Getting into an accident that involves rideshare services, like Uber or Lyft, can be complicated, especially when determining liability. Whether you are the passenger or another road user, you are eligible to pursue legal action against the negligent driver. However, the claims process can be confusing due to the number of insurance policies and legal protections that may apply.
For assistance with your rideshare car accident case, you can reach out to West Coast Uber and Lyft Accident Lawyers. Our team will evaluate your situation, identify the at fault party, and work diligently to ensure we acquire full financial recovery on your behalf.
To schedule a FREE consultation, you can connect with us by calling (213) 465-8682 or completing our quick online contact form.
How Is Liability Determined in a Rideshare Accident?
Determining liability in a rideshare accident can be difficult due to various factors, each listed below.
Lyft or Uber Driver Status
Liability in a rideshare accident often depends on the driver’s status at the time of the collision. Companies, like Uber or Lyft, offer various levels of insurance coverage based on what the driver was doing at the time of impact.
For instance, if the driver was not logged into the app when the crash took place, they will be acting as a private individual, not as a representative of either Uber or Lyft. This means that the driver’s personal insurance policy will need to be used to cover expenses incurred as a result of the accident.
But, if they were online and waiting for a ride request or had a passenger in the vehicle, contingent liability coverage or a full commercial insurance policy will apply.
State Laws
Liability in a rideshare accident will depend on state-specific regulations pertaining to negligence and insurance coverage.
Some states, including California, follow a comparative negligence law, where damages will be granted according to percentage of fault. Others will comply with contributory negligence, which could prevent recovery if the plaintiff was also negligent in the case.
Each area has its own approach, so knowing what unique regulations are enforced where you reside is important to navigate potential legal challenges you may come across when determining liability in a rideshare accident.
Understanding Your Rights as a Rideshare Passenger
In California, passengers have rights and protections available when involved in an accident. Typically, they are entitled to file a claim with the appropriate insurance company. This is where they can secure compensation, like:
- Medical expenses
- Lost wages
- Pain and suffering
If the insurance claim does not lead to fair results or if a dispute over liability occurs, the passenger may sue to recover damages.
Insurance Coverage for Rideshare Accidents
Both Uber and Lyft offer insurance coverage for their rideshare drivers while they are actively engaged in trips.
Logged Off
If a rideshare driver is not logged into the app, their personal auto insurance policy will be the primary coverage in a collision.
Logged in and Waiting for a Ride Request
If a rideshare driver is logged in and waiting for a ride request, Uber and Lyft contingent liability coverage may apply. This includes the following:
- $50,000 per individual
- $100,000 per accident
- $25,000 in property damage
En Route or on a Trip
If a driver accepts a ride request and is on the way to pick up a passenger or has one in the vehicle during the time of the accident, Uber and Lyft commercial liability insurance will cover up to $1 million for bodily injury and property damage. If you own comprehensive and collision coverage, repair costs may be provided, up to the actual cash value (with a $2,500 deductible).
Common Causes of Rideshare Accidents
A rideshare accident occurs due to several reasons. Let’s take a look at each one below.
Distracted Driving
Driver negligence is one of the most common causes of a rideshare accident, especially when distracted driving. This includes doing either of the following:
- Using the app on a frequent basis, thus diverting your full attention away from the road
- Texting or talking while driving
- Looking at passengers when engaging in conversations with them
- Adjusting the GPS or radio
Speeding
Speeding is another issue that can trigger a collision. Since rideshare drivers are under a time crunch, they will feel compelled to speed to prevent negative reviews from affecting their reputation on the app or risking their employment. Regardless, performing such actions is dangerous for not only the rideshare driver, but other road users, as well.
