Los Angeles Uber and Lyft Accident Lawyer

Rideshare services provided by Uber and Lyft have altered the way people travel, providing convenience and accessibility with just a simple tap on a phone. Although popularity continues to remain at a high, this can be a notable concern when considering the ongoing increase in the number of rideshare vehicles on the road. Given the circumstances, it can lead to a higher likelihood of accidents.

If you have been injured in an Uber or Lyft accident, you may be eligible to secure compensation against the at fault party. At West Coast Uber and Lyft Accident Lawyers, we have over 50 years of collective experience handling rideshare cases and a proven track record of providing client satisfaction.

With our ongoing success, we are confident in the value we bring and will utilize our expertise in the matter to ensure your needs are met with the highest level of care and results. We operate under a contingency-fee basis, meaning that we only get paid if we successfully win or settle your lawsuit.

To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 465-8682 or completing our easy online contact form.

Common Causes of Uber and Lyft Accidents

Uber and Lyft accidents can happen due to many reasons, often involving driver behavior and road conditions. Let’s take a look at each common cause in the sections below.

Distracted Driving

A man using his phone while behind the wheel.

Drivers are required to pay attention to the road at all times. If they are distracted, even for a few seconds, it can affect their ability to promptly react to abrupt changes or notice important signals. In an effort to prevent distracted driving accidents, California established the following laws: 

  • CVC 23123: Drivers cannot hold and operate a handheld wireless telephone unless it is used in a hands-free manner
  • CVC 23123.5: It is prohibited to send, read, or write a text message while driving
  • CVC 23124: People who are 18 or younger cannot use a wireless telephone or electronic wireless communications device, even if it does have a hands-free feature, when operating a vehicle

Speeding

A white car speeding through a street.

Rideshare drivers need to meet certain time expectations, especially if they are met with surge pricing. However, some may feel compelled to speed when they are falling behind on their schedule. Doing this can reduce a driver’s ability to react to sudden changes in traffic, like a pedestrian crossing the road or another vehicle making an abrupt stop. This can also increase the severity of a collision as higher speeds often lead to more forceful contact.

Rideshare drivers will need to adjust to a reasonable speed when met with certain weather, road, and traffic conditions (CVC 22350). They should also plan things ahead of time to travel safely without the pressure of making it on time to pick up or drop off passengers.

Driving Under the Influence

A person driving a car while holding a beer.

Although Uber and Lyft enforce zero-tolerance policies against driving under the influence of drugs or alcohol, some drivers will still go against it while actively fulfilling ride requests. This can impact their motor skills and judgment, making it difficult for them to make quick and reasonable decisions. Even a small amount of consumption can significantly impair a driver’s ability to function properly. This, in turn, can lead to a higher risk of collisions.

If you are under the influence, do not go online and perform rideshare services for your safety and that of others. Even if you are unsure of whether the effects have worn off, you should still avoid driving if there is any doubt.

Fatigue

A tired man yawning while behind the wheel.

Even though rideshare drivers have flexible schedules, some may want to work as much as they can to generate significant compensation. This will require them to actively pick up or drop off passengers for a lengthy period of time, potentially causing them to develop fatigue and experience the following symptoms:

  • Lack of concentration
  • Slow reaction time
  • Dangerous decisions
  • Sleeping behind the wheel

These can ultimately trigger a fatigue-related accident. But, it can be avoided if regular breaks and adequate rest are taken. 

Poor Road Conditions

A cracked road.

Poor road conditions, like potholes or debris, are known hazards that often lead to rideshare accidents. This is particularly common when a driver is in an area they are not familiar with, especially in busy urban environments. When they are presented with such factors, they will need to make sudden maneuvers to avoid vehicle damage or to navigate around obstacles. If direct contact is made, it can lead to loss of control.

Before heading out, rideshare drivers should check for weather and road conditions to have an idea of what to expect. You should also be aware of construction size areas or ongoing roadwork, and always be prepared for the unexpected. 

