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Rideshare Accident

rideshare drive shown as viewed from the back seat

What If Your Uber or Lyft Is in a Hit-and-Run?

By Car Accident, Personal Injury, Rideshare Accident

Understanding Rideshare Hit-and-Run Accidents

Rideshare services like Uber and Lyft have grown rapidly, with more than 180 million passengers in the U.S. in 2024 using these platforms. Unfortunately, some rideshare trips end in accidents, and in some cases, the other driver may flee the scene. A rideshare hit-and-run accident occurs when your Uber or Lyft is struck by another driver who leaves without identifying themselves.

Hit-and-run crashes can leave passengers and drivers with serious injuries and uncertainty about how to recover damages.

How Uninsured Motorist Coverage Works

Uninsured motorist (UM) coverage is designed to protect you if an at-fault driver does not have insurance or cannot be located. In rideshare situations, coverage can be complicated because both the rideshare company’s insurance and the driver’s personal policies may apply depending on whether the driver was:

  • Offline or waiting for a ride request: The driver’s personal auto insurance typically applies.

  • En route to pick up a passenger: The rideshare company provides limited liability coverage.

  • With a passenger in the car: The rideshare company usually provides higher liability coverage, and uninsured motorist coverage may also be available.

UM coverage can help pay for medical bills, lost wages, and pain and suffering if the at-fault driver is unknown or uninsured.

Challenges in Rideshare Hit-and-Run Claims

Some factors that make these cases complex include:

  • Identifying the at-fault driver: Without a license plate or witnesses, tracking the responsible party can be difficult.

  • Coordinating multiple insurance policies: Passengers may need to work with both the driver’s personal insurance and the rideshare company’s insurance.

  • State laws: California and Arizona have different uninsured motorist coverage rules.

In California, rideshare companies must provide liability coverage while the driver is online, and UM coverage may extend to passengers. In Arizona, uninsured motorist coverage also applies, but policy limits and coordination with the driver’s insurance can vary.

Steps to Take After a Rideshare Hit-and-Run

  1. Seek medical attention immediately and document your injuries.

  2. Report the accident to local law enforcement to create an official record.

  3. Notify the rideshare company so they can activate their insurance protocols.

  4. Keep all evidence, including photos, ride receipts, and witness contact information.

  5. Contact a rideshare accident attorney to ensure your uninsured motorist coverage and other options are properly pursued.

Why Hire Fielding Law

Rideshare hit-and-run accidents involve multiple parties and insurance policies, making recovery complicated. At Fielding Law, we have experience navigating these cases in both California and Arizona. We work closely with medical providers and insurance companies to maximize your recovery under uninsured motorist coverage.

We treat clients with care, clarity, and professionalism, helping you focus on healing while we handle the legal complexities. If you were injured in a rideshare hit-and-run accident, call 833.88.SHARK today for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

October 28, 2025
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person looking at Uber app in phone

Uber’s Contingency Fee Cap Proposal in California

By Personal Injury, Rideshare Accident

What Is Uber’s Contingency Fee Cap Initiative?

Uber is supporting a proposed law in California that would limit how much attorneys can collect in contingency fees when representing clients in injury cases. A contingency fee allows someone to hire a lawyer without paying upfront. The lawyer only gets paid if the case is successful.

Uber is presenting this proposal as a way to “help victims keep more of their settlements.” While that may sound helpful, the measure is written in a misleading way. The real result could make it harder for accident victims to find legal help at all.

Why the Proposal Is Misleading

The idea of a “cap” might sound fair, but it leaves out important facts.

  • Fewer Lawyers Could Take Cases
    Personal injury cases are expensive to handle. Attorneys often pay upfront for experts, records, and investigations. If the fee is capped too low, many lawyers will not be able to take on complex or high-risk cases.

  • Victims Could End Up With Less
    Uber says this proposal would give victims more of their settlement, but if fewer lawyers are available, many victims may never get a settlement in the first place.

  • Corporations Benefit Most
    Large companies like Uber stand to gain the most. If fewer lawsuits are filed, these companies will face less pressure to improve safety or take responsibility for harm caused by their drivers or policies.

