Los Angeles Rideshare Accident Attorney
The growth of rideshare companies like Uber and Lyft has reshaped how millions of Californians travel. These services make transportation more flexible and accessible, particularly in busy urban areas like Los Angeles.
Uber and Lyft are California's two most prominent ride-sharing companies. Known as “Transportation Network Companies” (TNCs), ridesharing companies in California are regulated by the California Public Utilities Commission (CPUC) and the California Public Utilities Code.
The code sets the minimum California auto insurance requirements for ride-sharing drivers, with limits of at least $1,000,000 while passengers are in the vehicle, and requires ride-sharing services to conduct background checks of drivers.
Despite their convenience, the rise in ride-sharing has also brought an increase in traffic accidents involving rideshare vehicles.
Whether it's a minor fender bender or a severe crash, many Californians have found themselves dealing with injuries and damages linked to rideshare services.
The definition of “rideshare” in California is generally understood to mean car-for-hire services. Many people try to avoid the frustration of navigating traffic or getting a ride after having a few drinks, which makes services like Uber and Lyft very convenient and popular.
Just because you are getting a ride doesn't mean you can't get involved in a crash. The popularity of ridesharing adds to traffic congestion, which was already one of the worst in the United States. The massive growth of Lyft and Uber in California has also led to a huge spike in rideshare accidents.
Accidents Involving Multiple Parties
Rideshare accidents are uniquely complicated because they involve multiple parties. Unlike traditional car accidents, liability in rideshare-related incidents may be shared between drivers, rideshare companies, and even third parties.
This complexity can leave victims overwhelmed as they try to determine who should be held accountable and how to secure compensation.
At the Injury Justice Law Firm, our attorneys are highly experienced in dealing with complex cases involving ridesharing. We have a proven track record of securing maximum compensation for our clients. Our team can work to ensure you, as a victim, receive all the compensation due to you under the law.
People who are victims of accidents or crimes by Lyft or Uber drivers have a number of potential remedies, including accident lawsuits and suing for an assault or battery by a driver and lawsuits for sexual assaults by drivers. Knowing these options can empower you to take the necessary steps to seek justice and compensation.
What Constitutes Ridesharing in California?
While most people think of rideshare services as synonymous with Uber and Lyft, California law defines the term more broadly. According to California Vehicle Code 522, ridesharing encompasses “two or more persons traveling by any mode.” This definition includes carpooling, vanpooling, bus pooling, taxi pooling, jitneys, and even public transit.
This wide-ranging definition means that rideshare-related accidents may not always involve app-based services like Uber. For example, an accident involving a vanpool offered by an employer or a carpool organized by a community group could also fall under the umbrella of ridesharing.
Understanding this distinction is important when determining how your accident is categorized and which laws apply. An issue with ridesharing accidents is that multiple parties are involved, including:
- The driver,
- Passengers,
- Other vehicles,
- Insurance providers,
- Third-party companies.
Thus, determining who may be liable for an accident becomes convoluted.
What are the Common Causes of Rideshare Accidents?
As noted, services like Uber and Lyft have become increasingly popular in Los Angeles County, which means the number of car accidents causing injuries has also increased. Some of the most common causes of ridesharing accidents include the following:
- Speeding,
- Unsafe lane change,
- Improper turning,
- Distracted driving,
- Tailgating,
- Driving while high on marijuana
- Driving under the influence,
- Defective vehicles or equipment,
- Bad weather/limited visibility,
- Bad road conditions.
What Steps Should I Take After a Rideshare Accident?
The first step of filing a personal injury claim begins at the scene of the car crash. If you were involved in an Uber or Lyft accident, there are some steps you should take to increase the chances of receiving a fair settlement.
- Call the police and ask for medical assistance if necessary.
- Ask for insurance information from all drivers in the accident.
- Collect witness information, including phone numbers.
- Take pictures of driver's licenses and license plates.
