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Rideshare services, also known as transportation network companies (TNCs), have been great at meeting the transportation needs of the public. Instead of trying to call a traditional cab or even flag one down, services like Uber and Lyft allow individuals the opportunity to schedule a ride through the convenience of a smartphone app. However, the service is not without its issues. If you have been in an accident with a rideshare driver, our California car accident lawyer may be able to help.
The Uber & Lyft accident lawyers in California with Sargent Law Firm Injury Lawyers have a proven track record of helping victims who have been injured because of negligence. Whether as a passenger, pedestrian, or an occupant in another car, our legal team has the ability to help you get the maximum compensation for your case.
Call us today for a free case consultation. A member of our staff can review your case and explain your legal options for moving forward. Help is available.
Your Settlement Should Cover All Losses, Now and in the Future
There are some very serious injuries that can be inflicted as part of any vehicular accident. It is important that you seek immediate medical attention if you have sustained any sort of injury. Don’t make assumptions about your health. Take yourself to the hospital or your private doctor to get evaluated as soon as possible. Many people don’t fully experience the true extent of their injuries until days after the accident occurred.
Severe Injuries in a California Car Accident
In extreme cases, car accident victims have suffered severe to catastrophic injuries requiring emergency medical care. Such injuries have included:
- Traumatic brain injuries (TBI), concussions, or head injury
- Spinal cord injuries, including neck or back injuries
- Broken bones
- Lacerations and burns
- Internal organ damage
- Loss of limbs
- Loss of function
Medical treatment and, in some cases, ongoing care for these patients can lead to very expensive medical bills. If you find yourself involved in an accident with an Uber or Lyft driver, you need to know all your options for possible compensation. It is important to understand the extent of your injuries and the true amount of time it will take for your recovery.
We can work with your doctors and financial planners to understand the costs of your medical care and how your injuries may affect your life.
Examples of Damages We Seek for Our Clients
Our personal injury lawyers in California treat every case as unique, providing our clients with a personalized strategy and the compassionate care they deserve. Though your damages will be based on the circumstances of your case, the following are the most common economic and non-economic damages you may be eligible to receive:
- Medical expenses, including doctor’s visits, hospital stays, medications, and transportation
- Ongoing healthcare, such as home modifications and nursing
- Lost wages while you recover from your injuries
- Reduced earning capacity if you are unable to go back to your job or have to change careers
- Property damage that requires repairs or a replacement
- Pain and suffering, including mental anguish and emotional distress
- Loss of enjoyment of life if you cannot participate in activities you once enjoyed
- Disability and disfigurement
When our California Uber & Lyft accident lawyers take on your case and investigate the accident, we will compile a list of damages and determine a fair settlement to submit with your insurance claim.
Common Causes of Rideshare-Related Accidents in California
Both Uber and Lyft classify their drivers as independent contractors. They are car drivers like everyone else on the road and capable of making the same mistakes and errors as everyone else. Ultimately, the cause of most auto accidents, whether they were an Uber or Lyft driver, is negligence.
Rideshare drivers are typically in accidents due to distracted driving, typically when they are doing the following:
- Checking their app for riders
- Checking their GPS for directions
- Talking with passengers
- Hurrying to a location
If you find yourself in an injury accident because of an Uber or Lyft driver, you might be entitled to fair compensation for the injuries sustained. Our California Uber & Lyft accident attorneys will identify who and how your accident occurred. Call Sargent Law Firm Injury Lawyers for your free consultation. Learn how Attorney Ryan Sargent and his legal team can help you recuperate from your losses today.
The Complicated Process of Ridesharing Service Liability in California
Since the drivers for Uber, Lyft, and other ridesharing providers are independent contractors who use their own cars, there are some complications with insurance policies.
All Drivers in California Must Be Insured
If you are injured in a motor vehicle accident in California, the liability system in place states that the at-fault driver bears the responsibility for paying damages. What this means for you is that you need to prove the following things to have a valid claim for damages:
- You must show fault on the part of the responsible driver
- The accident resulted in damages of some sort, whether those damages are medical, financial, mental, or emotional
All drivers are required by California law to carry personal auto insurance because of the at-fault (tort) system of liability. According to the California Department of Motor Vehicles (CADMV), the minimum requirements are:
- Bodily injury liability coverage (BIL) of $30,000 per person
- Bodily injury liability coverage (BIL) of $60,000 per accident
- Property damage liability coverage (PDL) of $15,000 per accident
Uber, Lyft, and any rideshare drivers are included in this insurance requirement. If the rideshare driver is the at-fault party, then they are responsible for the damages. However, the driver’s status on the rideshare app can shift liability.
