Rideshare Accident Lawyers in Halifax

Helping Victims Recover Compensation in Rideshare Accident Cases

Rideshare services like Uber and Lyft have changed how we travel in Nova Scotia. However,  rideshare vehicles are not immune from accidents. If you’ve been harmed in a collision caused by another party’s negligence, you may have the right to file a personal injury claim. Let the dedicated Rideshare Accident Lawyers at McKiggan Hebert handle the complexities for you while you focus on healing.

No amount of money can erase the trauma, but a claim may help you recover compensation for medical treatments, lost wages, loss of housekeeping and other essential services, and pain and suffering. Contact our firm as soon as possible to safeguard your rights. Call McKiggan Hebert at (902) 706-2298 to speak with an experienced legal professional. We will fight tirelessly to secure the compensation you deserve so you can move forward with your life. Our law firm is ready to help. Start your Rideshare Accident Claim now.

Rideshare Accidents: Who is Liable?

Rideshare accidents throughout Halifax and Nova Scotia present unique legal challenges for individuals seeking compensation after suffering injuries or property damage. Unlike traditional taxi services, companies such as Uber and Lyft rely on a network of drivers who use their vehicles, often setting their own hours.

Traditional car accidents typically involve privately owned vehicles where both drivers have personal auto insurance policies. In these situations, determining liability may revolve around which driver breached the duty of care—perhaps through speeding, failure to yield, or distracted driving. When a rideshare driver is involved, the legal issues become more layered because of the commercial nature of the service. Drivers using their vehicles for commercial purposes usually have more insurance coverage than a typical driver under a standard personal automobile insurance policy. Professional drivers are also held to a higher standard of care.

• When Uber/Lyft Drivers Are Considered at Fault
  As with any car accident, negligence is determined by looking at a driver’s conduct leading up to the collision. An Uber or Lyft driver could be at fault if they breach traffic regulations set forth in Nova Scotia’s Motor Vehicle Act, drive dangerously, or drive while impaired by fatigue, alcohol, or drugs.
• The Unique Legal Complexities of Rideshare Injury Claims
  Rideshare accidents can become complicated when multiple parties and multiple insurance policies are involved.

Technological factors can also play a role. GPS data, app usage logs, and driver background checks may all serve as evidence in a claim. Accessing these records can be challenging, as rideshare companies may attempt to protect proprietary information or dispute a driver’s operational status at the time of the accident.

The local legal framework, including any municipal bylaws regulating rideshare services, can further complicate how claims are assessed. Combined, these factors lead to a setting where claimants must often navigate several layers of corporate protection, multiple policies, and potential defences that do not usually surface in more traditional car accident claims.

Who Is Liable in a Rideshare Accident?

Determining liability is one of the most critical tasks following any motor vehicle collision. In rideshare accidents, the question of who bears fault for non-MSI covered medical expenses, lost wages, and property damage can be far from straightforward. Depending on the app’s status, whether passengers were on board, and how insurance policies were structured, different parties could shoulder the financial burden. Knowing who holds legal responsibility helps direct claims so that injured parties can access the compensation they need.

The Role of the Rideshare Driver’s Personal vs. Commercial Insurance

In Nova Scotia, a personal auto insurance policy typically does not cover commercial activities. This means that if an Uber or Lyft driver causes a crash while transporting a passenger or driving to pick someone up, a standard personal policy may deny coverage for any injury claims. However, in practice, many rideshare drivers begin providing services without updating their policy to include commercial usage. When a collision occurs, a coverage dispute can arise. In some instances, the personal insurer might attempt to rescind the policy or disclaim responsibility altogether, asserting that the policy did not apply to commercial driving.

When the Rideshare Company (Uber/Lyft) May Be Liable

Even though rideshare drivers are commonly designated as independent contractors, certain situations may give rise to direct or vicarious liability for the rideshare company. For instance, if it is established that Uber or Lyft failed to perform adequate background checks on a driver who had a record of reckless driving and that driver then caused a serious accident, the company could face claims for negligent hiring or negligent retention. Additionally, if the company’s app encourages or incentivizes dangerous driving practices—such as persistent notifications that distract the driver—there may be grounds to claim that the rideshare company bears some responsibility.

