More people use rideshare services like Uber and Lyft each year. These services make travel more convenient, especially in growing cities. But with more rideshare vehicles on the road, pedestrian accidents have become more frequent.
Let’s explore what are the challenges in pedestrian accidents involving rideshare vehicles, focusing on issues that matter most to victims. If a rideshare driver hit you or someone you know, you may be wondering what comes next. An experienced Arkansas pedestrian accident lawyer can help you navigate the legal process and pursue the compensation you deserve.
The answers are not always straightforward, especially when more than one party might be responsible.
Who Can Be Held Responsible?
Liability is the first thing people want to understand. However, responsibility may not be clear in a pedestrian accident involving a rideshare vehicle. Unlike typical accidents between two personal vehicles, these cases often involve companies like Uber or Lyft, individual drivers, and possibly other third parties.
Rideshare drivers are independent contractors, not employees. That creates confusion. If the driver was working at the time of the crash, then the rideshare company might share some legal responsibility.
The company could deny coverage if the driver were between rides or off the app.
This can leave the injured person dealing with the driver’s personal insurance policy, which may be limited.
In Rogers and the rest of Benton County, Arkansas, state laws follow a fault-based system. The person or party at fault must pay for damages. But figuring out who is at fault may take time and effort.
It may also involve:
- Reviewing rideshare app logs
- Confirming the driver’s status during the crash
- Investigating weather, road conditions, or other drivers involved
- Examining crosswalks or traffic signals for pedestrian rights-of-way
Insurance Coverage Questions
Insurance is often the most stressful part of a pedestrian accident case. Victims want to know who will cover their bills. With rideshare cases, more than one insurance policy may be involved. That’s both helpful and complicated.
Uber and Lyft offer liability coverage that applies during specific phases of the ride. If the driver is active on the app and waiting for a ride, there’s one level of coverage.
Coverage increases if the driver accepts a ride or has a passenger in the car. If the app is off, only the driver’s insurance applies. In Arkansas, the minimum liability insurance for a personal vehicle may not fully cover serious pedestrian injuries.
On the other hand, Uber and Lyft provide up to $1 million in liability coverage when a ride is active. Victims often need help finding out:
- Whether the driver was “on the clock” or off-duty
- Which policy applies to their situation
- Whether coverage will pay for all losses
- If additional claims can be made under uninsured/underinsured motorist coverage
This process becomes more complicated if the insurance companies try to delay or deny claims. That’s why many injured pedestrians seek legal help early on.
Gathering Evidence is Difficult
Evidence is key in any personal injury case. In pedestrian-rideshare cases, there are many sources of proof, but they are not always easy to get. Pedestrians may be unconscious or confused after the crash, making it harder to take photos, talk to witnesses, or remember what happened.
Rideshare companies hold digital records that show when a ride was accepted, started, and ended. They also collect GPS data, messages, and trip history. These records can support a victim’s claim but are not shared without legal pressure.
Victims might also face resistance when asking for:
- Dashcam footage
- Driver’s ride status logs
- Communications between driver and app
- Cell phone records to check for distracted driving
Pedestrian crosswalks and traffic lights may also play a role. City traffic footage or business surveillance videos might help, but time is a factor. Many of these systems delete footage in days or weeks.
Injuries Are Often Severe and Long-Term
Unlike drivers in a vehicle, pedestrians have no protection when they are hit. That leads to serious injuries even in low-speed collisions. Many victims suffer broken bones, spinal cord damage, or head trauma. These injuries require long-term care, missed work, and emotional distress.
It’s not just about medical bills. In Arkansas, personal injury law allows victims to seek compensation for pain and suffering, emotional distress, and loss of quality of life.
But those terms can be hard to prove with paperwork. A pedestrian hit by a rideshare car may struggle with:
- Long hospital stays
- Expensive rehabilitation programs
- Anxiety, PTSD, or sleep problems
- Inability to return to work
These challenges are not just physical. They affect families, finances, and futures. Insurance adjusters often try to settle early, hoping victims will accept a low offer before realizing the full cost of the accident.
Confusion Around Rideshare Driver Background Checks
Most people assume that rideshare companies check their drivers carefully. But background checks vary by state, and they don’t always catch everything. In Arkansas, rideshare companies must meet certain rules, but there is room for error.
Uber and Lyft both run background checks when drivers sign up. These checks look at criminal records and driving history. However, they might not update them regularly.
That means a driver could be on the road with:
- Recent traffic violations
- Suspended licenses
- Dangerous driving records
- Prior accidents that weren’t reported
For someone injured in a pedestrian crash, that raises questions. Could the crash have been prevented if the company had acted sooner? Did the driver already have a history of bad driving? These questions could affect the value and outcome of a legal claim.
Local Laws and Pedestrian Rights in Arkansas
Arkansas traffic laws protect pedestrians, but those rights depend on location and traffic signals. In Rogers and across the state, pedestrians generally have the right of way in crosswalks.
