Author: Mike Guluzian

Ordering an Uber or Lyft has become one of the most popular ways to travel from one place to another, so it should not be shocking that accidents among rideshare drivers have become an issue. In fact, a study conducted by professors at the University of Chicago and Rice University determined that the launch of ride-sharing platforms, such as Uber or Lyft, in a new city is associated with a 2-3% increase in the number of fatal accidents and motor vehicle fatalities. Additionally, some research shows that rideshare drivers are also contributing to increased congestion on the roads, which in turn contributes to a higher rate of collisions because of the increased number of cars on the road. So, before you schedule your next ride, here is some information to keep you informed in the event that the rideshare vehicle you are traveling in is involved in an accident.

What should I do if the Uber or Lyft vehicle I am riding in is involved in an accident?

First, as with any motor vehicle collision, make sure that all involved parties are safe and notify law enforcement and medical personnel, but you should also contact the rideshare company and report the incident.

Second, if it is safe to do so, take photos of the scene. Photos should include all the vehicles involved in the collision including the Uber or Lyft vehicle. Also, be sure to check for traffic or security cameras surrounding the area of the collision. Video documentation provides additional evidence that will support your claim.

Third, you should collect contact information for the driver of your vehicle, other passengers if it is a pool-share ride, and the driver of the other involved vehicle(s).

As always, you can refer to our evidence collection blogs to determine what other information should be collected at the scene.

How do Uber and Lyft Insurance Policies Work?

Both Uber and Lyft carry an insurance policy for personal injury, property damage, and death that is caused by their drivers during an active ride. An “active ride” usually begins from the time the ride is requested until it is cleared when the passenger is dropped off at their location. This policy can cover damages including your injuries, the past and future costs of medical treatment for injuries, lost income due to injury, and past and future physical or mental pain and suffering.

• It should also be noted that the coverage for both Uber and Lyft is based upon the driver’s activities at the time of the accident, which means that coverage may not be available on a particular accident and may revert to the driver’s personal insurance policy. Below are examples of Uber and Lyft policies regarding coverage:
• Uber and Lyft are not liable for any accidents that occur when drivers are not working.
• If an Uber or Lyft driver has their app on and can work, both the Uber or Lyft policy and the driver’s insurance policy will go into effect should a collision occur.
• If a passenger is in an Uber or Lyft driver’s vehicle and a collision does occur it will be covered by the rideshare company’s insurance policy.

As you can see, being involved in a collision while in a rideshare vehicle is a very complicated issue and requires the guidance of an experienced personal injury attorney to speak with the insurance company, and, if necessary, the court on your behalf. If you were the passenger in an Uber or Lyft motor vehicle collision, the attorneys at Plymale Partnership at 614-542-0220 so we can help you get the compensation that you deserve.

If you are a participant in a personal injury law suit many times you will be asked to give a deposition to document your testimony in the matter. Although it may sound intimidating, a deposition is your opportunity to tell your side of the story and demonstrate to the defendant and the insurance company that your claim deserves just compensation. Below we will discuss the basics of a deposition and how to best represent yourself during the process.

What Is A Deposition

A deposition is a formal legal process in which your testimony in a matter will be taken through the asking and answering of questions. During the deposition you are under oath and all the information you provide will be recorded in a written format that can be used in a later court proceeding. Normally, the deposition takes place in a conference room in either your attorney or the defense attorney’s office, however, due to Covid-19 many depositions are taking place over video conference software to keep all parties safe.

Who Is There and How Long Will It Take?

Once you are at the deposition you will notice at least two additional people in the room besides yourself and your attorney. These people are typically the defendant’s attorney who is there on behalf of the insurance company as well as the court reporter who transcribes everything that is said on the record during the deposition. There is no set amount of time for a deposition to take place, but the average deposition will take a couple of hours.

What Types of Questions Will Be Asked?

Depositions cover a wide range of information and your attorney will prepare you for these questions prior to the actual event; however, below are the most common areas covered:

• Background Information (Name, Address, Education)
• Facts of the Accident (How & Where it Occurred, Who Was Involved)
• Your Injuries That Are A Result of The Accident
• Your Medical Treatment
• Prior Medical History
• How Your Life Has Been Impacted by The Accident
• Lost Wages or Employment
• Your Current Condition

How Do I Answer the Questions Being Asked?