What This Means for Accident Victims

If this proposal becomes law, it could make it harder for injured people to hold Uber or its drivers accountable after a crash.

  • Access to Justice Could Shrink
    Many victims rely on contingency fee arrangements because they cannot afford to pay hourly legal fees. A fee cap would limit access to skilled attorneys, especially for those with serious injuries or complicated claims.

  • Settlements Could Be Smaller
    When fewer lawyers are available, insurance companies and large corporations have more control. Victims may feel pressured to accept smaller settlements just to move forward.

  • Rideshare Accidents Could Be Impacted the Most
    Uber accident claims are already complex. Determining fault, dealing with multiple insurance companies, and proving damages often take months of work. A fee cap would make these types of cases even harder to pursue.

How This Could Affect Uber Riders

Even riders who have never been in an accident could feel the effects.

  • Less Accountability for Safety
    If Uber faces fewer lawsuits, there is less motivation to maintain strict safety policies or properly vet drivers.

  • Reduced Insurance Coverage
    Recent changes have already lowered the insurance coverage Uber provides in California for certain accidents. This means riders could receive less compensation if injured.

  • More Risk on the Public
    When victims cannot recover from the company at fault, the cost often shifts to the victim’s own insurance or public health programs.

Why Hire Fielding Law

At Fielding Law, we believe accident victims deserve fairness and access to justice. Limiting attorney fees might sound like it helps victims, but in reality, it helps large corporations avoid responsibility.

Our team has the experience, compassion, and determination to stand up for injured people and ensure they have a voice against powerful companies. If you or a loved one has been injured in an Uber accident or by a rideshare driver, we are here to help.

Call 833.88.SHARK to speak with a trusted personal injury attorney today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

October 17, 2025
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Waymo autonomous vehicle on a road

What to Know About Waymo Insurance

By Car Accident, Personal Injury, Rideshare Accident

What is Waymo?

Waymo develops self-driving cars as part of Alphabet. It began as a Google project and now offers robotaxi services in cities like Phoenix, San Francisco, and Los Angeles. These vehicles transport the public without a human driver, and Waymo continues to expand its fleet.

What Are Autonomous Rideshare Vehicles?

Autonomous rideshare vehicles drive themselves using cameras, sensors, radar, and artificial intelligence. They follow traffic laws, avoid obstacles, and navigate city streets. Although they are designed to reduce accidents, crashes can still happen. If you are injured, an autonomous rideshare lawyer can guide you through the claims process.

Who is Protected by the $5 Million Policy?

California requires autonomous rideshares like Waymo to carry a $5 million insurance policy. This coverage protects both passengers and others on the road:

  • Riders/passengers: The policy pays medical bills, lost wages, and other damages if a passenger is hurt.

  • Other drivers and their passengers: The policy covers injuries or property damage caused by the autonomous vehicle.

  • Pedestrians and cyclists: The policy also protects anyone injured outside the vehicle.

An autonomous rideshare lawyer can help ensure the insurance company provides the compensation you deserve.

Why It Matters for You

  • Accidents may involve passengers, pedestrians, or other drivers.

  • A $5 million policy gives a safety net for serious injuries.

  • Knowing this coverage exists can help you feel more secure when using an autonomous rideshare.

Safety Data and Realities

Waymo reports that its self-driving cars cause fewer accidents than human drivers. Studies show fewer injuries and crashes per mile. However, accidents still occur. If you are hurt, statistics cannot protect you. This is why speaking with an autonomous rideshare lawyer is important.

Why Hire Fielding Law

If you were injured in a Waymo or other autonomous rideshare, you need a law firm experienced with this technology. Fielding Law investigates accidents, negotiates with insurance companies, and fights for victims. Our team listens to your story and guides you through every step. Call 833.88.SHARK to schedule your free consultation today.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

October 14, 2025
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person driving for a rideshare service

Rideshare Law Changes in California

By Car Accident, Personal Injury, Rideshare Accident

Rideshare Law Changes in California

California has introduced a new rideshare law that impacts Uber and Lyft passengers as well as drivers. These updates change insurance requirements and expand rights for drivers, which means both benefits and challenges for riders.

