What happens if you’re hurt in a rideshare accident? It’s a good question and one faced by increasing numbers of people choosing to take advantage of rideshare apps like Uber and Lyft.
Rideshare is extremely popular throughout California, but also raises unique legal questions for the protection of your rights in the event of a personal injury lawsuit. If you were hurt in an accident caused by someone else’s negligence, you may be eligible to recover compensation.
Preparing a strong claim is essential to protecting your legal rights. The right attorney can make a big difference in the outcome of your claim, whether it involves another driver, someone operating a vehicle for work, another third party who could be liable, or even a rideshare driver.
Rules for Rideshare Drivers to Limit Accidents
Rideshares are included in a category of regulations that impact transportation network companies such as Uber and Lyft. There are legal requirements for these companies and their drivers. For example, the drivers must be at least 21. There must be accessibility plans for passengers with disabilities. Vehicles must be inspected every 50,000 miles or every year, and drivers must not accept street hails. Drivers must, of course, follow all road rules and laws.
Who Might be Liable for Rideshare Accidents in California?
It may seem simple enough that one driver would be held at fault in most vehicle accidents. However, the reality is often much more complicated. You may not even know what caused the accident until days or weeks later, when you’ve read the police report and had an opportunity to inspect the scene of the accident or work with a qualified personal injury lawyer. Because of the complex factors involved in rideshare accidents, it is in your best interest to communicate with a lawyer who is familiar with this as soon as possible.
Any of the following parties could be held liable in an accident, depending on the specifics of the case. This can include another driver, the rideshare company, the rideshare driver, a maintenance or manufacturing company, or government agencies. For example, government agencies can be held responsible for inadequate signage for road conditions or non-operating traffic equipment.
What is the Impact of Comparative Negligence Laws?
Another thing to consider is the comparative negligence law, which should prompt you to gather evidence as soon as possible in your case. What is California’s comparative negligence law? It is possible that one person is responsible for the accident, but it may also be alleged that more than one entity or person is liable for the incident. Liability can then get divided between all parties considered at fault. Both drivers, for example, may be partly at fault if someone was speeding or under the influence of alcohol at the same time someone else ran a red light.
In these cases, a percentage of blame is assigned to each party, and you may end up filing claims with more than one insurance company depending on this.
What Conditions Must Be Met in a Rideshare Case?
Two conditions must be present for you to file a claim with the rideshare company’s insurance. The first is that the driver was actively using the rideshare app, and that the driver was on their way to pick up an accepted ride or already had the passenger in the car with them. This is Uber’s policy, and other rideshares may have similar requirements and policies.
How Do I File a Claim After an Accident Involving a Rideshare Driver?
Several steps can be taken to protect your legal rights after an accident. Contact the police to get a police report. Contact the rideshare company. Contact a personal injury lawyer, and collect evidence such as footage from nearby security cameras, photos and videos of non-operational traffic signs or weather conditions, medical records, bills, and statements from eyewitnesses. Take action as soon as possible after the incident to protect your legal rights. You have no longer than two years from the date of the accident to file a legal claim. This timeline is shorter if any of the liable parties in your lawsuit includes a city, county or state government agency.
Let our California personal injury lawyers support you in a rideshare claim.