First, while it may seem obvious, the most important thing you should remember is to tell the truth. You are under oath during a deposition and intentionally not telling the truth is the crime of perjury. Just as important, answering questions truthfully is the only way that you can guarantee that you will not be misrepresented in the future. Secondly, before answering any question that is presented to you, make sure you take a moment to make sure you understand the question that is being asked. If you do not understand the question or are confused, you need to make that clear to the opposing attorney. Simply tell the attorney that you do not understand the question and ask them to repeat or rephrase the question until you do understand. Third, when answering questions, you should give short and direct answers to the questions. Remember, a deposition is considered direct testimony and anything that you say can be used against you in the future. Thus, the best answer is the answer that fully and succinctly answers the questions that was asked. Finally, remember to remain calm. Do not allow yourself to become upset or frustrated with the defendant’s attorney. While the purpose of a deposition is to obtain information it is also a chance for all of the parties to see how well you would testify as a witness in trial. Your attorney is present at the deposition to protect your interests and if they feel there is something inappropriate happening, they will step in and take care of the situation.

If you have additional questions regarding depositions or are in need of a personal injury attorney, please contact our office at 614.542.0220.

If you have been injured in a store, on someone else’s property, or even your own property, it can be a frightening experience.  However, it is important that you stop, gather yourself, and make sure that you collect the proper evidence to help support your claim and, if necessary, a lawsuit.

When you have been injured by an object in a store, or from a slip or fall, there is no dedicated line to call for someone to come out and investigate the situation.  Therefore, the evidence collection often falls on you, or a friend or family member you call upon to help you.  In these types of incidents, early evidence collection can be the difference between a successful or unsuccessful injury claim or lawsuit.  To avoid that situation, our office recommends that you take the following steps to protect yourself:

• If it is safe to do so, take photographs or video of the area around where the incident took place, specifically what caused the incident (i.e., what you fell on, what cut or injured you, etc.).  In these types of incidents, the surrounding area is incredibly important and should be completely documented to the best of your ability. 

• If you have been injured in a business, once you have documented what caused the incident, move to a safe location, and ask to speak with manager or safety personnel to complete an incident report. If you have been injured on someone else’s property, then, after documenting what caused the incident, step away from the situation, and take the time to write down what has happened.  When creating an incident report be sure to include the following information:
  • Date, time, and location of the incident
  • Names of everyone involved, including witnesses
  • Events that led up to the incident
  • Environmental conditions (sun, rain, snow, etc.)
  • Circumstances of the slip or fall
  • Specific injuries
  • Damage to equipment or area
  • Request that all video footage be collected and saved in anticipation for a possible claim

• While at the scene, take pictures of any visible bruising or other injuries as well as any marks or rips to your clothing. If you have fallen, you should also make sure to photograph the entire outfit you were wearing that day.

• Take the time to look around the general area of the incident and determine if any businesses or homes in the area may have cameras that could have captured the slip or fall. Business or residential cameras usually only retain recordings for 24-72 hours, so if you have been injured in a business, it is important to speak with manager or safety personnel to gather those tapes before the footage is destroyed. If you are having issues gathering the video documentation, it may be in your best interest to involve an attorney quickly because video documentation can be the deciding factor if there is a dispute as to the cause of the fall.
  
  
• If there are witnesses to the incident, attempt to get their contact information, including their name and phone number, as well as a brief account of what they saw. Independent witnesses can provide additional credibility to your claim and can be used to help your case if necessary.

If you are transported from the scene via ambulance, you will have to rely on the business or property owner accurately documenting all the information and then potentially creating an incident report that may reflect their best interests rather than yours. However, to protect yourself, you may want to return to the scene after you are released or send a friend or family member to safely document the above information if possible.

Although collecting the information discussed may seem exhausting, having as much information about the incident as possible will allow insurance companies or attorneys to evaluate your claim and/or lawsuit more accurately. Once you have collected the evidence, your next step should be contacting a personal injury attorney that will use that information to protect your interests and provide you with the compensation that you deserve. If you have been injured in a slip or fall and would like to work with the attorneys at Plymale Partnership, please fill out the contact form on this page or call us at 614-542-0220.

If you have been injured in a store, on someone else’s property, or even your own property, it can be a frightening experience.  However, it is important that you stop, gather yourself, and make sure that you collect the proper evidence to help support your claim and, if necessary, a lawsuit.

When you have been injured by an object in a store, or from a slip or fall, there is no dedicated line to call for someone to come out and investigate the situation.  Therefore, the evidence collection often falls on you, or a friend or family member you call upon to help you.  In these types of incidents, early evidence collection can be the difference between a successful or unsuccessful injury claim or lawsuit.  To avoid that situation, our office recommends that you take the following steps to protect yourself:

• If it is safe to do so, take photographs or video of the area around where the incident took place, specifically what caused the incident (i.e., what you fell on, what cut or injured you, etc.).  In these types of incidents, the surrounding area is incredibly important and should be completely documented to the best of your ability. 

