California Uber and Lyft Negligence Lawyer
If you have been injured in a ridesharing accident, we can help.
California Ride Share Negligence Attorney
Are you in need of a California Ride Share Negligence Attorney?
Living in California and getting involved in a car accident, especially when you are not the driver, can be quite scary. What if the driver of the accident works for Uber or Lyft? What if the culprit of the accident is the other driver and you are not sure of what to do? What happens then? Do you just walk away from it or rely on the driver to take care of the incident? These are the questions that many face when involved in an accident.
California rideshare services such as Uber and Lyft are becoming more popular every year, but what happens when one of these vehicles is involved in an accident? Although proving fault in a ride-sharing vehicle accident can be difficult, there are a number of ways the driver can be at fault for negligence.
Driver negligence can include types of negligence such as:
- Distracted driving – Using a phone, fiddling with the radio or GPS system, eating, drinking, or talking to other people in the vehicle counts as distracted driving.
- Failure to properly maintain vehicle – Any vehicle used for ride-sharing must be regularly maintained. A vehicle used to transport others must have their fluids, tires, and general conditions checked regularly. Any problems that arise must be fixed.
- Reckless driving – The riders that can be picked up in a session, the more the ride-sharing driver makes. This can incentivize dangerous driving that may cause an accident through negligence.
- Fatigued driving – Driving tired is similar to driving drunk in many ways. If driver fatigue was the cause of your ride-share accident, we may be able to build a case for negligence.
- Failure to adhere to traffic laws – Any driver that ignores the laws of the road is putting others at risk, whether this causes an accident or not. If someone is injured as a result of ignoring traffic laws, then the driver can be liable for their negligent actions.
Who really is at fault for the injury?
This is a tough topic. If not looked over carefully, the wrong person will end up being the victor, and the actual victim will end up being on the wrong side. Normally, when filing a rideshare accident claim, multiple variables are involved, including insurance companies that may confuse and complicate the situation for their own benefit. You think they would have your best interest in mind, but when it comes down to it, they need to protect their own pockets.
The California insurance companies involved are the Uber or Lyft companies, the rideshare driver’s own insurance company, and yours. This trifecta of insurance companies involved can tangle an already confusing mess into one that will leave you not understanding a thing in the end.
Is it possible to sue Uber or Lyft after an accident?
Living in Los Angeles, CA, and getting a positive recovery from Uber or Lyft’s insurance company may be the right option for you. Consider going directly to the rideshare company, rather than dealing with it outside – with the actual rideshare driver. Since Uber and Lyft drivers are technically independent contractors and not employees, it could potentially be difficult to hold the company responsible for their actions. This is precisely why you would need an experienced rideshare accident attorney to help you through this.
When your driver was at fault: For whatever reason, if your California Uber or Lyft driver has any type of commercial insurance or even their own personal auto insurance that covers these type of ride-sharing accidents, your California Uber or Lyft driver’s coverage will go towards your injuries, in the event that there are any. The problem is, most don’t have these types of provisions (coverage). To take this a step further, your California Uber or Lyft driver’s own car insurance most likely has a “business use exception,” which states that damages for any injuries involved from an accident which occur while your California Uber or Lyft driver is working will not be covered. Your driver also most likely won’t have enough funds stored away to make up for your losses, if you decide to go to court. Just going down that path will waste both your time and theirs.
When the other driver was at fault: If the California Uber or Lyft driver was not at fault, but rather the other driver, then what you would be able to do is attempt to take their insurance to court or mediation. The process could be daunting, and without an experienced attorney, you may not be able to recover the damages you are owed.
So, what should you do?
If you’ve suffered injuries in an accident where a ride-share driver was at fault, it’s important to contact a lawyer immediately as you may have a case for negligence. The experienced team of attorneys at Heidari Law Group can help prove that the driver’s negligent actions caused your injuries.