Nowadays, it’s simpler than ever to go wherever you need, thanks to ride-sharing applications like Lyft and Uber. A driver will be at your location in a few minutes with only a few touches on your phone or tablet. But accidents sometimes happen, whether you’re driving or just riding in the back of an Uber or Lyft car.
If you were harmed in a car crash while riding in an Uber or Lyft car as a passenger, contact the proficient Orange County car accident lawyers at Beckerman Anderson for legal guidance.
Liability for a Rideshare Crash
Imagine you are a passenger in a car operated by an Uber or Lyft contractor, and you are hurt in an accident. In that case, it may be difficult to ascertain who is obligated by law to pay you for your injuries as well as other damages such as missed income and emotional distress, as one or more of the below parties could be responsible or pay out damages:
- The driver of an Uber or Lyft might be held accountable, depending on the circumstances of the accident.
- The driver of another vehicle could be liable for the crash.
- Because Uber and Lyft are typically covered by outside insurance policies, an insurer could pay an eventual injury claim.
Uber and Lyft are obliged by California law to have at least $1 million in coverage for property damage, bodily injury, and death brought on by its drivers. Moreover, the legislation mandates that Uber and Lyft provide their drivers and passengers with uninsured and underinsured motorist coverage. However, determining who is legally liable for damages—whether it’s the ride-sharing company, the Uber or Lyft driver, or another third party—can be a difficult and confusing process because Uber and Lyft drivers are regarded as independent contractors rather than employees.
Personal Injury Claims After Rideshare Accidents
It is undeniable that more and more people are using ridesharing services like Uber and Lyft. However, not many users of these apps remember that the drivers aren’t really employees but rather independent contractors. While you may see them driving about town, they aren’t part of the company. This establishes that drivers, not rideshare companies, are legally liable for accidents caused by their negligence. If you were hurt in this kind of crash, you could file a claim against both of them. Reporting your accident to the relevant police force in California should be your first step. Gather details on the crash, such as what transpired, how it happened, and whether anybody else was hurt. Also, if possible, try to take photos of the crash scene.
Arbitration in Rideshare Agreements
It often takes several steps for someone to use a ridesharing application to request a ride. It all starts with the rider requesting a trip and agreeing to pay the fee via the app. Afterward, the ridesharing business and the passenger reach an “agreement,” so to speak. From there, the rider or passenger boards the ridesharing vehicle, and the journey begins. Still, users who download a ridesharing app and hire its services often do not fully understand the terms and conditions. As an example, users of some applications may unwittingly consent to arbitration terms. If a passenger sustains injuries while riding with a rideshare, they may not be aware that they are giving up their legal recourse against the service or its driver. Arbitration is a private method of resolving legal claims, where a third-party arbiter in California decides the outcome of a claim rather than a judge or jury.
Proving Liability in a Rideshare Crash
Knowing what to do if you sustain injuries in a rideshare vehicle accident. Oftentimes, the rideshare company covers basic medical bills. However, what happens when someone else’s negligence causes the accident?
Bear in mind that California’s legal system follows the comparative negligence standard. Under this doctrine, each party to an accident is held responsible for their own level or portion of the fault in causing the incident
The injured party can sue the driver and/or the ridesharing firm for bodily injury in any of these cases. Generally, the negligent driver of the other vehicle, and not the driver of the ridesharing service, is legally responsible. Essentially, drivers are not responsible for injuries in accidents that were not their fault. Remember that other injuries, even those outside of car accidents, are in a gray area of liability. Those who ride while intoxicated, which is common for ridesharing services in California, cannot sue drivers for injuries sustained unless the passenger can show that the driver was aware of or should have been aware of the passenger’s intoxication and contributed to their injury by their own negligence in a crash or otherwise.
Steps to Take Following a Rideshare Accident
Like with any vehicle wreck, there are a few important steps to take after a rideshare accident, including but not limited to the following:
- If you are hurt, dial 911 and get proper medical treatment immediately. Do not, by any means, refuse medical attention, even if you believe or feel you may only sustain minor injuries.
- Do not accept the blame for the accident. In this sense, avoid saying things such as “I’m sorry” or “It was my fault”
- Collect as much information as possible about your wreck. Take pictures, note any important circumstances surrounding and leading up to the crash, and collect information on the driver and insurance.
- Notify both the rideshare carrier and your California insurance carrier of the accident.
Finally, you should contact a personal injury lawyer who specializes in these kinds of situations immediately. The time you wait to contact an attorney who handles these matters might determine whether you get compensation for your injuries. In other words, time is of the essence regarding these claims. In addition to financial compensation for medical expenses, pain and suffering, lost income, damaged property, and loss of consortium, victims of careless rideshare drivers may sometimes get extra money to pay their legal costs.
Contact a Car Accident Lawyer in Orange County
Our attorneys at Beckerman Anderson know how difficult the aftermath of a car crash can be, and we’re here to help you and yours navigate the red tape. Moreover, our lawyers will explain the complexities of filing a claim to secure damages, from medical coverage and vehicle repairs to lost wages and medical bills.
Whether your crash occurred due to general driver negligence or was caused by a rideshare driver, our Orange County auto accident attorneys can offer you vital advice about preparing your case. So if you have been involved in a car accident in the area, contact our personal injury lawyers in Orange County at Beckerman Anderson immediately by calling 949-474-2254.
