
Fresno Uber and Lyft Accident Lawyer
Uber and Lyft have created convenient and accessible transportation options that have benefited the way people travel. Although it continues to rise in popularity, many have expressed concern over its safety. This particular issue is emphasized in Uber and Lyft transparency reports, sharing the number of accidents that have taken place in the years provided. Such clarity has allowed the public to understand the risks associated with such services.
In the event that another driver or passenger is involved in a rideshare accident, they may be entitled to sue to recover damages. At West Coast Trial Lawyers, our skilled Fresno legal team has over 20 years of experience handling personal injury cases, including Uber and Lyft accidents. We have a strong track record of delivering client satisfaction, and are confident that with our efforts, we will provide quality services that meet or exceed your legal needs and expectations.
To book a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our easy online contact form.
What Can Cause a Rideshare Accident?
Rideshare accidents can be caused by several factors. Let’s examine each one in the sections below.
Distracted Driving
A rideshare driver is expected to keep their eyes on the road at all times to ensure they transport a passenger to their destination without getting into a collision. However, certain factors may influence them to look away. This includes:
- GPS navigation
- App notifications
- Adjusting the radio
Doing either of these actions, even for a second, can affect a rideshare driver’s ability to quickly detect abrupt traffic changes or road hazards.
Impaired Driving
Impaired driving can cause a rideshare driver to experience the following:
- Lack of coordination
- Poor judgement
- Slow response rate
Experiencing either of these will make it more likely for a rideshare driver to lose control over the vehicle or have a difficult time following traffic signs or signals.
Road Hazards
Potholes, debris, and uneven pavement can impact a rideshare driver’s ability to properly control their vehicle since it can trigger:
- Tire blowouts
- Reduced traction
- Loss of control
As a result, the rideshare driver may experience an accident that will compromise the passenger’s safety and push them back from fulfilling requests on time.
Poor Vehicle Maintenance
Manufacturing errors may harm a vehicle’s performance. Certain faulty components that can increase the likelihood of a collision include:
- Brake failure
- Flawed tires
- Steering issues
- Faulty wiring
These defects can create challenging circumstances for a rideshare driver. For instance, if a brake is unresponsive, it will be nearly impossible for a vehicle to be stopped in time to prevent a crash.
Common Rideshare Accident Injuries
Bodily harm after a rideshare accident will vary depending on the severity of the impact. Some common injuries that are likely to occur include the following:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal injuries
What to Do After an Uber or Lyft Accident in Fresno
Getting into an Uber or Lyft accident can be stressful. But, taking the steps listed below can ensure your safety and help you build a strong claim against the opposing side.
Contact Law Enforcement
If you see any injuries or damages, you should reach out to your local law enforcement for emergency assistance. Once they arrive at the accident scene, they will conduct a police report. Paramedics may also be present to provide immediate medical care to those who sustained bodily harm.
Collect Evidence
Be sure to gather the following evidence:
- Photos of your injury and the accident scene
- CCTV footage
- Witness information
- A screenshot of your trip details
- Messages you exchanged with Uber or Lyft
- A copy of the police report and your medical records
Seek Immediate Medical Attention
If you suffered injuries, regardless of whether it was minor or severe, due to the Uber or Lyft accident, you should get yourself checked by a medical professional as soon as possible. They will assess your condition and determine whether you may need short- or long-term care to recover. All of your visits, medical prescriptions, and surgical procedures will be documented and saved on file. These can be used as evidence in your rideshare accident claim.
Report the Rideshare Accident
Reach out to the rideshare company the assigned driver was working under and let them know about the accident. You will have to provide details about the trip, like:
- Date
- Time
- Location
You will also need to mention what happened, and could be asked to share additional information pertaining to the accident. This will allow Uber or Lyft to determine what would be the best approach to take to ensure the situation is resolved properly.
Hire a Fresno Uber and Lyft Accident Lawyer
A Fresno Uber and Lyft accident lawyer can guide you through each stage of the legal process to ensure you make no mistakes that can affect your settlement value. They will achieve this by doing the following:
- Determine who is legally responsible for the rideshare accident
- Help you understand which Uber or Lyft insurance policy is in effect
- Gather evidence and develop a well-constructed claim
- Negotiate with insurance companies to secure maximum compensation on your behalf
- Represent you in court if your case heads to trial
Uber and Lyft Rideshare Insurance Coverage
Rideshare insurance coverage is established to provide financial safety to drivers and passengers in the event of a collision. This will apply only if the driver was active at the time of impact. Let’s take a closer look at each scenario below.
