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According to a recent tragic incident reported by the Los Angeles Times, three individuals lost their lives, and several others were hospitalized following a devastating rideshare accident in South Los Angeles. The collision involved an Uber vehicle carrying passengers, highlighting the serious risks associated with ridesharing services in the bustling city of Los Angeles.
Recent studies into the efficiency and safety of ridesharing apps revealed a distressing trend. Research shows that the rate of accidents increases immediately upon the introduction of ridesharing services in different cities. This trend, in large part, is driven due to the direct increase in traffic on the road according to experts.
If you were recently involved in a crash while on a rideshare journey in Los Angeles, then it’s important to know your rights. The benefits of ridesharing may have overshadowed the potential risks since you’re relying entirely on the rideshare driver to drive safely, have the right insurance coverage, and regularly maintain their car.
The good news is that the right Lyft or Uber accident lawyer in Los Angeles can help you navigate all the challenges you’re facing so that you can make an informed decision on how to handle your losses if you do get hurt in a crash. Here at Kermani LLP, our team has the right experience to help you successfully file a claim and pursue justice. Learn everything you need to know about rideshare claims below.
Common Causes of Rideshare Accidents in LA
According to rideshare accident statistics, the most common causes of rideshare accidents center around human error. Under the law in LA, negligence is described as failing to uphold your duty of care and causing an accident. As a driver, you could fail to uphold your duty of care towards others by getting distracted behind the wheel, driving while intoxicated, not paying attention to road signs, or simply ignoring traffic laws.
When it comes to experiencing a ridesharing accident, multiple parties could potentially be responsible for your crash. Below, we’ll get into some of the most common causes of LA rideshare accidents.
A Mistake Made by Your Rideshare Driver
One of the leading causes of rideshare accidents is a mistake made by your rideshare driver. No driver is going to make flawless decisions and driving maneuvers 100% of the time, but this truth doesn’t take away from the fact that a small mistake can cause a devastating, life-altering collision. Rideshare drivers are more likely to get distracted behind the wheel. Rather than simply focusing on driving, your driver is also paying attention to how they’re managing their business. You are a paying customer, and they likely want to get your tip. That said, they might put too much focus on creating a friendly car atmosphere, picking the right music while driving, talking to you, showing you amenities in the car, or doing other tasks instead of focusing on the road. Your driver could also already be looking for their next customer or attempting to use the ridesharing app while driving.
Another Driver’s Error
Since ridesharing journeys occur on public roads, you’re always running the risk of being impacted by another driver’s negligence. An error made by another driver is also a common cause of rideshare accidents. Under these circumstances, you’ll want to make sure to get the other driver’s contact information at the scene of the accident and involve the police.
A Third-Party Element
There are situations where neither the rideshare driver nor the other driver will be considered to blame for an accident. The cause of third-party element crashes isn’t always apparent, so an investigation may have to occur before any conclusions are made. Some of the most common third parties that could be held liable for an accident include a part manufacturer, a car maintenance company, a company that hired a negligent driver, a loading company, or even a governmental agency responsible for maintaining the road’s infrastructure.
How Rideshare Accidents Differ from Typical Car Accidents
A rideshare accident is typically much more complicated than a traditional motor vehicle accident. For one, a rideshare accident involves multiple different parties, including the other driver, the rideshare driver, rideshare companies, and possibly other third parties, too. With such a multitude of potentially liable parties, it will be harder to determine where to look for the compensation you need after an accident. Rideshare safety isn’t just a concern for the independent contractor. Rideshare companies might also be held liable if they are negligent in some way.
Another way that rideshare accidents are more complex is because there are often multiple passengers in an Uber and Lyft ride. When multiple parties are seriously hurt, insurance policy limits might be met quickly, leaving some expenses unmet. If that happens, it’s important to talk to your lawyer about your options.
Legal Challenges in Rideshare Accident Claims
Since rideshare accident claims typically involve so many potentially responsible parties, it’s often difficult to identify liability in rideshare accidents. One of the biggest legal challenges with rideshare companies is the way that the rides are designed to confer liability to the rideshare driver. Many rideshare drivers aren’t fully informed about their responsibility to obtain specific car insurance that will cover their passengers in the event of a crash.
There are some major Uber and Lyft accident differences that come into play if you get into a crash. Lyft usually has a higher standard of care, meaning it’s harder to hold them liable after a crash. For instance, you can drive for Uber in some states without having a car inspection, but Lyft requires all drivers to submit to this requirement. By doing their due diligence in ensuring every car is seemingly safe, Lyft reduces their legal liability for many accidents revolving around car safety.
What to Do If You Get Involved in a Rideshare Accident
Knowing what to do after an accident will prove to be very helpful if you experience a rideshare accident. You might think it’s best to simply let the drivers handle things on their own, but you might have to step in to protect your rights if the other drivers don’t want to report the accident. In general, you should always call the police to report the crash if you’re hurt.
Compensation You Can Seek After a Los Angeles Rideshare Accident
Rideshare accident injuries range from mild to permanent and even fatal. That said, the damages you’re eligible to collect after your accident will hinge on the specifics surrounding your case. In general, the awarded compensation for rideshare accidents matches what you’ve lost, and it rarely ever exceeds the extent of your losses.