Liability in Multi-Vehicle Rideshare Accidents

When multiple vehicles are involved in a collision, the complexity increases. Suppose a rideshare driver, a truck driver, and a private motorist are all part of the same accident. If the rideshare driver’s negligence caused the initial impact but subsequent collisions were triggered by the truck driver following too closely, liability might be distributed among several parties. Nova Scotia’s rules for contributory negligence allow courts to allocate a percentage of fault to each negligent party. Therefore, an injured passenger in the rideshare vehicle could potentially collect damages from more than one source. This scenario underscores the necessity of investigating all angles, examining driver behaviour, mechanical issues, and environmental factors like road conditions.

Rideshare Insurance Coverage in Nova Scotia

Provincial regulations for motor vehicle operation, combined with local bylaws in Halifax, have created a framework to govern rideshare insurance coverage. Although these regulations aim to clarify coverage requirements, many uncertainties remain due to the evolving nature of the gig economy. Understanding how Nova Scotia’s Motor Vehicle Act, the Insurance Act, and other relevant statutes apply to rideshare services is key to successfully navigating a claim after an Uber or Lyft accident.

How the Motor Vehicle Act Applies to Rideshare Services

The Motor Vehicle Act governs general traffic rules, licensing requirements, and certain insurance obligations for drivers. Rideshare drivers in Halifax must hold a valid driver’s licence and maintain a vehicle that complies with safety standards. They must also adhere to posted speed limits, obey traffic signals, and follow rules regarding distracted driving and impaired driving. Any violation may form the basis of a negligence claim if it contributes to a crash.

Mandatory Commercial Insurance for Rideshare Drivers Under the Insurance Act

The Nova Scotia Insurance Act stipulates insurance requirements for all motor vehicles, including those used for commercial purposes. Rideshare drivers are generally required to carry commercial insurance or a policy that explicitly covers ridesharing, ensuring adequate coverage limits if they cause an accident while working. Nonetheless, not every driver fully discloses rideshare activity to their insurer. Some rely on personal insurance that may not extend coverage to commercial driving. This discrepancy can place an injured claimant in a precarious position if the insurer later denies a claim based on undisclosed commercial usage.

Passenger and Pedestrian Coverage in Rideshare-Related Accidents

Pedestrians, cyclists, and bystanders who suffer injuries because of a rideshare driver’s negligence have similar rights to those harmed by any negligent motorist. They can file a claim with the at-fault driver’s insurer or, if necessary, seek compensation through the rideshare company’s commercial policy. Passengers riding in an Uber or Lyft at the time of an accident also have access to coverage under that commercial policy, depending on the driver’s status on the app. In some circumstances, if multiple parties share fault, the injured pedestrian or passenger may need to file several claims to obtain full compensation.

Common Causes of Rideshare Accidents

Rideshare drivers in Halifax face a distinctive set of pressures. Some handle multiple gigs, working long hours or balancing other jobs, which can lead to fatigue. Others become so focused on the demands of the app—accepting rides promptly, following GPS instructions, and meeting rider expectations—that they inadvertently ignore safe driving practices. As a result, common causes of rideshare accidents can differ from those typically found in private-car collisions.

Distracted Driving by Rideshare Drivers

Uber and Lyft apps rely heavily on GPS navigation, passenger messaging, and fare calculation. While these functions facilitate the rideshare service, they can also tempt drivers to look at their phones while operating the vehicle. Any moment of inattention behind the wheel can cause a crash, whether the driver is reading a new ride request or glancing at route adjustments. Distracted driving violates Nova Scotia’s laws banning the use of handheld devices while driving, which can carry fines and demerit points.

Fatigue from Long Shifts and Multiple Jobs

Many rideshare drivers treat driving as a side job, logging hours after finishing their main employment. Doing so can result in insufficient rest and lack of sleep, leading to fatigue on the road. Fatigued drivers have slower reaction times, poorer judgement, and a higher risk of nodding off at the wheel. Fatigue-related accidents can be as dangerous as those involving impaired drivers. Yet, it may be more difficult to prove that fatigue was a factor without driver admission or corroborating evidence, such as phone records indicating the extended shift hours.

Reckless Driving to Maximize Fares and Earnings

Some rideshare drivers might rush to pick up additional passengers or reach surge-pricing zones in an attempt to raise their earnings. Speeding, abrupt lane changes, and aggressive manoeuvring through traffic can result. Drivers keen to accept more fares may also cut corners on breaks, failing to stretch or rest. When an Uber or Lyft driver is in a hurry, traffic signals or slower-moving vehicles can feel like obstacles to circumvent quickly, compromising safety.

