Uber/Lyft Accidents

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RIDESHARE ACCIDENT ATTORNEYS

Los Angeles residents are increasingly using ridesharing services like Uber and Lyft instead of taxis. Rideshare services are easy, affordable, and very convenient. However, the more popular the rideshare applications have become the more likely passengers will be involved in accidents. Accordingly, drivers have pressure from the job and distractions from cell phones as well as GPS devises which can lead to tragic accidents. These ridesharing companies like Uber and Lyft carry specific auto insurance in order to abide by California Law. Even so, determining who is at fault and recovering damages can be difficult. If you have been involved in an Uber or Lyft accident, it is imperative to understand your rights.
It is very common for ridesharing vehicles to be involved in accidents which result in personal injury claims from riders or passengers in other vehicles. Further, it is possible for ridesharing drivers to file a claim for personal injury as well if they get injured on the job. There are a number of legal options available to you if the driver was negligent or at fault in your rideshare accident. If you or a loved one have been injured and wish to file a claim for your injuries, get in contact with an experienced rideshare attorney. Here at Yamin Law we represent passengers and drivers in rideshare accident claims and can help you get the compensation you deserve. Contact us today to help you navigate through the tricky rideshare accident legal process.

WHAT IS UBER AND LYFT RIDESHARING SERVICES?

Uber and Lyft are both of California’s most well-known rideshare services and are regulated by the California Public Utilities Commission and the California Public Utilities Code.
There are key differences between rideshare companies like Uber and Lyft compared to traditional limo or taxi services.

Rideshare companies like Uber and Lyft for example:

Set their own schedule
Are not obligated to accept rides
Usually drive their own personal car
Responsible for maintenance and fuel costs

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LIABILITY AFTER AN UBER OR LYFT ACCIDENT

Liability in a rideshare accident is like most car accidents. It will typically be based on someone’s negligence. Negligence is the failure to use reasonable care, resulting in damage or injury to another.

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Elements of negligence:

The defendant owed the plaintiff a duty of care
The defendant negligently breached that duty of care
The defendant’s negligence was the cause of the plaintiff’s injuries

The plaintiff suffered damages

Rideshare accidents are considered tricky and complex because it is important to see whether the driver was logged into the application at the time of the accident or not. This is crucial in order to see if there is a claim against the rideshare company. Also, a new law AB5 passed regarding gig workers and the regulations behind it. This further complicates issues, making it essential to contact a rideshare attorney to help you with your claim and injuries.

The rideshare companies like Uber and Lyft both carry third party liability insurance. Accordingly, they have a policy where they pay up to $1 million for personal injuries and property damage resulting from an accident.

If a driver has an insurance policy that covers ridesharing, the driver’s insurance coverage will apply the individual’s injuries. However, this is usually not the case, most ridesharing drivers don’t have policies that cover ridesharing.

COVERAGE PERIODS

In the aftermath of an Uber accident, the process of filing an injury claim can be especially difficult because of several factors that make it more complicated than after a typical accident.
Uber has different coverage amounts based on the “period” in which the accident occurred:

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Period One:

The app is turned on but the Uber driver has not accepted the ride or picked up the passenger. This coverage includes up to $50,000 in bodily injury per person and $100,00 in bodily injury per accident. Accordingly, property damage is included up to $30,000.

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Period Two:

The app is turned on and the driver accepted the ride but did not pick up the passenger yet. Coverage in this situation is up to $1 million in bodily injury.

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Period Three:

The app is turned on, the driver accepted the ride, and picked up the passenger. Coverage in this period is $1 million in bodily injury coverage.

If you are injured in a Lyft accident, it is similar to the driving periods of Uber and there are certain steps that may be taken to protect your rights.

The time period when the accident happened is important in determining whose insurance may be used for compensation. If the driver was not actively transporting a rider or was not on the way to pick a passenger up, then the driver needs to rely on their own insurance or the insurance of the other vehicle for compensation. On the other hand if the driver was working on the job with Uber or Lyft they may be able to use the rideshare company’s insurance, which in turn has higher policy limits than most personal driver’s insurance.

Dealing with Uber and Lyft representatives should be the last thing on you mind and insurance liability can get very complex when it comes to rideshare services. At Yamin Law it is our mission to get the maximum compensation you deserve for your injuries.

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WHAT DAMAGES AND COMPENSATION CAN YOU GET AFTER AN UBER OR LYFT ACCIDENT?

