Rideshare Accident Attorneys in Carlsbad California
You may be entitled to money damages after an accident with a rideshare service like Uber or Lyft.
Rideshare companies provide commuters an easy and innovative solution for transportation. Instead of scheduling a cab or catching a bus, a person can simply connect with a local driver with just the touch of a button. Although Uber and Lyft have made the process and ride more convenient, their drivers are not immune from traffic accidents.
With over 500,000 drivers in California, Uber and Lyft are involved in an increasing number of accident claims. A study of rideshare companies from 2014 to 2106 determined that there were 9,388 claims related to rideshare accidents. During this period, insurance companies paid out $185.6 million in compensation to the victims. These statistics indicate that each of the more than nine-thousand rideshare accident claims averaged approximately $20,000 in compensation.
File a Uber or Lyft Accident or Injury Claim with the Support of an Experienced Law Firm
You have the right to seek compensation for your injuries as a rideshare injury victim. The process of pursuing monetary compensation is extremely challenging without the help of an attorney with experience dealing with Uber and Lyft, and their insurance companies. Depending on the facts of your individual case, you may need to bring a claim against the rideshare company and/or a third-party. Your chances of obtaining fair compensation from a rideshare company can increase greatly by hiring a knowledgeable personal injury attorney to advocate for you.
Savage Law is dedicated to helping injury victims obtain the medical treatment and compensation they deserve following an accident. The firm takes pride in using the law in favor of its clients against the big companies and corporations who minimize the value of injury cases. The Carlsbad Uber & Lyft accident attorneys at Savage Law are skilled and relentless in resolving cases without filing a lawsuit and going to trial. Contact Savage Law for passionate legal representation.
Who Is at Fault for Causing a Rideshare Auto Accident?
There can be multiple people or entities that are liable for causing a rideshare car accident. It is extremely important to bring a personal injury claim against the correct parties, and against all of the parties responsible for your damages. A thorough investigation of the rideshare accident will help the victim determine who to name as defendants in his or her injury claim.
The investigation includes looking into what vehicles were involved in the accident, who was driving the vehicles, and who is financially responsible for those drivers. Depending on what caused the collision and who was driving the different vehicles, it is possible that multiple insurance policies will cover your losses. The different causes of rideshare car accidents are:
- Your rideshare driver struck another vehicle;
- Another driver struck your rideshare vehicle; or
- You were struck by a person operating their vehicle as a rideshare at the time of the accident.
Establishing Liability Following a Rideshare Accident
Rideshare companies like Uber and Lyft require their drivers to use personal vehicles, which is different from traditional taxicab companies. These unique systems of travel have presented new legal challenges when it comes to establishing liability.
California law requires automobile drivers to use reasonable care in operating their vehicles. To receive money damages in a personal injury case, the plaintiff must show that the at fault drivers were negligent. Negligence is the failure to use reasonable care to prevent harm to yourself or others. An injured party must prove the following four elements of a negligence claim to be successful against the rideshare company or the third-party driver:
- The defendant owed you a reasonable duty of care;
- The defendant breached their duty of care;
- The defendant’s breach of duty was a substantial factor in causing your injury.
- Your injury resulted in actual damages.
Rideshare Liability Insurance Coverage Requirements
California law requires rideshare companies to carry specific insurance policy limits that will cover their drivers, passengers, and third parties in the event of an automobile accident. The minimum amounts of insurance coverage are provided in California Vehicle Code §5433. The insurance requirements vary based on the status of the driver at the time of the accident, and are categorized into four periods:
When a rideshare driver has not logged in to the rideshare app, the rideshare company’s insurance policy will not cover your damages. Instead, the driver’s personal auto insurance policy will cover your injury and property damages from an accident. California law requires all drivers to carry a minimum of $15,000 in bodily injury liability per person, and $30,000 per accident.
When the rideshare driver has logged in to the rideshare app, but the driver has not yet accepted a ride request. The rideshare company’s insurance will cover your damages during this period. California law requires the rideshare companies to carry a minimum of $50,000 in bodily injury liability per person, and $100,000 per accident. The rideshare company is also required to carry at least $200,000 in excess liability insurance coverage for this period.
Periods 2 & 3
When the rideshare driver accepts a ride request, period 2 begins. Once the driver picks up a passenger, period 3 begins. Period 3 ends when the driver ends the ride. The driver goes back into Period 1 until accepting another ride request or logs out of the rideshare app. California law requires the rideshare company to carry at least $1,000,000 in insurance coverage for personal injury or death claims arising during periods 2 & 3.
It is very common for rideshare companies and the driver’s personal insurance carrier to fight liability in a personal injury claim. The rideshare company may even attempt to avoid liability by blaming their driver for the accident. Under current law, the insurance policy of the rideshare company must be first in line to cover the victim’s damages.
Recover the Compensation You Deserve Following a Rideshare Accident
If you have been involved in an auto accident involving a rideshare service, you have an opportunity to recover monetary compensation for your damages. Filing a rideshare auto accident claim is a challenging process that demands experience and legal knowledge. California’s statute of limitations requires a personal injury claim to be filed within two years from the date of the accident. Speak to a qualified personal injury attorney who will assist you in investigating your case, establishing liability, and fighting for maximum compensation.
The Uber & Lyft injury attorneys at Savage Law are experienced in handling rideshare car accident cases. The firm’s attorneys know how to challenge the tactics used by rideshare insurance companies to avoid responsibility and devalue your case. Savage Law is aggressive and persistent in resolving rideshare injury cases without having to file a lawsuit and go to trial. If you were in a rideshare auto accident, consider obtaining the legal support of Savage Law today.