Understanding Proposition 22 and Its Impact on Rideshare Accidents in Los Angeles

Proposition 22 was passed in California in 2020. This regulation classifies Uber and Lyft drivers as independent contractors. While this allows rideshare companies to avoid providing full employee benefits, it also introduces protections for drivers, like:

  • Minimum earnings guarantee
  • Healthcare stipends
  • Occupational accident insurance (work-related injuries)
  • Death benefits
  • Anti-discrimination and anti-harassment protections

While Prop 22 provides benefits for drivers, there are limitations that can affect accident victims. For instance, a rideshare driver does not have access to traditional workers’ compensation benefits if they are involved in a crash. Although they are offered occupation accident insurance, it is more limited than what employees would usually receive.

In addition, since Prop 22 reinforced the independent contractor status, it will make it more difficult to hold Uber and Lyft responsible for accidents caused by driver negligence.

Steps to Take After an Uber or Lyft Accident

A man on the phone after getting into a car accident.

An Uber or Lyft accident can be overwhelming. Although it is easier said than done, try to remain calm and focus on fulfilling the following steps immediately after the rideshare crash to protect your health and ability to seek fair compensation.

Contact Local Authorities

Report the rideshare accident to your local law enforcement if you notice any injuries or damages. Police will arrive at the accident scene and create a written report on the incident. Paramedics will also show up to provide immediate medical attention to the injured parties.

Seek Medical Attention

Be sure to seek medical care shortly after the event. Even if you feel fine, you should still get yourself evaluated by a doctor. Once they have assessed and diagnosed your condition, they will give you a personalized plan to help with your recovery process. You can request a copy of your medical records pertaining to the incident to use as proof if you are planning on pursuing legal action against the responsible party.

Exchange Information

You should exchange contact, insurance, and/or vehicle information with all parties involved.

Report the Incident to Uber or Lyft

Notify the rideshare company about the accident as soon as possible. They will investigate the incident and may reach out for additional information.

Gather Evidence

Try to gather the following pieces of evidence to build a well-constructed claim:

  • Photos of your injury, damages, and the accident scene
  • CCTV footage
  • Witness statements
  • A copy of the police report and your medical records

Consult with a Los Angeles Rideshare Accident Lawyer

Consulting with a Los Angeles rideshare accident lawyer can help you experience a smooth legal process since they have knowledge and experience in the matter. They will handle the challenging tasks while giving you time to focus on recovering with a peace of mind. This includes doing the following:

  • Maximize compensation for the injuries you incurred
  • Handle liability disputes
  • Deal with hit-and-run or uninsured drivers
  • Meet deadlines and ensure paperwork is handled properly

Common Rideshare Accident Injuries

A woman with a back injury getting out of a car.

Rideshare accidents can lead to various types of injuries depending on the severity and speed of impact. Some common forms of bodily harm may include the following:

  • Broken bones
  • Neck injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal injuries

If you were harmed as a result of an Uber or Lyft accident, you may be entitled to recover compensation for the losses you suffered, like medical bills or lost wages. For legal assistance with the filing process, you can connect with our 24/7 legal team. We will work diligently on your behalf to ensure you get the best outcome possible. 

Who Is Liable in an Uber or Lyft Accident?

Liability in an Uber or Lyft accident will depend on who caused it and the driver’s status at the time of impact. Since both rideshare companies identify their workers as independent contractors, determining accountability may be complex. Let’s further discuss below:

  • If the driver is offline and caused the crash, they will be at fault for the damages they caused
  • If the driver is online and waiting for a ride request during the collision, Uber/Lyft’s limited coverage may apply
  • If the driver is en route or on a trip when the accident occurred, Uber/Lyft’s commercial auto insurance will cover the costs

Other potential parties may include: government entities, vehicle manufacturers, other road users, and rideshare companies.

Since California follows a pure comparative negligence system, victims are allowed to recover compensation even if they are partially at fault for the rideshare accident. So, if total damages accumulated to $80,000 and you are 20 percent responsible, you may be granted an estimate of $64,000.

Uber and Lyft Accident Statistics

Rideshare services, like Uber and Lyft, have notable concerns and accident statistics that are provided in a report, covering years of data. Let’s take a look at what was shared between 2021 to 2022.

