Boston Rideshare Injury & Assault Attorneys

When a rideshare company is involved in a crash or its driver is involved in an assault, there are a number of questions that come into play. The corporate structure and use of independent contractors can lead to heated legal disputes and complex litigation. Some of the issues we can work through include:

• Independent contractor loopholes: Uber and Lyft often deny liability by labeling drivers as independent contractors. These designations don’t always provide the protections rideshare companies are hoping for, so it’s important to know how to challenge them.
• Multiple insurance layers: Insurance coverage depends largely on app status. For instance, was the driver off-duty, waiting for a ride, or on an active trip? We need to determine this to understand the company's and its insurer’s responsibilities. Generally, if a driver is not on duty, the driver’s own liability insurance pays for any damages. For example, Uber and Lyft provides that:
  • If the driver has not accepted a ride yet, Uber’s and Lyft’s insurance covers $50,000 in bodily insurance per person, $100,000 per accident, and $25,000 in property damage.
  • If the driver has accepted a ride (is either en route to get a passenger or has a passenger in their car). Uber and Lyft provide one million dollars of insurance for bodily injury and property damage.
  • Some conditions may apply.
  • Other insurance such as collision and comprehensive insurance may also be available.
• Massachusetts laws on vicarious liability: Each state also has laws related to vicarious liability, which may help determine when and how the rideshare company itself can be held accountable. Massachusetts generally limits vicarious liability to employer-employee relationships. In rideshare cases, establishing liability for Uber or Lyft often depends on proving that they exercised sufficient control over the driver or used negligent hiring practices.
• Comparative negligence: Massachusetts law doesn’t prevent a person from recovering for their injuries if they are partly at fault, as long as they are less than 51% liable. However, the court will reduce the injured person’s recovery based on their percentage of liability. In practice, this means that insurers and rideshare company defendants often work to blame the injured person for their own injuries.
• Time limits: In Massachusetts, the statute of limitations for most personal injury and assault claims is three years. You must file your claim on time to avoid having it barred due to this strict time limit.