Injuries Common in Rideshare Accidents

Regardless of the specific cause of a rideshare collision, the physical consequences can be substantial. Passengers have minimal control over the driving environment, and they may not even see the crash coming. Even a relatively low-speed impact can cause severe injuries, especially if seat belts are not worn correctly or if sudden movements jerk occupants forward or sideways. Understanding the types of injuries frequently associated with rideshare accidents underscores the potentially life-altering effects faced by victims.

Whiplash and Spinal Cord Injuries

Whiplash is a classic example of a soft tissue injury that may occur when a vehicle is rear-ended or stopped abruptly. The head is thrown forward and backward, stretching the neck muscles and ligaments beyond their usual range of motion. Symptoms such as neck pain, stiffness, and headaches can arise immediately or over the following days. While whiplash often resolves with time and physiotherapy, some cases lead to chronic pain and long-term immobility.

Head Trauma, Brain Injuries, and Concussions

Passengers in rideshare vehicles may strike their heads on windows, seatbacks, or other interior components during a collision. These impacts can result in concussions, skull fractures, or even traumatic brain injuries (TBIs). Concussions may present with symptoms such as dizziness, headaches, memory loss, or sensitivity to light and sound. More severe TBIs can involve seizures, prolonged unconsciousness, or permanent cognitive and physical impairments.

Broken Bones and Soft Tissue Injuries

Even relatively moderate crashes can shatter bones, especially when the driver or passenger is jammed against the steering wheel, dashboard, or side door. Typical fractures involve the collarbone, wrist, arm, or leg. Still, more severe accidents can result in pelvic, spinal, or rib fractures. Broken bones may require surgery, immobilization in casts, or extensive physical therapy to regain range of motion. Pain and mobility restrictions can keep an individual off work for prolonged periods.

Compensation for Injured Rideshare Passengers

When a rideshare passenger is injured in a collision, the financial ramifications can be significant. Nova Scotia’s laws allow injured individuals to pursue different types of damages, reflecting both economic and non-economic losses. These may include direct expenses like physio and massage therapy bills or lost wages, as well as intangible harms such as diminished earning capacity and diminished quality of life. Understanding the broad categories of compensation can help injured passengers and their families evaluate whether an insurer’s settlement offer is fair.

Medical Coverage and Rehabilitation Benefits

Injured rideshare passengers typically require immediate medical attention, including ambulance transportation, emergency department evaluations, and possibly surgeries. Likely, in Nova Scotia most of these costs are covered by MSI, our public health insurance provider. However, after initial treatment, these costs can climb rapidly, especially if specialized care is needed, such as physiotherapy, chiropractic visits, or counselling for psychological trauma, which are not covered by MSI. Nova Scotia’s standard auto insurance policy contains Section B no-fault accident benefits that can help with some of these expenses, but serious injuries frequently exceed those no-fault policy limits.

Compensation for Lost Wages and Future Income Loss

After a significant rideshare accident, an injured passenger might be unable to return to work for weeks or months—if ever. Lost wages during recovery and potential reductions in future earning capacity are compensable under Nova Scotia law if the plaintiff can establish that the injuries prevent gainful employment. For instance, a severe spinal injury could force someone to leave a physically demanding job, resulting in diminished income or the need for retraining.

Loss of Housekeeping and other Valuable services

Compensation is available to offset the inability of an injured person to do the things they normally would around the home, such as cleaning, laundry, grocery shopping, home repair, and ground maintenance. The cost of replacement services is often used as a measure of the loss.

Pain and Suffering Damages

Pain and suffering damages recognize the physical discomfort, mental anguish, and loss of enjoyment of life that follow from an injury. These are considered non-pecuniary damages, meaning they do not correspond directly to a bill or receipt. Instead, they reflect how drastically an accident has reduced someone’s quality of life. Courts in Nova Scotia and other Canadian jurisdictions sometimes apply guidelines or caps to general damages for pain and suffering, especially where injuries fall under the “minor injury” category. However, a severe or permanent disability generally justifies more substantial awards.

Filing a Claim After a Rideshare Accident

Taking immediate and measured steps after any car accident can protect one’s health and legal interests, but the urgency is magnified when dealing with a rideshare collision. Interactions with insurance companies, rideshare platforms, and medical providers need to be carefully managed to ensure that the injured passenger is not short-changed.