Reduced Insurance Coverage for Riders

In the past, Uber and Lyft had to provide up to $1 million in uninsured and underinsured motorist coverage. This coverage protected passengers if another driver causes the crash but does not have enough insurance. The new California rideshare law reduces that amount to $60,000 per person and $300,000 per accident.

For passengers, this is a major shift. A serious accident can leave medical bills and recovery costs that exceed the new limits. Riders may need to turn to their own auto or health insurance policies for additional coverage.

Drivers Gain the Right to Unionize

The new law also grants drivers the ability to form unions and bargain for better wages and benefits. This step could help improve working conditions and create more stability in the rideshare industry. However, drivers will remain independent contractors under existing California rulings.

What This Means for Passengers

While lower costs for rides may follow these changes, riders face reduced protections if an accident occurs. At the same time, stronger driver rights could improve reliability. For passengers, the new California rideshare law is a reminder to be aware of how accident protections have shifted.

Why Hire Fielding Law

If you are hurt in an Uber or Lyft accident, you should not face the confusing legal system alone. At Fielding Law, our attorneys understand California and Arizona rideshare accident laws. We can explain how the new California rideshare law impacts your case and help you seek the compensation you deserve.

Call 833.88.SHARK today for a free consultation about your rideshare accident.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

October 10, 2025
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robot hand holding a glass globe

Can AI Replace Lawyers?

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Bus Accident, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Sexual Assault & Abuse, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Can You Replace a Lawyer With AI?

Artificial intelligence tools like Chat GPT are gaining popularity. They can draft documents, explain legal concepts, and summarize laws. Some people now believe they can replace a lawyer with AI and handle legal issues on their own. This is misleading and risky. Legal cases require human advocacy, judgment, and compassion that AI cannot provide.

What AI Can and Cannot Do

AI Can:

  • Explain general legal ideas and procedures

  • Summarize statutes and regulations

  • Draft basic templates or documents

  • Suggest broad next steps

AI Cannot:

  • Provide personalized advice specific to your case

  • Investigate evidence or interview witnesses

  • Navigate complex California or Arizona laws

  • Represent you in court or negotiate with insurers

  • Offer strategy, empathy, or advocacy

Attempting to replace a lawyer with AI may result in missed deadlines, weak claims, or reduced compensation.

What Fielding Law Provides That AI Cannot

Personalized Legal Guidance

Our attorneys study every detail of your case and create strategies tailored to your circumstances.

Thorough Investigation

We gather evidence, interview witnesses, and build strong claims that AI tools cannot manage.

Negotiation and Advocacy

We handle insurance companies and opposing parties with proven negotiation skills and legal experience.

Courtroom Representation

If needed, we fight for you in court, file motions, and adjust strategies in real time.

Compassionate Support

We understand how stressful injuries are. Our team provides clear communication and empathy throughout the process.

Why Real Lawyers Matter

Legal representation requires strategy, adaptability, and human insight. Trying to replace a lawyer with AI leaves you without proper protection.

Why Hire Fielding Law

At Fielding Law, we combine experience, compassion, and skill to protect your rights. We fight for fair compensation and support clients every step of the way. Technology can assist, but it cannot replace a real lawyer.

Call 833.88.SHARK today for a Free Consultation and experience the difference of true legal advocacy.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

August 29, 2025
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delivery driver getting out of van holding a package

What Happens If a Delivery Driver Hits You?

By Car Accident, Rideshare Accident

What Happens If a Delivery Driver Hits You?

Delivery drivers from companies like Amazon, Uber Eats, and DoorDash are constantly on the road, making fast deliveries to meet customer demands. Unfortunately, this increase in traffic also leads to a higher risk of accidents. If you have been hit by a delivery driver, you may be wondering who is liable and how you can seek compensation.

Who Is Responsible If a Delivery Driver Hits Me?

Liability in a delivery driver accident depends on several factors, including the driver’s employment status and whether they were on duty at the time of the crash. In many cases, liability could fall on:

  • The delivery driver – If the driver was negligent, such as running a red light or speeding, they could be personally liable.
  • The delivery company – Some companies provide insurance coverage for their drivers while they are working.
  • A third party – If another driver or hazardous road conditions contributed to the crash, liability may be shared.