- Take pictures of the accident scene, including damage to vehicles, traffic signs, and property damage.
- Write down details of the accident and weather conditions.
- Make doctor's appointments immediately.
With the passage of California Assembly Bill 5, Uber can't avoid any financial responsibility for driver injuries in accidents by claiming they were not an employee but only an independent contractor.
California Car Accident Laws
When ridesharing users are involved in an auto accident, they can still sue for personal injury. However, they may face more difficult compensation hurdles dictated by the financial health of the party at fault. Understanding these laws can make you feel more informed and knowledgeable about your rights in such situations.
When multiple parties are responsible for a car accident, each will be required to pay a percentage corresponding to the degree of liability they have for the wreck. At a minimum, private motorists must carry insurance under California Vehicle Code 16451, which covers the following:
- $15,000 for death or bodily injury for one person,
- $30,000 for death or bodily injury for more than one person,
- $5,000 for property damage.
The laws governing for-profit rideshare require drivers to have additional insurance, however. When and how you're involved in an accident with one of these drivers will matter when it comes to their insurance compensation limits.
California For-Profit Rideshare Insurance Requirements
Transporting riders for profit is excluded from traditional car insurance policies. As such, California has enacted laws to ensure that those injured by a driver for a Transportation Network Company (TNC) such as Uber or Lyft have more access to insurance reimbursement.
The state differentiates between three separate periods of the vehicle's operation while the driver is working for the for-profit car service. These stages are:
- Period 0,
- Period 1,
- Period 2,
- Period 3.
Period 0 is when the driver's rideshare app is off. During this time, the driver is subject to California's minimum insurance requirement described above. Period 1 occurs when the rideshare app is on, but the driver has not yet been paired with a passenger. During Period 1, the insurance requirements are:
- $50,000 for death or bodily injury for one person,
- $100,000 for death or bodily injury for more than one person,
- $25,000 for property damage.
Period 2 is the timeframe between when the driver was paired with the passenger and when the passenger has not yet entered the vehicle, and Period 3 occurs when the passenger is in the vehicle. California law requires the rideshare company to cover drivers with a $1 million liability policy during both Period 2 and Period 3.
California Vehicle Code 5430 VC requires rideshare companies to carry a minimum of $1 million in premiums for personal injury, death, and property damage caused in an accident when a rideshare driver is on duty.
What are the Common Injuries?
Injuries resulting from rideshare accidents can be severe and obvious, or they can be subtle and difficult to detect right away. The most common types of car wreck injuries include:
- Abrasions,
- Whiplash,
- Concussions,
- Traumatic brain injuries,
- Injury caused by airbags,
- Broken ribs from the seatbelt restraints,
- Knee injury,
- Broken bones.
Some of the injuries described above, such as traumatic brain injuries, will affect a victim for the rest of their life, resulting in lost earning potential and a severe degradation in the quality of life. In addition to these physical traumas, many injured in vehicle accidents also suffer from emotional distress.
Determining Fault in Rideshare Accidents
One of the most challenging aspects of rideshare accidents is determining who is at fault. These accidents are rarely straightforward, and fault can be influenced by several factors, such as:
- Driver Negligence: Much like traditional car accidents, a rideshare driver may be held responsible if their negligence caused the crash. This could involve speeding, distracted driving, or other reckless behaviors.
- Role of the Rideshare Company: Rideshare companies like Uber and Lyft have policies on driver conduct, vehicle safety, and insurance. Drivers are often classified as independent contractors, which can complicate claims against the company. However, when the app is active and the driver is transporting or en route to a pickup, the company's insurance usually applies.
- Vehicle Maintenance: Rideshare vehicles tend to rack up high mileage, increasing wear and tear, which can lead to mechanical failures. If a lack of regular maintenance contributed to the accident, both the driver and any parties responsible for vehicle inspections could share fault.
- Other External Factors: Weather conditions, poor road maintenance, or even the actions of other drivers may also complicate determining fault.
