liability limits often reaching up to $1 million. This coverage is critical if serious injuries or damages occur.
Steps to Take After a Rideshare Accident
If you find yourself involved in a rideshare accident in Maryland, it’s essential to follow these steps:
- Ensure Safety: Check for injuries and move to a safe location if possible.
- Call for Help: Contact emergency services if there are injuries or significant property damage.
- Gather Information: Exchange contact and insurance information with all parties involved. Collect evidence, including photos of the scene, vehicle damage, and witness statements.
- Report the Accident: Notify the rideshare company through their app and file a police report, as this documentation can be crucial for insurance claims.
- Consult an Attorney: Reach out to a personal injury attorney who understands Maryland’s personal injury laws, especially regarding rideshare accidents.
Filing a Personal Injury Claim in Maryland
In Maryland, you have the right to file a personal injury claim if you are injured in a rideshare accident due to someone else's negligence. The state follows a contributory negligence rule, which means that if you are found to be even 1% at fault for the accident, you may be barred from recovering compensation. Therefore, it’s crucial to gather substantial evidence to support your claim.
The statute of limitations for personal injury claims in Maryland is typically three years from the date of the accident. This means you have a limited time to file your claim, making it vital to act swiftly and consult with an experienced attorney.
Conclusion
Understanding how Maryland’s personal injury laws apply to rideshare accidents is critical for both passengers and drivers. The complexities of liability and insurance coverage can create challenges, but being informed and taking the right steps after an accident can help ensure that your rights are protected. Make sure to seek legal counsel to navigate the process effectively and maximize your chances of obtaining the compensation you deserve.