Damages in a rideshare accident with Uber or Lyft would be generally similar to a typical car accident. Additionally, California allows you to recover damages even if you were partially at fault for the accident. This means that if you were injured in a car accident and contributed to the accident, you may be able to recover damages. Consequently, comparative negligence assigns fault and/or negligence to each party involved in an accident according to their respective contributions to the accident.

You should be compensated for:

Getting your car repaired or replaced
Obtaining a rental car at no cost to you
Ambulance and hospital bills paid for
Medical treatment for no out of pocket cost (i.e physical therapy)
Compensation for pain and suffering
Emotional distress
Loss of companionship and support
Paid for lost time at work

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LYFT AND UBER ACCIDENTS COMMONLY RESULT FROM:

Speeding:
Uber and Lyft accidents are frequently caused by speeding. Rideshare drivers occasionally exceed the speed limit, which can result in an accident. As a result, driving at a normal speed is recommended.

Failing to obey traffic laws:

Wrong-way driving, lane violations, failing to yield to pedestrians, and unable to follow traffic signals are amongst the common Uber of Lyft traffic violations. Failing to obey traffic laws on the road could be very dangerous and significantly increases the risk of an accident.

Driving under the influence:

Drunk driving is, without a question, a terrible offense. Driving while inebriated or under the influence of other drugs might result in a serious accident.

Distractions (i.e GPS, texting)

One of the most common causes of Uber and Lyft accidents is distracted driving. Drivers are occasionally distracted from the road by the need to seek up and enter in information on the internet. Texting while driving diverts your attention away from the road, increasing the risk of an accident.

Inexperienced drivers

You don’t need a specific driver’s license to work as a ridesharing driver. As a result, untrained Uber or Lyft drivers have the potential to cause tragic accidents. Uber and Lyft accidents can injure more than just the driver; passengers, other drivers, buses, trucks, motorcyclists, bike riders, and pedestrians may all be involved.

WHAT STEPS SHOULD YOU TAKE AFTER A UBER OR LYFT ACCIDENT?

The steps to take after a rideshare accident are similar to an auto accident.

1) Assess the accident and any injury resulting from the accident (seek medical attention)

It is vital to check on yourself and everyone involved in the accident in order to see who has been injured. Even if you feel fine, it is important to seek medical assistance immediately if you have been hurt. Many times, victims of an accident when they are injured don’t show symptoms right away and it could be detrimental if they do not seek medical attention as soon as possible. If you are injured, get to an emergency room or dial 911 so that paramedics may examine you and, if required, transfer you to the nearest hospital.

2) Organize all information and parties involved

All names of the persons involved, insurance information, phone numbers, driver’s licenses, and license plates of the vehicles involved should be documented as part of your claim. Obtaining statements and contact information from any witnesses on the scene may thus aid your case and make it easier to contact them later if more information is required. A screenshot of any data or information on your Uber app could also help you with your claim. Finally, if you have obtained medical treatment, it is vital to document your injuries and treatment so that your case can be evaluated by an attorney.

Some aspects to think about:

Road quality
Any distractions while driving
How the accident occurred
Sun glare
The driver’s mental state
Weather conditions

3) Create a Post-Accident Journal

After an accident, it’s critical to keep track of information since there’s so much that happens that it’s practically impossible to remember everything. The details of an accident begin to blur as the days and weeks pass. Your brain, which is used to working overtime to recall everything in great detail, will try everything it can to forget about the horror of an accident. Because insurance claims and litigation are based on facts, it’s critical to have those details. This can help you make a stronger case for compensation in the future, as well as relieve stress so you can focus on recuperating.

4) Call the Police

When it comes to automobile accidents, insurance adjusters and attorneys frequently give the police report a lot of weight, especially if the officer’s conclusions indicate that one motorist is to blame for most or all of the damage. The police complete a Traffic Collision Report on your behalf and as a result, a police report can be an important part of a car insurance claim or a lawsuit involving a car accident.

5) Notify your insurance

As soon as possible, notify your insurance company and begin the claims procedure. It’s also crucial not to discuss the accident or your injuries with insurance adjusters. In the event that an insurance adjuster calls you, inform them that your attorney will contact them. Speaking with an insurance adjuster could jeopardize your case, and your words could be used against you.

6) Contact an Uber Accident Attorney

An Uber accident lawyer can assist you in defending your rights and determining if you are entitled to compensation. An attorney can also assist you in obtaining medical care and guiding you through the treatment procedure. Finally, an attorney knows how to deal with insurance company gimmicks and adjusters in order to secure you the greatest payment possible.