Does Amazon Cover Accidents Caused by Its Delivery Drivers?

Amazon has different types of drivers, which impacts liability:

  • Amazon Flex Drivers – These drivers are considered independent contractors and use their own vehicles. Amazon provides liability coverage when they are actively making deliveries.
  • Amazon DSP (Delivery Service Partner) Drivers – These drivers work for third-party companies that contract with Amazon. In these cases, the DSP company may be responsible for the accident.

If an Amazon driver was off the clock at the time of the accident, their personal auto insurance would likely apply.

What If an Uber Eats or DoorDash Driver Hits Me?

Food delivery drivers for Uber Eats and DoorDash use their personal vehicles, but both companies offer insurance coverage in certain situations:

  • Waiting for an Order: The driver’s personal insurance applies unless they have a special rideshare or delivery insurance policy.
  • En Route to Pick Up or Deliver Food: The company’s liability insurance may provide coverage, typically up to $1 million in damages.

If the delivery driver was off-duty, only their personal insurance would apply.

What Damages Can I Recover After a Delivery Driver Accident?

If a delivery driver caused your accident, you may be entitled to compensation for:

The amount of compensation will depend on the severity of your injuries and the insurance policies involved.

Why Hire Fielding Law?

At Fielding Law, we understand the complexities of delivery driver accidents. Determining liability can be challenging, especially when large companies like Amazon, Uber Eats, and DoorDash are involved. Our team is dedicated to helping you seek the compensation you deserve.

If you have been injured in a delivery driver accident, contact Fielding Law at 833.88.SHARK for a free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

April 9, 2025
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Personal Injury guide

Guide to Personal Injury 101

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Accidents can happen at any time, leaving you with more than just physical scars. The pain and recovery process can be difficult, but the legal aspects can feel just as overwhelming. If you are considering filing a claim, understanding the process is important. This guide to Personal Injury 101 will walk you through the basics, from determining if you have a valid case to the steps involved in seeking compensation.

Personal Injury Guide

Personal injury law protects individuals hurt due to someone else’s negligence. Suffering an injury can be overwhelming, physically and emotionally. Beyond the pain, many victims face mounting medical bills, lost wages, and uncertainty about the future.  
 
No one should have to navigate this process alone. Personal injury attorneys advocate for victims, offering guidance and support. They handle the legal process so injured individuals can focus on recovering. A personal injury claim helps hold the party responsible accountable. 
 
Personal injury cases come in many forms, including motor vehicle accidents, slip-and-falls, dog bites, and defective products. These incidents can cause both physical injuries and emotional distress, making recovery challenging. Personal injury law ensures victims can seek justice and reclaim their stability. 

The Legal Process for Personal Injury    

Navigating a claim can seem confusing, but understanding the process can ease the anxiety through this personal injury guide. 

  1. The Initial Consultation: The first step is speaking with a consultation specialist. At Fielding Law, our team is ready to review the details and allow you to ask questions while understanding your legal options.
  2. Investigation and Gathering Evidence: Strong evidence is important for a successful claim. Medical records, accident reports, witness statements, and pictures help build your case.  
  3. Filing the Claim: Once enough evidence is gathered, we file a claim with the at-fault party’s insurance company. This step formally starts the legal process. 
  4. Negotiating a Settlement: Most cases are settled before trial. Our expert attorneys negotiate with the insurance company to secure a fair settlement.  
  5. Litigation, If Necessary: If the case does not offer a fair settlement, we may take it to court. While litigation can extend the timeline, our legal team is prepared to fight for your rights.
  6. Resolution and Compensation: After an agreement is reached, the settlement is finalized, payments are processed, and outstanding medical liens are addressed. Depending on the case, this final phase can take weeks or months. We understand that waiting can be difficult, but this step is crucial for you to receive what you deserve.  

How to Determine if You Have a Valid Personal Injury Claim 

To have a personal injury claim, you must show that someone else’s actions caused your injury. This involves proving they had a duty to act safely, failed to do so, and that their actions directly led to your harm.  
 
Insurance companies try to pay as little as possible, and their first offer is rarely the best. A personal injury can handle negotiations and fight for the compensation you deserve. Even after this personal injury guide, if you are unsure whether you have a claim, contact Fielding Law. The consultation is free, and we can help you understand your options. 

