After being injured in a rideshare accident involving Uber, Lyft, or another transportation network company vehicle, you face legal challenges that differ from standard car accident claims. Rideshare accidents present complex insurance coverage questions, multiple potentially liable parties, and specialized liability rules that require experienced legal guidance. At Turbak Law Office, P.C., we understand rideshare accident law in South Dakota and help injured passengers, drivers, and third parties recover the compensation they deserve. Our plaintiff-focused approach means we never represent insurance companies or defendants—we work exclusively for injured individuals seeking justice and fair recovery.
Understanding Rideshare Accident Liability in South Dakota
Rideshare accidents involve unique liability issues because drivers usually work as independent contractors, not company employees. As a result, that status can change who is legally responsible. In turn, it can also affect which insurance policy applies to your claim.
South Dakota follows a modified comparative negligence standard under SDCL 20-9-2. As a result, you may recover damages even if you share fault for the accident. However, your negligence must be slight when compared to the defendant’s negligence. Even then, your damages are reduced based on your percentage of fault. In rideshare accidents, fault often takes closer review. For example, it may involve driver conduct, vehicle maintenance, third-party actions, and the crash circumstances.
Transportation Network Companies (TNCs) like Uber and Lyft operate under state regulations that establish insurance requirements and define the scope of TNC liability for driver actions. While drivers are classified as independent contractors in most states, this does not eliminate TNC liability. State laws typically allow injured parties to pursue claims against TNCs for failure to meet statutory duties or direct negligence. Liability may attach to the rideshare driver, the TNC company under certain circumstances, third-party drivers, or a combination of these parties, depending on the accident’s facts. Our team investigates all potential sources of liability to maximize your recovery.
Rideshare Insurance Coverage
Understanding rideshare insurance coverage is critical to your claim’s success. Uber and Lyft maintain a three-tier insurance coverage system in South Dakota that determines which policy applies based on the driver’s status at the time of the accident.
Tier 1 Coverage applies when the rideshare app is ON, but the driver is waiting for a ride request and has not yet accepted a trip. During this period, Uber or Lyft provides coverage of $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage. When the app is completely OFF, no Uber or Lyft insurance coverage applies. This coverage is typically limited and may not adequately compensate injured parties.
Tier 2 Coverage activates when the driver has accepted a ride request and is en route to pick up the passenger, but has not yet arrived. The TNC provides coverage of $50,000 per person for bodily injury, $100,000 per accident for bodily injury, and $25,000 for property damage.
Tier 3 Coverage provides the highest protection and applies when a passenger is in the vehicle. Tier 3 coverage begins when the passenger enters the vehicle and ends when the passenger exits. Coverage limits are $1,000,000 per person for bodily injury, $1,000,000 per accident for bodily injury, and $25,000 for property damage. (Note: The period when the driver is en route to pick up a passenger after accepting the request is covered under Tier 2.)
Coverage gaps exist between these tiers, and disputes frequently arise regarding which policy should cover your claim. Insurance companies may dispute the driver’s status at the time of the accident or argue that personal insurance should apply rather than TNC coverage. These disputes can delay your recovery significantly. Our attorneys handle insurance coverage disputes and fight to ensure the appropriate policy covers your claim.
Types of Rideshare Accidents We Handle
Rideshare accidents take many forms, each presenting distinct legal and factual challenges. We represent passengers injured while riding in rideshare vehicles, rideshare drivers injured in accidents while working, and third-party drivers or pedestrians struck by rideshare vehicles.
Passenger injuries represent the most common rideshare accident claims. Passengers may suffer injuries from driver negligence, such as distracted driving, speeding, reckless lane changes, or failure to maintain the vehicle. Third-party negligence also causes passenger injuries when other drivers collide with the rideshare vehicle.
Rideshare drivers themselves may be injured in accidents while working. Driver injury claims involve unique considerations regarding workers’ compensation eligibility and whether the driver can pursue a personal injury claim against the at-fault party.
