Ridesharing services like Uber and Lyft have become a common way to travel in North Carolina. With just a few taps on a phone, passengers can quickly find a ride to take them anywhere they need to go. While convenient, these rides are not without risk. Just like any other form of transportation, accidents can happen, and when they do, victims often face serious injuries, emotional distress, and financial burdens. Rideshare accident cases are more complex than other car accident cases because they involve multiple parties, including the rideshare company, the driver, and insurance companies. Understanding the types of damages that may be available to someone injured in a rideshare accident is essential when seeking compensation for the losses suffered. At, Phillips & McCrea, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Medical Expenses and Treatment Costs
One of the first and most significant types of damages someone can recover in a rideshare accident case is for medical expenses. Injuries from car accidents can range from minor cuts and bruises to more serious injuries like broken bones, head trauma, and spinal cord injuries. The cost of medical treatment can quickly add up, especially if surgery, long-term care, or physical therapy is required. Medical expenses include everything from emergency room visits to hospital stays, doctor appointments, medications, and rehabilitation. Even future medical expenses can be considered if the injuries require ongoing care. It is important to seek medical attention immediately after an accident, not only to protect your health but also to document your injuries, which will be crucial when seeking compensation.
Lost Wages and Loss of Earning Capacity
After a rideshare accident, many people are unable to return to work for some time due to their injuries. In some cases, individuals may never be able to perform the same job again, especially if the injuries are severe. Damages for lost wages can cover the time missed from work during recovery. If the accident caused permanent disabilities or limitations that prevent a person from returning to their previous job, they may also be entitled to compensation for loss of earning capacity. This form of compensation accounts for the future income they would have earned if the accident had not occurred. The goal is to help make up for the financial losses caused by the inability to work, which can be devastating to families who rely on that income.
Pain and Suffering
Pain and suffering is another type of damage that can be awarded in a rideshare accident case. While medical expenses and lost wages are relatively easy to calculate based on bills and pay stubs, pain and suffering is more subjective. It refers to the physical pain, discomfort, and emotional distress experienced as a result of the accident and injuries. Serious injuries can leave someone in pain for months or even years. They may also experience anxiety, depression, or post-traumatic stress disorder following a traumatic accident. The impact of pain and suffering on a person’s quality of life is taken into account when determining compensation. While it is challenging to assign a dollar amount to these non-economic damages, they are a crucial part of personal injury claims and should not be overlooked.
Property Damage
In addition to injuries, rideshare accidents can also result in significant damage to property. Whether it’s damage to your personal vehicle or belongings that were in the vehicle at the time of the accident, you may be entitled to compensation to repair or replace them. Property damage claims cover the cost of repairs or, in some cases, the full replacement value of the vehicle if it is totaled. Personal items like phones, laptops, or other valuables that were damaged in the accident may also be included in property damage claims. Working with an attorney can help ensure that all aspects of property damage are properly documented and that you receive fair compensation for the losses.
Emotional Distress
While similar to pain and suffering, emotional distress is a distinct type of damage that may be available to rideshare accident victims. Emotional distress goes beyond the physical pain caused by injuries and refers to the mental and emotional impact of the accident. Victims of serious accidents may experience fear, shock, or ongoing emotional issues like anxiety and depression. These feelings can be overwhelming and may affect a person’s ability to function normally in their daily life. In some cases, emotional distress can even result in physical symptoms, such as sleep disturbances, headaches, or digestive issues. Compensation for emotional distress aims to provide relief for the emotional toll the accident has taken on the victim.
Loss of Consortium
When a rideshare accident affects a person’s ability to maintain their relationship with their spouse or family members, they may be entitled to damages for loss of consortium. This refers to the loss of companionship, support, and affection that occurs when someone is injured or killed in an accident. Spouses, children, or parents may seek compensation for the impact the injuries have had on their relationship with the accident victim. For example, if the injured person can no longer participate in family activities, provide emotional support, or engage in their marriage in the same way as before the accident, their spouse or family members may have a claim for loss of consortium.
Punitive Damages
In some rare cases, punitive damages may also be awarded in a rideshare accident case. Unlike compensatory damages, which are intended to reimburse the victim for their losses, punitive damages are meant to punish the responsible party for particularly reckless or negligent behavior. These damages are not common and are usually reserved for cases where the defendant’s actions were intentional or showed a complete disregard for the safety of others. For example, if the rideshare driver was driving under the influence or engaged in other extremely dangerous behavior, punitive damages might be awarded as a way to hold them accountable and prevent similar behavior in the future.
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Wrongful Death Damages
If a rideshare accident results in the tragic death of a passenger or another party, the victim’s family may be able to file a wrongful death claim. These cases allow the family to seek compensation for damages such as funeral and burial expenses, loss of financial support, loss of companionship, and emotional pain and suffering caused by the death of their loved one. The goal of a wrongful death claim is to provide financial assistance to families who have lost a loved one due to the negligence of a rideshare driver or other parties involved in the accident. While no amount of money can replace the loss of a family member, these damages can help provide some stability and support during a difficult time.
Navigating the complexities of a rideshare accident case can be overwhelming, especially when dealing with serious injuries, emotional trauma, and financial strain. Because these cases often involve multiple parties, including the rideshare company, the driver, and multiple insurance policies, it is important to have a legal team on your side that understands the unique challenges of rideshare accident claims. Having an attorney who is experienced in North Carolina personal injury law can make all the difference in ensuring that you receive the compensation you deserve for your injuries and losses. They can help you gather evidence, negotiate with insurance companies, and fight for your rights in court if necessary.
If you or a loved one has been injured in a rideshare accident in North Carolina, Phillips & McCrea, PLLC is here to help. Our dedicated team of attorneys will work tirelessly to ensure that you are fairly compensated for your medical bills, lost wages, pain and suffering, and any other damages you may be entitled to. We understand the impact an accident can have on your life, and we are committed to providing compassionate and skilled representation to help you move forward. Contact Phillips & McCrea, PLLC today for a free consultation and let us help you pursue the justice and compensation you deserve.