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Rideshare services such as Uber or Lyft are a convenient way to get from point A to point B. . In the event of an accident, as an injury victim, you have the right to pursue compensation from parties who are liable for your injuries in a rideshare accident. But determining the liable parties often requires the help of a lawyer.
Below is some general information on rideshare liability and what you can do if you or a loved one has been injured or tragically killed in a rideshare accident in California. If you have questions or are ready to file a claim, contact MKP Law Group, LLP for a free consultation.
Is California an “At-Fault” State for Car Accidents?
California is an at-fault state, which means that if a driver causes an accident, they are financially responsible for any damages that result, including medical bills, damage to the vehicle, lost wages, pain and suffering, or even burial and funeral costs. If multiple parties are to blame, then they could share liability.
What Happens If Your Uber Crashes? (90/17)
Many people assume that rideshare services are less prone to accidents because their drivers spend so much time on the road. But the truth of the matter is that the vast majority of Uber and Lyft drivers have received very little training, and though they may be considered “professional drivers,” many have very little driving experience. How you sustain your injuries could play a role in what you do next.
If You’re Injured as a Passenger in an Uber or Lyft
The most important thing to do following an accident in an Uber or Lyft is to get to safety. If your injuries are significant, call 911 and seek medical attention. Otherwise, call the non-emergency police line and wait for their arrival. They will conduct an investigation (which should trigger a police report), interviewing all witnesses and documenting the scene. You should do this as well; take pictures of the crash site, your injuries, and damage to the vehicle. Exchange information with witnesses and the drivers involved with the crash, including your rideshare driver. Finally, you’ll also want to report the accident with the rideshare service you used by calling the customer service line.
If You’re Injured in Another Vehicle
If you were the driver or passenger in a vehicle that was hit by an Uber or Lyft driver, the process will be similar. Prioritize your safety and seek immediate medical attention if necessary, and follow the same procedures as any other vehicle collision. Contact the police to create a traffic report and document the scene. Then, seek a medical evaluation. This is important even if you believe your injuries are minor; some injuries, such as spinal, neck, or head injuries, do not display symptoms immediately. It’s also important for filing a personal injury claim through the insurance company as medical records are an essential form of evidence.
If You’re Injured as a Cyclist or Pedestrian
Lastly, if you’re hit by an Uber or Lyft driver while walking or cycling, you’ll almost certainly want to seek medical attention right away. Call 911, report the accident to dispatch, and complete a medical evaluation. If safe to do so, document the scene of the accident and your injuries while you wait for the ambulance to arrive. Once you’ve been seen by a medical professional, keep track of all medical records and contact an Uber and Lift accident lawyer to review your legal options.
What Is the Liability Limit for Uber and Lyft?
Rideshare services are typically required to have liability insurance for when their service results in an injury or death due to an accident. However, their insurance policies have eligibility requirements and are limited to certain settlement amounts depending on the details of the accident. Here are some general estimates of these limits:
Off-Duty driver: If you’re involved in an accident with an off-duty driver, Lyft and Uber’s insurance will typically not offer any settlement. In these cases, the driver themself is typically held liable and any insurance payout will come from their driver’s insurance policy.
On-Duty driver who hits another car or pedestrian: If you’ve been hit by an on-duty Lyft or Uber driver, the company’s liability insurance will typically cover up to $50,000 in medical bills per person and $30,000 in property damage.
On-Duty driver with a passenger: In cases where an on-duty Uber or Lyft driver gets into an accident with a passenger in the car, the passenger can pursue up to $1,000,000 in coverage, and possibly more depending on the policy and the level of injury.
Note: you may be able to offset your immediate medical costs with MedPay coverage, even as a cyclist or pedestrian. Our Uber and Lyft accident lawyers in Los Angeles can explain more.
When Can You Sue Lyft for an Accident? (90/0)
Car accident cases are somewhat challenging on their own, but when an Uber or Lyft driver is involved, it can further complicate things. One of the primary reasons for this is that rideshare drivers are considered independent contractors, which means that the drivers themselves are often considered the liable party and not the rideshare service. So, even though rideshare services typically hold liability insurance, they will likely try to claim that the driver is responsible for paying damages, even if the driver was on duty at the time.
The good news is that there may be some room for interpretation regarding liability in rideshare accident cases through California Civil Code Agency Section 2295, which is often used to protect workers from being misclassified as independent contractors. This code specifies the difference between an agent (an individual who is directed by a person or business to work or perform tasks) and an independent contractor (who typically works independently of the business or individual). Of course, each scenario is unique, and section 2295 may or may not apply depending on the circumstances of the contractor’s relationship with the rideshare service.
Lastly, in some rideshare accident cases, there may be evidence that shows the rideshare company was primarily responsible for the accident and not the driver. For instance, if Lyft or Uber directed their driver to do something illegal and this caused an injury, the service might be held liable.
Let Our Los Angeles Uber & Lyft Accident Lawyers Help
Regardless of how the accident took place, the important thing is to act quickly with the help of a professional. Our Los Angeles Uber and Lyft accident lawyers are effective negotiators and have secured millions of dollars in settlement awards for our clients. Let us give your case the attention it deserves. Contact MKP Law Group, LLP for a free consultation today.