Steps to Take Immediately After an Accident

Safety and medical care should be paramount. If possible, calling emergency services from the scene is crucial. A police report can capture preliminary facts about the collision, including statements from the rideshare driver, other motorists, and witnesses. Gathering contact information, pictures of vehicle damage, and details about the surrounding conditions can also prove beneficial later.

How to Report the Accident to Uber or Lyft

Rideshare companies typically require drivers to submit incident reports, but passengers can also contact customer service through the app or by phone. Reporting the accident puts Uber or Lyft on notice that a claim may arise, prompting them to open an internal investigation. The rideshare company may request passenger statements or medical updates. However, it is essential to remember that the company’s primary goal is to limit liability, so any statements made should be cautious and factual.

Why Rideshare Companies May Deny Liability

Rideshare companies often argue that they merely connect drivers with passengers, functioning as a technology platform rather than a transportation provider. They cite the independent contractor status of drivers, contending that these individuals control their schedules and vehicles, thus mitigating corporate responsibility. Additionally, if the driver’s app was off or the driver had not accepted a ride request, Uber or Lyft may claim that their insurance coverage does not apply.

Challenges in Rideshare Accident Cases

Rideshare accident cases demand a thorough understanding of provincial regulations, insurance law, and the contractual relationships between companies and drivers. Injured passengers, other motorists, or pedestrians may encounter roadblocks ranging from unclear insurance coverage to corporate strategies that aim to deflect liability. Anticipating these hurdles can help claimants and their legal advisers effectively navigate the claims process.

Rideshare Companies Disputing Driver Status (Independent Contractor vs. Employee)

One of the biggest barriers to holding Uber or Lyft directly liable is that their drivers are classified as independent contractors rather than employees. This designation relieves the company from certain obligations, such as providing workers’ compensation or guaranteeing minimum wage. It can also limit vicarious liability when a driver causes an accident. While some jurisdictions have challenged these classifications, Nova Scotia law has yet to treat rideshare drivers as employees definitively. Consequently, a claimant may struggle to prove that the company is fully responsible for the driver’s negligent actions.

Complications with Multiple Insurance Policies

Rideshare accidents often involve multiple layers of coverage. The driver might hold a personal policy and a rideshare endorsement, while Uber or Lyft carries a separate commercial policy. If other drivers were involved, their insurers might also come into play. Sorting through policy terms, coverage limits, and the timing of coverage triggers can become a major undertaking. For example, an insurer might claim that coverage is secondary to another carrier, creating a stalemate where each insurer points to another as primarily liable.

Delays and Denials from Insurers

As with many personal injury cases, obtaining a fair settlement after a rideshare accident can be time-consuming. Insurance adjusters may question the severity of injuries, request extensive documentation, or hold up negotiations. Some insurers rely on tactics designed to wear down claimants, such as offering a quick but inadequate settlement in the early stages or stalling to push injured parties to accept less than they deserve. In high-value claims involving long-term disabilities or catastrophic injuries, these delays can be especially damaging, as claimants need funds to pay for medical treatments and daily living expenses.

Ultimately, those injured in rideshare collisions face a distinctive legal terrain. Liability disputes, multiple insurance policies, and corporate defences can all combine to make the path to fair compensation more difficult than in typical car accidents. Individuals injured in Halifax or anywhere in Nova Scotia may improve their chances of securing adequate damages by promptly seeking medical care, thoroughly documenting expenses, and consulting legal professionals experienced in rideshare accident cases. By understanding the complexities around fault, coverage, and the unique relationships between rideshare companies and their drivers, claimants stand a better chance of receiving full and fair compensation for their losses.

Start Your Claim Today – Schedule A Free Consultation With Our Rideshare Accident Lawyers Now

Have you been injured in a rideshare accident that was someone else’s fault? If so, it’s crucial to act quickly to protect your right to compensation. Start your claim today by seeking legal representation from the experienced team of Rideshare Accident Lawyers at McKiggan Hebert Lawyers right away.

Our lawyers have the knowledge, skills, and resources needed to help you win compensation for your injuries. Whether you’re facing mounting physiotherapy and other treatment bills or lost wages, let us handle the legal complexities on your behalf. Start your claim today. Schedule a free consultation with our team today by calling (902) 706-2298 or completing the form on this website. We are ready to fight for you.