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California Rideshare Injury Attorneys

What is a Rideshare Injury Lawyer?

Steps to Take When You Are a Victim of a Rideshare Injury

Liability in Case of Rideshare Injury

Common ride share injuries

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Frequently asked questions

Who is liable for my injuries in a rideshare accident?

Liability in rideshare accidents can be complex and often hinges on the driver’s status at the time of the incident. If the driver was actively using the rideshare app or transporting passengers, Uber or Lyft may be held liable under California law due to their vicarious liability for their drivers’ actions. However, if the driver was off-duty or not logged into the app, their personal insurance would typically cover damages. In such cases, proving negligence on the driver’s part becomes essential, as you may need to pursue a claim against their personal auto insurance.

What insurance covers my damages?

Uber and Lyft provide varying levels of insurance coverage based on the driver’s status during an accident. When a driver is logged into the app but not yet matched with a passenger, there is $50,000 in liability coverage per person and $100,000 per accident. Once a passenger is in the vehicle, coverage increases to $1 million for bodily injury and property damage. It’s important to note that this coverage applies only if the driver is at fault. If the driver is not logged into the app at all, you will need to rely on their personal auto insurance for compensation.

Can I sue Uber or Lyft directly?

Generally, you cannot sue Uber or Lyft directly for accidents caused by their drivers because they classify these drivers as independent contractors rather than employees. This classification limits liability for actions taken by drivers while working. However, if you can demonstrate that Uber or Lyft was negligent—for instance, by failing to conduct proper background checks or maintaining safety protocols—you may have grounds for a lawsuit against the company itself.

What should I do immediately after a rideshare accident?

After a rideshare accident, your first priority should be safety. Call 911 to report the accident and seek medical attention for any injuries, even if they seem minor at first. Next, document the scene by taking photos of vehicle damage and any visible injuries. Collect information from witnesses and note details about the rideshare driver and vehicle. Report the incident to the rideshare company through their app and file a police report for official documentation. Finally, consult with a rideshare injury lawyer to understand your rights and legal options.

How long do I have to file a claim?

In California, you typically have two years from the date of your accident to file a personal injury claim under California Code of Civil Procedure § 335.1. This time frame can vary based on specific circumstances, such as if you were a minor at the time of the accident or if you were injured due to government negligence (which has shorter deadlines). It’s crucial to act promptly and consult with an attorney who can help ensure your claim is filed within this timeframe.

Can I recover compensation if I was partially at fault?

Yes, California follows a comparative negligence rule which allows you to recover compensation even if you were partially at fault for the accident. However, your total compensation may be reduced by your percentage of fault in causing the accident. For instance, if you are found to be 20% at fault and your damages amount to $100,000, you would receive $80,000 in compensation after deducting your share of fault.

What damages can I recover?

In a rideshare injury claim, you may recover various types of damages depending on your situation. These can include:

  • Medical Expenses: Costs related to hospital visits, surgeries, rehabilitation, and ongoing medical care.
  • Lost Wages: Compensation for income lost due to time off work while recovering from injuries.
  • Pain and Suffering: Damages awarded for physical pain and emotional distress resulting from the accident.
  • Property Damage: Costs associated with repairing or replacing damaged property (like your vehicle).
  • Future Damages: If your injuries result in long-term effects or disabilities, you may also seek compensation for future medical expenses and lost earning potential.

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