Who May Be Held Liable in Ridesharing Accidents?
You must target the appropriate defendants when you claim to recoup after you've been injured in a car accident. Sometimes, wrecks are caused by negligent or reckless driving, and there could be questions regarding the ride-share driver's overall suitability behind the wheel.
If the TNC demonstrated gross negligence in approving a driver for their service, then that company violated an obligation to public safety and should be held accountable. Under California law, any party who contributed to the cause of an accident can be held financially responsible for your injuries.
Because so many variables can influence what leads to a rideshare accident, identifying who can be held liable is not always straightforward. Common parties who may share responsibility include:
- The Driver: When the rideshare driver's actions directly contribute to an accident, they may be held liable. For example, if the driver speeds, ignores traffic signals, or engages in distracted driving, their negligence could make them the primary at-fault party.
- The Rideshare Company: Although rideshare companies often attempt to shield themselves from full liability by classifying drivers as independent contractors, their insurance policies can still come into play.
- Other Motorists: Some rideshare accidents involve multiple vehicles. Suppose another driver's reckless or negligent behavior contributed to the collision. In that case, they may also be held liable for your injuries, the same as if you had been injured while driving your vehicle.
- Third Parties: Occasionally, liability may extend to third-party entities. For example, a poorly maintained road with hazardous conditions could make a government agency or property owner partially liable. Similarly, if a mechanical failure caused the crash, the manufacturer or mechanic responsible for maintaining the vehicle could be held accountable.
- Passengers and Pedestrians: While less common, there are instances where rideshare passengers or even pedestrians can contribute to an accident. For example, if a rideshare passenger distracts the driver at a critical moment, their actions could be scrutinized as part of the liability investigation.
Understanding who is responsible for a rideshare accident is undeniably complex—a fact that insurance companies frequently exploit to attempt to reduce their settlements.
This is made even more complex by the fact that California is a pure comparative negligence state, meaning that each party may be held responsible in proportion to their level of fault. This is where having a skilled attorney on your side can be crucial in ensuring that you receive the full compensation to which you are entitled.
What Compensation Can You Receive?
The compensation you may be entitled to receive after an accident caused by a rideshare driver includes present and future medical expenses, present and future loss of income, and property damage. Let's take a closer look below.
Under California law, victims of an accident are legally entitled to compensatory damages for their injuries. In a few rare cases, they could be punitive damages if somebody inflicted intentional harm or exhibited extreme recklessness.
Put simply; you need an experienced rideshare accident injury lawyer to have the best chance at maximizing compensation. In a personal injury lawsuit, you could be awarded two types of damage compensation:
Economic damages – these awards are intended to compensate a victim for out-of-pocket expenses that are directly related to their injuries, such as:
- Medical bills,
- Lost income,
- Loss of earning capacity,
- Property damage.
Non-economic damages – these awards are much harder to determine because they are subjective, but they include the following:
- Pain and suffering
- Emotional trauma,
- Losses for physical impairment,
- Loss of enjoyment of life.
California has no cap on the amount of compensation a victim can be awarded in a personal injury case. However, it is a comparative fault state, meaning if you were partially to blame for the rideshare accident, then a certain percentage of the blame will be subtracted from the award.
The time limit to file a personal injury claim is called the “statute of limitations.” In California, it's two years from the date of the rideshare accident. If a state or municipal vehicle was involved in the rideshare accident, then you only have 6 months to file a personal injury claim.
If you've been injured in an accident involving rideshares, such as Uber or Lyft, you should contact our personal injury lawyers to review the details. Rideshare accidents are more complex because several parties are normally involved.
Don't think these rideshare companies have your best interest at heart. We will handle all the communications, including the insurance companies. We can determine who is liable for your injuries and how much your case is worth.
The insurance companies will attempt to take advantage of you without proper legal representation. For more information, contact Injury Justice Law Firm, based in Los Angeles.
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