Fatigue
To earn more pay, rideshare drivers will often work long hours, sometimes late into the night or early morning, thus triggering fatigue. Those who do not have adequate rest will experience:
- Slower reaction times
- Poor judgement
- Less attention to the road
Road Hazards
Road hazards can contribute to rideshare accidents by creating unsafe conditions for drivers to occupy. Potholes, slippery roads, or poorly marked lanes can reduce a driver’s ability to maintain control of the vehicle, raising the risk of collisions.
For rideshare drivers, such obstacles are especially harmful if they are unfamiliar with the area they are in as it can increase the risks of making driving errors or poor decisions, especially if they are traveling on unfamiliar roads.
If they do not know the layout of the street they are on, they will struggle to anticipate potential hazards. This lack of knowledge will cause them to drive slower or faster than needed. It could also make it more difficult for them to react to sudden changes in road or traffic conditions.
Steps to Take After a Rideshare Accident
Being involved in a rideshare accident can be stressful. But, considering the steps sectioned below will help protect your safety and allow you to develop a well-constructed claim against the opposing side.
Contact Local Authorities
Call 911 if you notice any injuries or damages. Police will arrive shortly after and create a written report. Paramedics will also be present to administer medical care to affected parties.
Report to the Rideshare Company
Notify the rideshare company about the collision as soon as possible. The support team will gather details, such as:
- The accident date and time
- Description of the incident
- Driver and passenger information
An investigation into the incident will be done, and regular updates will be provided on the status of your case.
Seek Medical Attention
You should seek medical attention immediately after a rideshare accident regardless of whether you feel fine. A thorough evaluation will be administered by a medical professional to determine the status of your condition and if you require short- or long-term care to recover. You can request a copy of your records that include the treatment you received and the expenses you incurred for managing your injury.
Gather Evidence
Be sure to gather as much evidence as you can to develop a strong claim. This includes the following:
- Photos or video footage of your injury, damages, and the accident scene
- CCTV footage
- Witness statements
- A copy of your medical records and police report
- Rideshare driver and trip information
Consult with a Rideshare Accident Attorney
Consulting with a rideshare accident attorney is beneficial as they can help navigate you through legal complexities associated with your case. It is encouraged to seek assistance from local representatives as they will have valuable insights into state-specific regulations governing rideshare accidents. They will also provide the following services:
- Case evaluation
- Fault assignment
- Negotiations with insurance companies
- Court representation
- Secure fair compensation
Are Rideshare Drivers Employees or Independent Contractors?
California voters approved Proposition 22, classifying drivers as independent contractors, with some benefits included:
- Guaranteed earnings of 120 percent of the local minimum wage for the duration spent on driving (excluding waiting time)
- Healthcare stipend for drivers who work a set number of hours per week
- Occupational accident insurance to compensate for injuries endured while driving
If a rideshare accident happens while driving for the app, liability will not fall on the company itself unless there is a specific exception or if the driver was working under the scope of operational guidelines.
This type of case can be tricky to pursue. But, with legal guidance, you will have a better understanding of who to hold accountable for the injuries and damages you sustained.
Time Limit to File Rideshare Accident Claims
In California, injured victims can file a rideshare accident claim within two years from the date of when the incident occurred. This applies to:
- Rideshare passengers
- Other drivers involved in the collision
- Pedestrians or cyclists who were struck by a rideshare vehicle
It is important to act quickly to ensure you have enough evidence to prove liability and the right legal representative to protect your rights. Failing to fulfill these tasks in a reasonable time frame will result in delays, and can ultimately cause you to exceed the statute of limitations. If this happens, you will lose your opportunity to recover compensation.
Schedule a FREE Consultation with West Coast Uber and Lyft Accident Lawyers Today
Rideshare accident victims are entitled to file a personal injury lawsuit against the at fault Uber or Lyft driver. At West Coast Uber and Lyft Accident Lawyers, we are readily available to step in and handle all legal aspects of your case while you focus on recovering with a peace of mind.
To schedule a FREE consultation with a rideshare car accident lawyer, you can get in touch with us by calling (213) 465-8682 filling out our easy online contact form.