To properly consider the value of your claim, you’ll want to add up the sum of your economic losses, including things like your medical bills, lost wages, and the expenses you’re likely to incur in the future recovering from your injury. Next, you’ll want to consider if you have any non-economic losses, like emotional distress.
Navigating Insurance in Rideshare Accidents
One of the biggest rideshare insurance issues surfaces when your rideshare driver didn’t have the right policy to cover your accident. Since rideshare drivers are considered independent contractors, they’ll need to secure a business car insurance policy. A traditional policy typically won’t cover a business-related transportation accident.
If you get a call from an insurance agent, then you need to be very cautious while talking to insurance adjusters. These agents have an incentive to deny and minimize your claim, so it’s better to have an attorney field these phone calls for you if possible.
Statute of Limitations for Filing a Rideshare Claim in Los Angeles, CA
While you do have the right to file a claim after an accident that isn’t your fault, these rights don’t last forever. The statute of limitations for rideshare accidents is currently two years from the date of the accident in Los Angeles.
Why Hire a Rideshare Accident Attorney from Kermani LLP?
When searching for legal representation for rideshare accidents, you’ll want to be sure to hire an attorney who has specific experience handling Lyft and Uber claims. Without the right experience, a Los Angeles Lyft accident attorney will need to spend time reviewing the ridesharing contracts, insurance policy coverage limits, and other details that our attorneys have already spent the last decade reviewing and re-reviewing.
Our Experience with Uber & Lyft Accident Claims
Our team here at Kermani LLP came together in 2011 to start litigating cases together. Our attorneys are passionate about seeking justice by helping our clients leverage the law and their legal rights to their advantage. Since you didn’t play any part in causing the rideshare accident, you deserve full coverage for your injuries. Let us help elevate you and get the compensation you need to move on from the ordeal.
Schedule a Free Consultation with a Rideshare Accident Lawyer
Experiencing a Lyft or Uber accident is distressing, even when the situation isn’t that serious. Unfortunately, there are times when the collision is traumatic and causes significant injuries. In these situations, you might find yourself coping with your medical expenses. On top of being hurt, you might not be able to return to work right away. If your injuries are serious, then you might also need a lengthy recovery period.
What can you do to cope financially in the meantime?
You can pursue financial justice by getting in touch with a Los Angeles Uber accident attorney as soon as possible. Here at Kermani LLP, we understand the situation you’re facing, so we won’t charge you any upfront fees to talk to you about your case or represent you.
Schedule a call to talk to one of our attorneys about your situation and we’ll help you get a better understanding of your legal rights and options moving forward.
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Frequently Asked Questions
What insurance covers Uber and Lyft accidents in California?
Rideshare companies like Uber and Lyft do not employ drivers. Everyone who drives for Uber or Lyft is considered an independent contractor. As independent contractors, drivers, under the law, are considered business owners. That said, they are responsible for obtaining the proper insurance policies that would cover passengers in the event of an accident.
Unfortunately, not every driver takes out the right insurance policies, so when an accident happens, they may not have the right coverage. Even if they do have coverage, it might not be enough to fully cover the extent of all your losses.
If you’re struggling to get the right coverage, Uber or Lyft’s insurance might be a viable option.
Can I sue Uber or Lyft directly for my injuries?
It depends. Sometimes, you can sue Uber or Lyft directly for your injuries. You will need to exhaust all your other options for recovery, though. Your first source of recourse must be the independent contractor’s insurance policy. If another driver was at fault, then you’ll first need to attempt to pursue compensation from their insurance policy. Uber and Lyft can also be sued directly if the companies were negligent in some way.
What if my rideshare driver was under the influence?
If your rideshare driver was under the influence at the time of your accident, then they will be held legally liable for the crash. They could also be held criminally responsible for the crash if the authorities discover the intoxication at the crash scene. If you suspect that intoxication may have played a role in the accident, then inform the police at the scene right away. Police will be able to investigate the possible intoxication and arrest the driver at the scene. You can use the arrest as evidence of negligent driving if you pursue a claim later.
How do multiple-party liabilities affect a rideshare accident claim?
Are multiple parties potentially liable in your situation? If so, then courts will attempt to assign each party a specific percentage of fault. Each party will be financially responsible for their respective percentage of fault. For instance, if courts determine that you’re 25% responsible for an accident, your rideshare driver is 50% to blame, and a third-party driver is 25% at fault, then you'll need to pay 25% of your losses on your own. The rideshare driver will pay 50%, and the third-party driver will pay 25%.
How can an attorney help in a rideshare accident case?
Hiring a rideshare accident attorney is a massive advantage if you plan on pursuing a compensation claim. An attorney will be able to use their knowledge of the law to fully inform you regarding your options and legal rights. If you choose to pursue a claim, then your attorney will assist you in properly analyzing your losses, valuing your claim, compiling the right evidence you need to succeed, filing the right paperwork, negotiating with the other party, and maximizing your overall settlement award. Without an attorney’s assistance, you’ll need to do everything on your own, including researching the law and learning how to leverage it properly to your advantage.
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