Moving Forward with Fielding Law 

Your injuries, challenges, and recovery matter to us. At Fielding Law, we know that every personal injury case is unique. We are dedicated to taking the time to listen, understand your situation, and help you navigate through the complexities of personal injury. Whether you are facing mounting medical bills, lost wages, or ongoing pain, we will fight for you every step of the way. Call 833.88.SHARK for a free consultation and let us help you take the next step toward a successful recovery.  

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

February 11, 2025
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Hands holding a phone to take a photo or video

Photo and Video Evidence Builds Stronger Cases

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Why Visual Evidence Matters

You may have heard the saying, “A picture is worth a thousand words.” In personal injury claims, photo and video evidence can be worth thousands—or even millions—of dollars. These forms of evidence provide clear, undeniable proof that can support your case, counter opposing arguments, and increase the likelihood of a favorable settlement.

Examples of Photo and Video Evidence in Action

  • Car Accidents: Pictures of the accident scene, vehicle damage, skid marks, and traffic signals can demonstrate fault and the severity of the crash.
  • Bed Bug Bite Injuries: Photographs of bites, infestation, and unsanitary conditions at a hotel or rental property can establish negligence.
  • Pedestrian Accidents: Video footage from nearby surveillance cameras or eyewitnesses’ cell phones can show the driver’s behavior and the circumstances of the crash.
  • Premises Liability: Images of wet floors, broken handrails, or uneven walkways can prove hazardous conditions that led to your injury.

The Best Types of Evidence to Capture

When documenting an injury or accident, focus on these types of evidence:

  • High-Quality Photos: Use clear, well-lit images that show details of injuries, property damage, or unsafe conditions.
  • Videos with Context: Videos can capture the sequence of events, such as a car speeding through a red light or the lack of safety measures on a property.
  • Time-Stamped Evidence: Ensure all photos and videos include accurate timestamps to verify when they were taken.
  • Witness Recordings: If available, obtain recordings from bystanders who witnessed the incident.

Tips for Capturing Evidence

  • Take photos and videos as soon as possible.
  • Document injuries over time to show progression or healing.
  • Capture the surroundings to provide context.
  • Use your phone or camera’s timestamp feature.

How Visual Evidence Strengthens Your Case

Photo and video evidence provides clarity where words may fail. For example, describing a dangerous pothole in court may not be as impactful as showing a picture of it. Similarly, a video of a reckless driver running a stop sign can eliminate doubts about liability.

Evidence also counters attempts by insurance companies to minimize your injuries or deny fault. It allows your attorney to present a compelling narrative supported by hard proof.

Why Hire Fielding Law

At Fielding Law, we understand the power of visual evidence in securing fair settlements. Our compassionate team will guide you through the process of gathering and presenting the evidence needed to strengthen your case. Whether you have been injured in a car accident, suffered from a bed bug infestation, or experienced a slip and fall, we are here to help. Call us at 833.88.SHARK for a free consultation and let us fight for the compensation you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

February 7, 2025
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Rideshare customer in back of car. Filing a Claim After Rideshare Accidents

Filing a Claim After a Rideshare Accident

By Personal Injury, Rideshare Accident

After a rideshare accident, taking immediate action strengthens your personal injury claim. Follow these important steps:

  • Seek medical attention: Prioritize your health. Even minor injuries need medical evaluation, as some may worsen later.
  • Report the accident: Contact the police to file a report. Also, notify the rideshare company via the app or customer service.
  • Collect evidence: Take photos of the accident scene, your injuries, and any vehicle damage. Get contact information from the rideshare driver and other parties involved.
  • Consult a personal injury lawyer: A lawyer helps guide you through the legal process and ensures you get proper compensation.

These steps build a solid foundation for your claim and safeguard your rights.

Understanding Liability in a Rideshare Accident

Determining who holds responsibility for a rideshare accident depends on several factors, including the rideshare driver’s status during the accident. Here’s how liability often breaks down:

  • Driver logged into the app, waiting for a ride: The rideshare company may offer limited coverage.
  • Driver en route to pick up a passenger or carrying a passenger: The rideshare company usually provides full coverage.
  • Driver not logged into the app: The driver’s personal insurance applies.