• If you have been injured in a business, once you have documented what caused the incident, move to a safe location, and ask to speak with manager or safety personnel to complete an incident report. If you have been injured on someone else’s property, then, after documenting what caused the incident, step away from the situation, and take the time to write down what has happened.  When creating an incident report be sure to include the following information:
  • Date, time, and location of the incident
  • Names of everyone involved, including witnesses
  • Events that led up to the incident
  • Environmental conditions (sun, rain, snow, etc.)
  • Circumstances of the slip or fall
  • Specific injuries
  • Damage to equipment or area
  • Request that all video footage be collected and saved in anticipation for a possible claim

• While at the scene, take pictures of any visible bruising or other injuries as well as any marks or rips to your clothing. If you have fallen, you should also make sure to photograph the entire outfit you were wearing that day.

• Take the time to look around the general area of the incident and determine if any businesses or homes in the area may have cameras that could have captured the slip or fall. Business or residential cameras usually only retain recordings for 24-72 hours, so if you have been injured in a business, it is important to speak with manager or safety personnel to gather those tapes before the footage is destroyed. If you are having issues gathering the video documentation, it may be in your best interest to involve an attorney quickly because video documentation can be the deciding factor if there is a dispute as to the cause of the fall.
  
  
• If there are witnesses to the incident, attempt to get their contact information, including their name and phone number, as well as a brief account of what they saw. Independent witnesses can provide additional credibility to your claim and can be used to help your case if necessary.

If you are transported from the scene via ambulance, you will have to rely on the business or property owner accurately documenting all the information and then potentially creating an incident report that may reflect their best interests rather than yours. However, to protect yourself, you may want to return to the scene after you are released or send a friend or family member to safely document the above information if possible.

Although collecting the information discussed may seem exhausting, having as much information about the incident as possible will allow insurance companies or attorneys to evaluate your claim and/or lawsuit more accurately. Once you have collected the evidence, your next step should be contacting a personal injury attorney that will use that information to protect your interests and provide you with the compensation that you deserve. If you have been injured in a slip or fall and would like to work with the attorneys at Plymale Partnership, please fill out the contact form on this page or call us at 614-542-0220.

Determining fault (liability, negligence) in a motor vehicle accident may seem like a cut and dry situation because the person that caused the accident is normally assumed to be the negligent party. However, many times it can be extremely difficult to determine the at fault party. To complicate matters further, there are multiple entities such as law enforcement, insurance companies and the court system that all must make their own determination as to whom is responsible for the accident. Below we will examine how each entity determines fault in a motor vehicle collision.

Normally, the first interaction you have besides gathering information from the other party involved in the collision is with law enforcement. The police officer at the scene will interview both the drivers and witnesses and survey the scene until they believe that they have gathered enough information to determine fault. Once the officer has completed this process, they will then decide who is the responsible party and submit a police report. However, just because the police officer has concluded which party is at fault, it does not necessarily mean that the other driver will be held legally responsible for damages caused by the collision.

At some point after the collision, you will be in contact with your own insurance company or possibly the other driver’s insurance company. It is important to remember that no insurance company, even your own, is ever truly looking out for your best interest. So, always be aware that anything you tell an insurance company that is not helpful to your claim, can and will be used against you. After speaking to all the parties involved in the collision, the insurance companies will determine who was at fault for the accident. When it comes to fault determination usually it is decided that one party or the other will be determined to be at fault, however, this is not always the case. Sometimes insurance companies will assign fault among some or all the drivers involved in the collision including you. Thus, if the other party caused the collision, you must clearly and consistently relay that information to the insurance company and never waver from that fact.

At any point during the determination of fault process it may be necessary to hire an attorney. As a rule, the earlier you involve an attorney, the better protected your rights will be throughout the process as they will be able to guild you through the traps and pitfalls that arise. For example, if you hire an attorney after fault has been determined by the insurance company, the attorney may contact the insurance company and discuss how they arrived at their liability decision as well as adding any statements or other evidence they have obtained in support of your position. Your attorney is there to represent your interests and present evidence that supports your position when it comes to all aspects of your claim including fault determination.

It is important to remember that police reports and insurance companies’ decisions as to fault ARE NOT legally binding determinations of negligence or fault. Only the court can make the final and legal determination of fault in a collision. Ultimately, if an agreement cannot be reached as to whom is at fault for a collision it will be up to a judge or jury to make that determination.

If you have been injured in a motor vehicle accident and are going through this process, it may be time to speak with a qualified attorney. An experienced personal injury attorney will not only be able to protect your rights but will also be there to help and guide you through the claims process as well as any litigation or a trial concerning the collision.