In cases of rideshare or taxicab accidents, understanding negligence is important when trying to prove who is at fault for an accident. Negligence refers to the failure to show the level of care that a reasonable person would in a similar situation.
Exploring how people determine negligence in these accidents is the first step to knowing what to do next.
Duty of care
App-based ridesharing services are responsible for a 3% increase in fatal accidents over the years. With this in mind, the first step in evaluating negligence is establishing the duty of care.
Drivers of rideshare vehicles and taxicabs have a responsibility to make sure their passengers and other road users are safe. They must follow traffic laws, drive responsibly and focus on the well-being of their passengers.
Breach of duty
Negligence happens if the driver breaches their duty of care. This could involve actions like speeding, running red lights or driving under the influence. If a driver’s behavior is not what a reasonable and cautious driver would do, they might be negligent.
To prove negligence, it is important to connect the driver’s breach of duty and the accident. If the driver’s actions directly lead to the accident and resulting damages, there is causation.
Foreseeability is about predicting the potential consequences of one’s actions. In rideshare and taxicab accidents, it involves considering whether a reasonable driver could have known that the harm that happened due to their actions. If the harm was foreseeable, it strengthens the argument for negligence.
Determining negligence requires getting evidence such as statements from people who saw the crash, photographs of the accident scene and any available video footage. This evidence helps establish the sequence of events and the actions of the driver.
As rideshare services contribute to a rise in fatal accidents, it’s imperative for people to be well-informed about these issues so they can protect themselves both before and after an accident.