Liability may also involve other drivers, making it critical to assess each party’s role in the accident.

Filing Your Personal Injury Claim

When you’re ready to file your personal injury claim after a rideshare accident, here’s how to proceed:

  • Document all damages: Keep track of medical expenses, lost wages, property damage, and any pain and suffering you experience.
  • File with the right insurance: Depending on the situation, you’ll need to file your claim with either the rideshare company’s insurance or the driver’s personal insurance.
  • Negotiate a settlement: Settlements often occur outside of court, but negotiations can take time. Your lawyer will help ensure you receive a fair offer.
  • Go to trial if necessary: If negotiations fail, your lawyer may recommend taking your case to court for a resolution.

Why Hire a Lawyer for a Rideshare Accident?

Dealing with insurance companies after a rideshare accident can be complex. Insurers may try to offer less than you deserve or deny liability altogether. A personal injury lawyer steps in to advocate for your rights and fight for the compensation you deserve. By hiring a lawyer, you protect yourself from unfair practices and ensure your claim is handled effectively.

Why Choose Fielding Law?

At Fielding Law, we focus on supporting clients through difficult times with compassion and expertise. Our attorneys understand the unique challenges involved in rideshare accidents and have a proven track record of securing fair settlements. When you work with us, you receive dedicated legal assistance tailored to your needs. Call 833.88.SHARK today for a free 24/7 consultation, and let Fielding Law help you pursue the compensation you deserve.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

February 4, 2025
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Understanding Negligence in Injury Claims

By Assault, Bicycle Accident, Boating Accident, Brain Injury (TBI), Burn Injury, Car Accident, Catastrophic Injury, Dog / Animal Bite, E-Bikes and E-Scooters, Motorcycle Accident, Pedestrian Accident, Personal Injury, Personal Watercraft (PWC) Accident, Premises Liability, Product Liability, Public Entity, Rideshare Accident, RV Accident, Skate & Skateboarding Accident, Ski & Snowboard Accident, Slip or Trip and Fall, Spinal Cord Injury, Train Accident, Truck Accident, Wrongful Death

Negligence is a key factor in personal injury cases. Proving negligence determines whether a victim can receive compensation for their injuries. This guide explains how negligence works, how insurance companies and defendants may try to reduce their liability, and how evidence can strengthen your claim.

What Is Negligence?

Negligence occurs when someone fails to act with reasonable care, causing harm to another person. To prove negligence, you must demonstrate these elements:

  1. Duty of Care: The defendant owed a duty to act responsibly.
  2. Breach of Duty: The defendant failed to meet that responsibility.
  3. Causation: The breach directly caused the injury.
  4. Damages: The injury resulted in measurable losses, such as medical bills or lost income.

How Insurance Companies Minimize Negligence

Insurance companies often try to reduce their client’s responsibility to pay less compensation. They may:

  • Claim the victim contributed to the accident: This is known as comparative liability. In states that follow comparative negligence rules, the compensation you receive could be reduced by the percentage of fault attributed to you. For example, if you are found 20% at fault, your compensation may be reduced by 20%.
  • Downplay the severity of the injuries.
  • Question the credibility of evidence or witnesses.

A skilled attorney counters these tactics by gathering strong evidence and presenting a compelling case.

How Defendants Avoid Responsibility

Defendants may use similar strategies to avoid accountability. Common defenses include:

  • Arguing they acted reasonably under the circumstances.
  • Shifting blame to the victim or a third party.
  • Denying the connection between their actions and the injury.

Your legal team can challenge these arguments to hold the responsible party accountable.

How Evidence Strengthens Your Claim

Strong evidence proves negligence and ensures fair compensation. Helpful evidence includes:

Each piece of evidence builds a stronger case, making it harder for insurers or defendants to dispute their liability.

Why Choose Fielding Law?

At Fielding Law, we understand the challenges victims face when dealing with negligence claims. Our experienced team fights for your rights with ethical and effective representation. We carefully gather evidence, counter insurance tactics, and guide you through every step of your case. Call 833.88.SHARK today to schedule your free consultation.

Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.

February 3, 2025
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