Rideshare Insurance Coverage in California
Even though rideshare drivers operate as independent contractors and must carry their own auto insurance coverage, the coverage that will apply to your personal injury claim depends on their status on the rideshare app. According to Uber and Lyft, both companies offer very similar insurance coverage:
Off the app, the driver’s insurance covers any accidents.
On the app looking for a rider, the rideshare’s third-party insurance covers the following amounts:
- BIL of $50,000 per person
- BIL of $100,000 per accident
- PDL of $25,000 per accident
On the app matched to a rider or with a rider, the rideshare coverage offers:
- $1,000,000 in 3rd-party auto liability
- Uninsured/underinsured motorist bodily injury coverage
- Comprehensive and collision coverage up to the car’s cash value after a deductible if the driver already has it on the vehicle
We have the resources to investigate your Lyft or Uber accident and determine the status of the rideshare driver at the time of the incident.
Shared Fault Won’t Cost You Your Whole Claim
California follows a pure comparative negligence rule, per CIV § 1714. Under this statute, you can still pursue compensation even if you share some responsibility for the accident.
Insurance companies often try to place partial blame on the injured party so they can reduce what they owe. For example, if you are found to be 20 percent responsible for a collision, your total recovery is reduced by that same percentage. Even in cases where you are found to be more at fault than the other driver, you may still collect compensation for your injuries and losses.
Because rideshare accidents frequently involve several parties, disputes over shared fault often come up. Insurance adjusters may use them to try to lower your settlement, but we can counter their argument with the evidence we collect and present.
It’s free to speak with us and learn the value of your case today.
Call Us NowHow an Uber & Lyft Accident Attorney in California From Our Law Firm Helps Injury Victims
As your personal injury attorney, we can manage your claim and allow you the time to recover from your injuries. We can:
- Investigate the accident to determine who was at fault
- Gather evidence, such as police reports, phone records, and medical records
- Speak with eyewitnesses and collect witness statements
- Consult with experts, like accident reconstruction specialists
- Subpoena cell phone and app data
- File all paperwork on time, such as insurance claims and lawsuits
- Communicate with the insurance companies and their attorneys on your behalf
- Represent you in court if we cannot secure a fair settlement
We will also be available to address any concerns you have about your accident case and keep you updated on developments.
You Need to Start Your Claim Before the Statute of Limitations Expires
To help you secure compensation, we need to get started on your case before the two-year statutory deadline. If you fail to resolve your claim before the deadline, you could be left paying the difference the insurance carriers’ settlement fails to cover.
Per CCP § 335.1, we must file a personal injury lawsuit with the local California courthouse before two years pass from the accident date. If the deadline passes, the courts could bar your case, and the insurance company will not be compelled to negotiate.
However, with early notice, we can ensure your case meets all deadlines. It also gives us time to investigate and preserve evidence before it is lost.
You Can Make a Difference in Your Case’s Outcome
There are also things you can do at the car accident scene and immediately after that can significantly improve the strength of your claim. You should:
- Call 9-1-1 and have the police investigate the traffic collision, which will generate a police report
- See a doctor as soon as you can and follow their treatment completely, which helps connect the accident to your injuries
- Request contact and insurance information, which lets you know who to file your claims with
- Limit who you talk to and what you say, which keeps the insurance companies from using your words against you
When you’re ready, you can contact us, and our California Lyft and Uber accident lawyers can get to work on your case.
Get a free case evaluation
Schedule NowGet a California Rideshare Accident Attorney on Your Side Today
Accidents involving Uber, Lyft, or another rideshare company can get extremely complicated. There is a multitude of involved parties, and the case becomes much more complex than what you would find in a traditional vehicle injury accident.
Sargent Law Firm Injury Lawyers has a proven track record of getting fair settlements for clients. Plus, our California rideshare accident attorneys work on a contingency fee agreement, so you pay nothing unless we win.
Call us today for a free consultation.
Frequently Asked Questions
What should I do right after a rideshare accident in California?
Call 911, seek medical attention, and get the driver’s insurance and contact information. Take photos of the scene if you’re able, and avoid discussing fault with anyone at the scene.
Can I still file a claim if I was partly at fault for the accident?
Yes. California follows a pure comparative negligence rule, so you can recover damages even if you share some fault. Your compensation is simply reduced by your percentage of responsibility.
Does it matter if the Uber or Lyft driver was on the app when the crash happened?
Yes. Coverage amounts change depending on whether the driver was off the app, waiting for a ride request, or actively transporting a passenger. This affects which insurance policy applies to your claim.
How long do I have to file a claim after a rideshare accident?
California law gives you two years from the date of the accident to file a personal injury lawsuit. Waiting too long can bar you from recovering compensation altogether.
What does it cost to hire a lawyer for a rideshare accident claim?
Nothing upfront. We work on contingency, so you pay no fees unless we secure a settlement or verdict on your behalf.