Third-party claims arise when a rideshare vehicle strikes another vehicle, pedestrian, or cyclist. These claims may involve disputes regarding the rideshare driver’s negligence and the TNC company’s potential liability. Pedestrian accidents involving rideshare vehicles require specialized investigation and evidence preservation.
Multi-vehicle collisions, hit-and-run accidents, and accidents caused by vehicle defects also fall within our experience. Regardless of the accident type, our Watertown car accident attorneys thoroughly investigate all circumstances to identify liable parties and applicable insurance coverage.
Proving Liability and Damages in Rideshare Accident Claims
Establishing liability in rideshare accidents requires proving four elements: the defendant owed you a duty of care, the defendant breached that duty, the breach caused your injuries, and you suffered quantifiable damages.
Rideshare drivers owe passengers a duty to operate their vehicles safely and maintain their vehicles in safe condition. Third-party drivers owe similar duties to all other road users. Proving breach requires demonstrating that the defendant’s conduct fell below the standard of reasonable care that would be expected in similar circumstances.
Evidence critical to rideshare accident claims includes rideshare app data and GPS records showing the driver’s location and status at the time of the crash. In addition, it may include the driver’s background and safety records, as well as vehicle maintenance records. Also, witness statements from passengers or other drivers can help support your account. Likewise, police crash reports often provide key facts about what happened. Moreover, medical records document your injuries and connect them to the collision. Ultimately, expert testimony from accident reconstruction specialists or medical experts can help clarify fault and damages.
Turbak Law Office employs forensic investigation techniques to uncover evidence that supports your claim. Our investigator, Nic Ahmann, brings 13 years of law enforcement experience and proficiency in electronic evidence analysis. This forensic capability allows us to recover and analyze rideshare app data, vehicle telematics, and other electronic evidence that proves liability. Early evidence preservation is critical because rideshare companies may delete app data, video footage, and driver records within days or weeks of an accident. We act immediately to preserve all evidence that supports your claim and protects your legal rights.
Damages in rideshare accident cases include medical expenses for emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment. You can recover lost wages for time away from work and lost earning capacity if your injuries prevent you from returning to your previous employment. Pain and suffering compensation addresses physical pain, emotional distress, and diminished quality of life resulting from your injuries. Property damage covers vehicle repair or replacement costs. In cases involving gross negligence or reckless conduct, punitive damages may be available to punish the defendant and deter similar conduct. Our attorneys carefully calculate all available damages to ensure you receive full compensation for your losses.
Why Rideshare Accident Claims Are More Complex
Rideshare accident claims present challenges that standard car accident claims do not. Multiple parties may bear liability, including the rideshare driver, the TNC company, third-party drivers, and potentially vehicle manufacturers if defects contributed to the accident.
Insurance coverage disputes often arise because the driver’s status at the time of the crash affects which policy applies. As a result, insurers may argue over whether the driver was carrying a passenger, heading to pick up a passenger, or waiting for a ride request. In turn, that status can decide whether coverage is $25,000 or $1,000,000.
TNC companies operate under state law provisions that establish their liability for driver actions. However, these provisions do not eliminate all potential liability. Establishing TNC company liability requires careful legal analysis and often involves arguments regarding the company’s duty to screen drivers, maintain vehicles, and implement safety measures.
Obtaining cooperation from rideshare companies presents additional challenges. TNCs may be slow to provide necessary documentation, app data, and driver information. Time-sensitive evidence, such as video footage and app data, may be deleted or become unavailable if not preserved promptly. These factors make early legal intervention critical to protecting your rights.
Turbak Law Office, P.C. manages this complexity through systematic investigation, aggressive evidence preservation, and experienced negotiation with insurance companies and rideshare companies. Our plaintiff-only focus means we dedicate our resources entirely to advancing your interests, free from conflicts of interest.