Not every intersection is clearly marked, which can cause confusion during accident investigations. Drivers must yield to pedestrians in marked crosswalks and intersections without traffic signals.
Some fail to stop due to distraction, speeding, or inattention. Common violations in pedestrian cases include:
- Failing to yield at a crosswalk
- Running a red light or stop sign
- Speeding in residential areas or near schools
- Making illegal turns
If a rideshare driver commits one of these violations, they may be liable for damages.
Delays in Medical Treatment and How They Affect Claims
Injuries from pedestrian crashes are often serious, but some symptoms take time to show. A person might feel sore but assume they’re okay, only to learn days later they have internal injuries or a concussion.
Insurance companies may use that delay to suggest the injuries weren’t caused by the crash. This is a common strategy in personal injury cases. When victims wait too long to seek medical care, gaps are created in their medical records.
Insurance adjusters may argue that the injuries were unrelated or exaggerated. That’s why it’s imperative to follow through with all the care a doctor recommends and get legal advice immediately.
Common challenges include:
- Delayed diagnosis of head or spinal injuries
- Missed follow-up appointments due to lack of insurance or transportation
- Incomplete records that fail to link injuries to the crash
- Pressure to return to work before fully healed
Victims should document everything, from the first hospital visit to physical therapy appointments. These records show the full extent of the injuries and support the claim for damages.
Steps to Take in the Days and Weeks After the Crash
The days and weeks after a pedestrian accident are important. During this time, victims are often dealing with pain, stress, and financial pressure. It’s easy to feel lost, especially against large insurance companies.
In the weeks following a crash, victims can take a few simple steps to protect themselves:
- Request all medical records and bills
- Keep a journal of pain levels, mobility challenges, and emotional stress
- Contact witnesses and ask for written statements
- Take photos of injuries as they heal
- Follow all doctor instructions and attend every appointment
These actions build a stronger case. They also help victims stay organized and focused during a difficult time. Even small steps like saving receipts for travel to the doctor can help later when calculating damages.
Complications When Multiple Parties Are Involved
Some pedestrian-rideshare accidents involve more than just the rideshare driver and the injured person. Other vehicles, businesses, or even government entities could be part of the case.
For example, if a traffic signal was broken or a sidewalk was blocked due to construction, the city or a contractor might be partially liable. Multiple defendants mean more insurance policies and more delays.
Each party may try to point fingers at the others. That can slow down the claim or lead to partial settlements that don’t fully cover the victim’s losses.
When multiple parties are involved, victims might need to deal with:
- Separate adjusters from each insurance company
- Conflicting witness statements
- Delays caused by disputes between insurers
- Complex settlement negotiations
Victims should avoid signing anything until they fully understand what they are agreeing to. A quick settlement with one party might prevent future claims against others.
Rideshare Company Defense Tactics
Uber and Lyft have strong legal teams. They are known for using aggressive tactics to avoid paying large settlements. Their lawyers may argue that drivers are independent contractors and that the company should not be held responsible.
Even when the driver was active on the app, the company may try to limit its involvement. They might argue that the driver was acting outside the scope of their duties or that the accident was caused by something else.
These tactics can confuse victims and cause delays in getting compensation.
Common defenses include:
- Claiming the driver was offline
- Disputing the victim’s injuries
- Offering a low settlement quickly to avoid a lawsuit
- Challenging the accuracy of police reports or witness accounts
These strategies protect the company’s reputation and bottom line. Victims should know that the first offer is rarely the best and have the right to ask for a fair amount based on their losses.
Time Limits for Filing a Lawsuit
In Arkansas, personal injury claims must be filed within three years of the date of the accident. This is called the statute of limitations. If a claim is not filed in time, the victim may lose the right to recover damages, no matter how strong the case.
It’s important not to wait too long. Building a strong case takes time. Lawyers need to collect evidence, request records, and negotiate with insurers. Starting early gives victims the best chance to reach a fair outcome.
Exceptions to this deadline are rare. In most cases, the case cannot move forward once the three-year period ends. Victims should mark their calendars and avoid delays caused by uncertainty or fear.
Contact a Skilled Lawyer for Immediate Assistance
Pedestrian accidents involving rideshare vehicles present many challenges. Victims often face a long and difficult road, from figuring out who is at fault to dealing with large companies like Uber or Lyft. Delays in care, questions about insurance, and legal loopholes can all add to the burden. An experienced Arkansas personal injury lawyer can help guide you through these complexities and fight for your deserved compensation.
If a rideshare driver has hit you or someone you know in Rogers, Fayetteville, Jonesboro, or any surrounding area, help is available. You don’t have to deal with the aftermath alone.
The team at Caddell Reynolds Law Firm has experience handling complex pedestrian injury cases. Call us for a free consultation at (479) 252-9303. Let us help you move forward with confidence.