Who is liable in a rideshare accident?
Determining liability in a rideshare accident can be challenging without the help of a Los Angeles attorney, as these cases are often more complex than a typical crash. A rideshare crash can involve several parties who share fault, such as the driver, the rideshare company, other motorists, or even third parties. It is important to wait to discuss anything with an insurance adjuster, as they may try to downplay your injuries in an attempt to limit their own responsibility. The best way to determine who can be held legally responsible for your accident and injuries is by consulting with an experienced lawyer. Our lawyers could investigate your claim to determine who was at fault and how to obtain compensation.
The driver may be liable if their distracted driving, speeding, or failing to follow traffic laws had a part in causing the crash. Rideshare companies may also find themselves liable for damages in certain situations. Businesses like Uber and Lyft classify drivers as independent contractors rather than employees, but may share some of the responsibility if, for example, they failed to adequately screen a driver with a poor driving record.
To determine fault in a rideshare accident, our experienced Los Angeles attorney will conduct an investigation into the circumstances surrounding the crash. This can include evidence such as police reports, statements from witnesses, video footage, assessments of vehicle damage, and data from the rideshare app. Lawyers are able to review and decipher complicated insurance policies to identify which apply and how.
What insurance policies apply in an Uber or Lyft accident?
In California, Uber and Lyft drivers are required to carry liability insurance that meets the minimum state requirement. Specifically, they must have at least $50,000 coverage for death or bodily injury to one person, up to $100,000 per incident and $30,000 in property damage.
Uber and Lyft maintain third-party liability insurance for their drivers while they are using the app. Uber and Lyft carry up to $1,000,000 in liability coverage for their drivers when they are either en route to pick up a ride request or have picked up passengers.
Who can I sue if I am involved in a rideshare accident?
Rideshare accidents are different from regular car accidents when it comes to injury claims. If you have sustained injuries from a rideshare accident, suing for compensation can be tough. First, you must prove who was negligent in the accident to be eligible to file a claim. Second, when filing a claim for damages, you must also prove liability and the extent of your injuries.
Rideshare drivers are required to rely on the company’s liability insurance when they are working. However, many drivers will not file claims because they fear losing their job. Despite the driver not putting in a claim with their company, it’s imperative to protect yourself by pursuing a claim with the help of a rideshare crash attorney in Los Angeles.
How do rideshare accidents happen?
In many cases, rideshare accidents are due to things that can be avoided. Here are the most common reasons why rideshare accidents happen:
- Distracted driving – From talking on the phone and texting to changing the radio station and eating, these bad driving habits can cause a severe collision.
- Speeding – Rideshare drivers who do not pay attention to speed limits can put everyone on the road at risk of sustaining an injury from an accident.
- Limited driving experience – You may be surprised to know that some rideshare drivers have a lack of driving experience.
- Not being able to handle hazardous road conditions properly – Lack of driving experience along with dangerous road conditions can be a recipe for a serious rideshare accident.
- Failing to obey traffic signals and road signs – Ignoring a red light or blowing a stop sign can be a surefire way for everyone on the road to be at risk of an accident that could cause a severe injury.
Someone can suffer an injury in an Uber or Lyft accident in the following ways:
- As a passenger in a rideshare car
- As a driver or passenger riding in another vehicle that has been hit by a rideshare car
- As a pedestrian, bicyclist, or motorcyclist that has been hit by a rideshare car
An attorney in Los Angeles is ready to represent anyone injured in a rideshare collision.
What Compensation Can I Receive for an Uber Accident?
Those who have sustained an injury in an Uber or Lyft accident may be entitled to substantial compensation. The amount a person can recover will depend on the severity of the injury and the circumstances of the crash. Damages may be economic or non-economic and could include:
- Medical expenses
- Rehabilitation
- Costs of ongoing therapy or medication
- Lost wages if injuries prevent an individual from working
- Property damage if a vehicle or personal items were damaged in the crash
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death if a loved one was killed in a rideshare accident
An attorney in Los Angeles could review a rideshare accident and account for all losses in a claim for compensation.
How Long Do I Have to File a Claim?
A person who has been seriously hurt in an accident generally has two years to file a personal injury claim as established in California’s Code of Civil Procedure § 335.1. This statute of limitations requires an injured person to pursue legal action within the timeframe given, or they may not be able to recover damages. Certain situations can shorten or extend the deadline for filing.
For example, California Government Code § 911.2 provides that claims against government entities typically have to be filed within six months. This applies in a situation where a city, county, or state agency may have failed to properly maintain public infrastructure–like a pothole in the road or an obstructed traffic sign–and it caused a person to get injured.
On the other hand, if a person was a minor at the time of the accident, the statute may be extended until they reach the age of 18 according to California Code of Civil Procedure § 352(a). The reason for this is to protect the rights of minors, so the statute of limitations is paused–or tolled–until they are able to take legal action on their own. If a 15-year-old rideshare passenger is hurt in a Lyft accident, the typical statute of limitations would require a claim to be filed before the passenger turns 18. Instead, the two-year limitation does not begin until the 15-year-old reaches 18, then they would have until their 20th birthday to file a claim.
Do I need a rideshare accident lawyer?
Rideshare accident personal injury claims are complicated. Having an experienced Los Angeles lawyer help you with your rideshare crash claim can increase your chances of a favorable decision. If you have been injured in an Uber or Lyft accident, you have your recovery to worry about. Let us help you get the compensation you deserve for your injuries.
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