Contact a Watertown Rideshare Accident Attorney Today
If you have been injured in a rideshare accident in Watertown or anywhere in South Dakota, contact Turbak Law Office, P.C. for a free consultation. We evaluate your case at no cost and work on a no recovery, no fee basis, meaning you pay nothing unless we recover compensation for you.
Our team, led by Nancy Turbak Berry and her partners Seamus and Liam Culhane, brings decades of combined experience in personal injury law, insurance disputes, and complex accident litigation. Nancy Turbak Berry holds the South Dakota record for the largest personal injury jury verdict and is recognized as a Fellow of the American College of Trial Lawyers. We are committed to holding rideshare companies and negligent drivers accountable for the injuries they cause and have recovered millions of dollars for injured clients through settlements and jury verdicts.
Time is critical in rideshare accident cases. Evidence preservation, insurance claim deadlines, and the statute of limitations all require prompt action. Do not delay—contact us immediately after your accident to protect your legal rights and ensure all evidence is preserved.
Call us today at 605-886-8361 or contact us online to schedule your free consultation. Our office is located at 26 S. Broadway, Suite 100, Watertown, SD 57201.
FAQs
What should I do immediately after a rideshare accident?
Call 911 if anyone has been injured. Document the accident scene with photographs and video if it is safe to do so. Obtain the rideshare driver’s name, contact information, and driver’s license number. Request the names and contact information of any witnesses. Ask the responding police officer for the accident report number and contact information. Contact Turbak Law Office, P.C. as soon as possible to protect your legal rights and preserve critical evidence.
How long do I have to file a rideshare accident claim in South Dakota?
South Dakota law provides a three-year statute of limitations for personal injury claims under SDCL 15-2-14. This means you have three years from the date of the accident to file a lawsuit. However, do not delay in contacting an attorney. Insurance claim deadlines may be shorter than the statute of limitations, and evidence preservation becomes more difficult as time passes. Witness memories fade, video footage may be deleted, and rideshare app data may become unavailable. Turbak Law Office recommends contacting us immediately after your accident to ensure your rights are protected.
Can I sue Uber or Lyft directly?
Liability depends on the specific circumstances of your accident and the rideshare company’s conduct. State law establishes the scope of TNC liability for driver actions, but this does not eliminate all potential liability. You may pursue claims against the rideshare company if the company failed to screen the driver properly, failed to maintain the vehicle, or engaged in other negligent conduct. Our attorneys evaluate all potential defendants and pursue claims against every party bearing responsibility for your injuries.
What if the rideshare driver was at fault?
If the rideshare driver’s negligence caused the accident, the driver bears liability for your injuries. The applicable rideshare insurance coverage (Tier 2 or Tier 3, depending on the driver’s status) should cover your claim. In cases involving gross negligence or reckless conduct, you may also pursue punitive damages to punish the driver and deter similar conduct. Turbak Law Office, P.C. aggressively pursues driver negligence claims and fights for maximum compensation.
What if I was partially at fault for the accident?
South Dakota’s modified comparative negligence law, SDCL 20-9-2, may allow recovery even if you share fault. However, your negligence must be slight when compared with the defendant’s negligence. Even so, your fault percentage still reduces the amount you can recover. For example, if you are 20% at fault on $100,000, you could recover $80,000. On the other hand, if your negligence is gross, you may be barred from recovery. In other words, gross means your negligence is not slight compared with the defendant’s negligence. Because fault matters, Turbak Law Office fights to lower your assigned percentage and increase your recovery.
How much is my rideshare accident claim worth?
Your claim’s value depends on your injury severity, medical expenses, lost wages, pain and suffering, and other factors. For that reason, Turbak Law Office reviews every damage category and gives you a detailed estimate during your free consultation. In addition, we have recovered millions for injured clients through settlements and jury verdicts. Also, you pay no upfront costs or fees because we work on a no recovery, no fee basis.