Uber

  • 33 percent of fatalities involved drunk drivers, with 100 percent contributed by third-party drivers
  • 39 percent of fatalities were caused by speeding vehicles, and 93 percent were triggered by non-rideshare drivers
  • 13 percent of fatalities happened due to wrong way driving, 100 percent of these stemmed from other drivers

Lyft

  • 111 motor vehicle deaths
  • 14 percent increase in rate per 100 million vehicle miles traveled
  • 31 percent increase in incident frequency rate compared to the last report

Insurance Coverage While Driving with Uber or Lyft

An insurance policy sheet with pens, glasses, and a calculator on top.

Both Uber and Lyft have insurance company coverage for accidents, where it is sectioned off into three periods. Let’s take a look at each one below.

Rideshare Driver Is Offline

If the accident happened while offline, damages will be covered by the driver’s personal auto insurance.

Rideshare Driver Is Logged On and Waiting for a Request

If a rideshare accident happened while the driver was logged on and waiting for a ride request, Uber and Lyft may provide third-party liability insurance in at least the following amounts:

  • $50,000 per individual
  • $100,000 per accident for bodily injury
  • $25,000 in property damage

Rideshare Driver Is En Route or on a Trip

If a rideshare driver is struck while en route or on a trip, Uber and Lyft commercial auto insurance policy will provide up to $1 million for third-party injuries and property damage. It can also cover the cost of vehicle repairs up to its actual cash value (with a $2,500 deductible). This is available as long as your personal auto insurance has both comprehensive and collision coverage included.

Proving Negligence in a Rideshare Accident Claim

A person taking a photo of a car accident on their phone.

To prove negligence, you will need to demonstrate four key elements, including the following:

  • The defendant owed you a duty of care
  • The defendant failed to act reasonably
  • The defendant’s breach caused you to sustain an injury
  • You suffered losses, like medical bills or emotional distress, as a result of the rideshare accident

Since Uber and Lyft drivers are considered as independent contractors, they often avoid bearing responsibility for driver negligence. But a victim could be able to pursue legal action against them if they are liable in certain circumstances, like:

  • The company failed to incorporate proper background checks
  • A defective rideshare app feature triggered the crash
  • Uber or Lyft did not suspend or deactivate a dangerous driver

To successfully settle your case, you will need to gather substantial evidence to support your claim. You can also present this to West Coast Uber and Lyft Accident Lawyers for further assistance. Our team can assess the situation and determine what effective approach to take to ensure you get full and fair compensation for the losses you endured.

Passenger Rights in an Uber or Lyft Accident

If you are a passenger in an Uber or Lyft accident, you may be entitled to sue the at fault party to seek compensation for the injuries and damages you incurred. This could be against:

  • The rideshare driver
  • Another motorist
  • Uber or Lyft

If the responsible party is uninsured or underinsured, Uber and Lyft may give up to $1 million to protect passengers (and drivers). To get started on the legal process, you can consult with our team to help navigate you every step of the way. This is especially important if the following apply:

  • A rideshare company’s insurance denies liability
  • Multiple parties are involved
  • You suffered severe injuries that require long-term care

How Do I Sue Uber and Lyft?

Uber and Lyft can be sued if their own negligence contributed to a rideshare accident. You will need to prove liability on the company’s part, like if they hired an unqualified individual or failed to address safety issues. 

In addition, if the insurance coverage is insufficient, you should consider filing a personal injury claim. Be sure to gather necessary information to build a strong case against the responsible party.

For further assistance, you can get in touch with our Los Angeles Uber and Lyft accident lawyers. We can help determine what would be the best course of action to take to get you favorable results.

Wrongful Death Claims in Uber and Lyft Accidents

A wrongful death claim can be filed if a person is killed as a result of negligence. Under California Civil Code of Procedure 377.60, the following individuals can sue:

  • Spouse or domestic partner
  • Children
  • Issue of deceased children
  • Parents or legal guardians
  • Others who are entitled to the property of the decedent by intestate succession

You will be given two years to take legal action against the at fault party. If the case settles in your favor, you may be awarded the following: 

  • Hospital fees
  • Funeral and burial costs
  • Loss of financial support
  • Loss of consortium

Compensation Available in Rideshare Accident Cases

A man holding up a check while smiling.

