Rideshare services Uber and Lyft have revolutionized urban transportation and offer convenient and affordable travel to millions. Accidents are inevitable, however, and when they occur, they present unique legal challenges that set them apart from typical car crashes.
As experienced San Diego rideshare accident attorneys, we understand the complexities of these cases, from determining liability to navigating insurance claims. Victims of rideshare accidents may face medical expenses, lost wages, and emotional distress. If you’ve been involved in a ridesharing accident, you need capable legal help as soon as possible. At BD&J, we’re dedicated to ensuring our clients receive the compensation they deserve.
Common Types of Rideshare Accidents
Rideshare accidents can happen anywhere and occur in various ways, including:
- Collisions involving rideshare vehicles: This is when a rideshare driver collides with another vehicle, pedestrian, or stationary object while transporting passengers or driving to pick up a rider.
- Accidents caused by another driver: In some cases, a third-party driver may be at fault for causing the accident.
- Passenger injuries during a ride: Abrupt stops, unsafe driving maneuvers, or other reckless behaviors by a rideshare driver can lead to passenger injuries.
- Rideshare driver as a victim: Sometimes, rideshare drivers are injured due to another driver’s negligence, requiring legal support to recover damages.
Regardless of the type of rideshare accident you’ve been involved with, seeking legal guidance is the first step to understanding your rights and pursuing appropriate compensation.
Common Causes of Rideshare Accidents
Several things can cause or contribute to rideshare accidents, including:
- Distracted driving: Rideshare drivers often rely on their apps for navigation, ride requests, and communication, increasing the risk of distraction.
- Fatigue: Many rideshare drivers work long hours or multiple jobs, leading to exhaustion that can impair reaction times and decision-making.
- Speeding and reckless driving: To maximize earnings, some drivers may exceed speed limits or take unnecessary risks on the road.
- Inexperienced drivers: Not all rideshare drivers have extensive experience handling high-traffic areas or hazardous road conditions.
- Impaired driving: While rideshare drivers must adhere to safety regulations, there have been cases of drivers operating under the influence of alcohol or drugs.
Common Injuries in Rideshare Accidents
Severe rideshare accidents can cause injuries for drivers, passengers, or pedestrians involved. These injuries range from minor to severe and can include:
- Whiplash and soft tissue injuries: Sudden impacts often lead to neck, back, and muscle strain injuries.
- Broken bones: Collisions may cause fractures in the arms, legs, ribs, or other body parts.
- Head and traumatic brain injuries: Even with seatbelts, passengers may suffer concussions or more severe brain injuries.
- Spinal cord injuries: Damage to the spine can result in long-term disabilities, including paralysis.
- Lacerations and bruises: Impact with hard surfaces inside the vehicle can lead to deep cuts and contusions. These injuries often require extensive medical care and rehabilitation, making it even more important for injured parties to seek legal guidance to recover the necessary financial compensation.
Is Lyft or Uber Always Held Liable?
Determining liability in a rideshare accident can be tricky business. Uber and Lyft classify their drivers as independent contractors, not as traditional employees, which may have the effect of limiting the companies’ liability. The companies do, however, provide insurance coverage under specific conditions:
- When the driver is offline: The driver’s personal auto insurance applies, and the rideshare company isn’t liable for any damages.
- When the driver is online but has no passenger: Limited liability coverage is provided by the rideshare company, provided the contract terms are met.
- When the driver has accepted a ride or is transporting a passenger: The rideshare company provides up to $1 million in liability coverage.
Establishing liability depends on the circumstances of the accident, which is often highly dependent on the details of each incident. Only a lawyer who practices in this area of the law can determine where the liability rests after a rideshare accident.
How Are These Cases Different from Other Car Accidents?
Rideshare accident cases are subtly different from standard cases involving private car accidents in several ways:
- Multiple insurance policies: Depending on the driver’s status at the time of the accident, claims may involve personal and corporate insurance policies.
- Independent contractor status: Unlike commercial drivers, rideshare drivers aren’t direct employees, which impacts how legal claims are pursued and responsibility for costs assigned.
- Complex liability determinations: Responsibility for the crash may be shared among the rideshare driver, another driver, the rideshare company, or a third party, sometimes including the passenger or passengers.
- App data and records: Nearly all rideshare companies equip their drivers with smartphones and other devices. These phones track important data about vehicle location, speed, and sudden starts and stops that could make or break a crash-related lawsuit. Getting these records isn’t easy for people handling a claim on their own, but it’s usually easier for a law office with resources and experience in these cases.
What to Do After a Rideshare Accident?
If you’re involved in a rideshare accident, taking the following steps can protect your rights and strengthen your claim:
- Seek medical attention: Your health is the top priority. Even if injuries seem minor, a medical evaluation should be done right away.
- Report the accident: Contact the police and request an official accident report. This report is typically the definitive record of what happened and who’s to blame.
- Gather evidence: Take photos of the accident scene, vehicle damage, and injuries.
- Collect witness statements: If possible, get contact information from witnesses.
- Report to the rideshare company: Use the Uber or Lyft app to report the incident.
- Avoid giving statements to insurance adjusters: Insurance companies may attempt to minimize your claim.
- Consult a rideshare accident lawyer in San Diego: Legal guidance ensures you receive fair compensation for your injuries and damages.
How a Personal Injury Attorney Can Help
Having a knowledgeable rideshare accident law firm in San Diego on your side can make all the difference in your case. At BD&J, we provide comprehensive legal support by:
- Investigating the accident: Gathering evidence, reviewing rideshare data, and identifying liable parties
- Handling insurance claims: Negotiating with multiple insurers to ensure maximum compensation for you
- Determining liability: Establishing whether the rideshare company, driver, or another party is responsible
- Calculating damages: Evaluating medical costs, lost wages, and pain and suffering
If a fair settlement isn’t offered, we’re prepared to take the case to court. Our experience in handling rideshare accident cases ensures victims receive the justice and financial recovery they deserve.
Get the Help You Need After a Rideshare Accident
Rideshare accidents present unique legal challenges that require skilled representation. From determining liability to negotiating with insurance companies, our team at BD&J is committed to fighting for our clients’ rights. If you or a loved one has been injured in a rideshare accident, don’t try to tackle this complex process alone. Contact our San Diego rideshare accident attorneys today for a free consultation.