Rideshare accident cases involve distinct issues that greatly distinguish one from the other, thus resulting in different outcomes for each victim. Some factors that are considered when determining and calculating a settlement value include:

  • The extent of your injury
  • Percentage of fault
  • Current and future medical expenses
  • Lost wages and earning capacity

If you would like to get an estimate of what you could be entitled to in a rideshare accident lawsuit, it is recommended to consult with an experienced attorney to get a better understanding of what you can recover. Typically in most cases, economic damages and non-economic damages are granted. In rare cases, punitive damages may also be given.

Economic Damages

Economic damages refer to financial losses you incurred as a result of an accident or wrongful act, such as:

  • Medical bills
  • Lost income
  • Property damage

Non-Economic Damages

Non-economic damages are subjective, non-monetary losses, like:

  • Emotional distress
  • Loss of enjoyment of life
  • Pain and suffering

Punitive Damages

Punitive damages are made to punish the defendant for exhibiting egregious behavior and deter similar conduct in the future. It is awarded in about 5 percent of verdicts. To prove punitive damages, you will need to show how the defendant was malicious, fraudulent, or grossly negligent.

How a Los Angeles Uber and Lyft Accident Lawyer Can Help

Rideshare accidents are challenging due to the number of parties involved. But, with the help of a Los Angeles Uber and Lyft accident lawyer, you can receive the guidance and support needed to navigate through complex tasks and better your chances at acquiring maximum compensation.

You can expect to receive the following services by your legal representative:

  • Case assessment
  • Identifying the liable party
  • Negotiations made with insurance companies on your behalf
  • Securing a reasonable settlement
  • Court representation if your case heads to trial

Schedule a FREE Consultation with West Coast Uber and Lyft Accident Lawyers Today

A row of attorneys standing side by side.

If you were injured in a rideshare accident due to someone else’s negligence, you may be entitled to file a claim. At West Coast Uber and Lyft Accident Lawyers, we will protect your rights and fight against unfair settlement practices used by rideshare companies and insurers.

To schedule a FREE consultation with one of our expert Lyft and Uber accident attorneys, you can contact us by calling (213) 465-8682 or completing our quick online contact form.

Uber and Lyft Accident FAQ

What if the Lyft or Uber Driver Fled the Scene?

If the Lyft or Uber driver fled the scene, it will further complicate matters. But, victims are still given legal options. This includes the following:
– Passengers may be eligible for up to $1 million in coverage for bodily injury and property damage, even if the driver fled the scene
– If the driver cannot be found or is uninsured, Uber and Lyft’s uninsured/underinsured motorist coverage will compensate for the injuries and damages incurred
– If law enforcement identifies the negligent driver, you can pursue a personal injury claim against them
– If you carry uninsured motorist coverage in your personal auto insurance, it can be applied in cases where Uber or Lyft coverage are not able to fully compensate you

How Are Uber and Lyft Accident Cases Different Compared to Car Accidents?

Uber and Lyft accident cases are different compared to car accidents in several ways, mostly due to:
– The involvement of rideshare companies
– Insurance coverage tiers
– Classification of drivers as independent contractors
– Since Uber and Lyft accident claims can involve multiple parties and difficult liability issues, it is often beneficial to receive legal assistance from an expert rideshare attorney to help maximize compensation

Do You Need a Lawyer for a Minor Uber or Lyft Accident?

Hiring a lawyer is not always necessary for minor cases. But, it could still be beneficial under certain circumstances. For instance, if you sustained little to no injuries and only minimal property damage, you could handle the claim by reporting the issue over to the respective rideshare company and the appropriate insurance company.

However, if you experienced delayed symptoms or liability disputes, where there is disagreement over fault or if multiple parties are involved, acquiring such services will hold the responsible party accountable for their actions, legal representation will ensure you get full and fair compensation.

We’d also like to note that even in minor cases, insurance companies will still try to minimize payouts or delay claims. If either Uber or Lyft offers a low settlement or rejects your claim, legal assistance can help negotiate a fair outcome.

How Long Do I Have to File a Rideshare Accident Claim in Los Angeles?

In Los Angeles, you will be given two years to file a rideshare accident claim. It is important to gather as much evidence as you can and seek help from an experienced Uber accident lawyer or a Lyft accident lawyer promptly to better your chances at obtaining maximum compensation. Failing to fulfill these tasks in a timely manner can put you at risk of delays, and if you exceed the statute of limitations, you will no longer be eligible to recover damages.

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