When the Rideshare Driver was Offline
If the incident happened offline, the driver’s personal insurance policy will apply.
When the Rideshare Driver was Online
If the collision happened while the rideshare driver was waiting for a ride request, they may be entitled to, in at least, the following amounts:
- $50,000 per individual
- $100,000 per accident for bodily injury
- $25,000 for property damage
When the Rideshare Driver was On Route
If the incident occurred while a rideshare driver was en route or on a trip, the following may apply:
- At least $1,000,000 for property damage and injuries
- Uninsured/underinsured motorist coverage
- Personal Injury Protection (PIP)
- Medical payments coverage
- Comprehensive and collision coverage (only if the rideshare driver has this included in their personal insurance)
Are Rideshare Drivers Employees or Independent Contractors?
Under Proposition 22, rideshare drivers in California are classified as independent contractors. This allows them to work their preferred schedule with certain benefits included, like:
- Healthcare stipend
- Workplace injury protections
- At least a 120 percent of minimum earning guarantee
This status also distances Uber and Lyft from claiming responsibility for the accident. However, in some cases, a claim can be brought against them. For instance, if either rideshare company implemented negligent hiring practices or failed to fire a dangerous driver, they could be held accountable for damages.
Pursuing a claim against Uber or Lyft is not an easy task to complete and may come with an onset of legal challenges. To learn whether you have a valid claim, you will need to gather evidence and present it to a rideshare accident attorney. Once your consultation has ended, you will then understand whether to proceed with the filing process.
How to Determine Liability in a Fresno Uber or Lyft Accident
To determine liability, you will need to obtain substantial evidence and present it to a rideshare accident attorney. Once they have evaluated the information provided, they will identify the responsible party. From there, your legal representative will help you build a well-constructed claim against the opposing side to better your likelihood of obtaining a favorable settlement.
Since California follows pure comparative negligence law, shared fault is possible. If you contributed to the collision, you may still be entitled to recover compensation. However, it will be reduced based on your level of recklessness. For instance, if total damages are $60,000 and you are 20 percent at fault, you may be awarded an estimate of $48,000.
Potential defendants in a rideshare accident claim may include the following:
- Uber or Lyft driver
- Rideshare company
- Vehicle manufacturer
- Government entity
- Other road users, such as motorists or bicyclists
Rideshare Accidents and Wrongful Death
Much like a car accident, a rideshare crash can lead to fatal results. In such a case, the deceased person’s surviving family members can file a wrongful death lawsuit to recover financial compensation. Under California Civil Code of Procedure 377.60, the following individuals may be entitled to pursue this type of claim:
- Spouse or domestic partner
- Children
- Grandchildren
- Anyone entitled to inherit the decedent’s property according to California intestate succession laws
Recoverable damages may include medical expenses, funeral and burial costs, and emotional distress. You will need to gather strong evidence to prove negligence and have your wrongful death claim submitted within two years from the date of the victim’s passing or when their death was discovered (under the discovery rule).
What Damages Are Available in a Fresno Uber or Lyft Accident?
Various types of factors can affect the settlement value of an Uber and Lyft accident case. Some of these include the following:
- The extent of your injuries
- Current and future medical expenses
- Lost wages and earning capacity
- The amount of negligence contributed by all parties involved
To get an idea of what you could be awarded, you can use our personal injury settlement calculator by entering the losses you sustained as a result of the motor vehicle collision.
Typically, economic damages and non-economic damages are granted in a rideshare accident settlement. Under rare circumstances, punitive damages will also be given.
Economic damages are financial losses you incurred due to the incident, like medical bills and lost wages. Non-economic damages, on the other hand, are subjective, non-monetary losses, such as:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Punitive damages are designed to punish the wrongdoer for their outrageous behavior and to prohibit similar conduct from occurring in the future. It has been awarded in about 5 percent of verdicts. To prove punitive damages, you will need to demonstrate how the defendant’s actions were malicious or intentional.
Our Fresno Uber and Lyft Accident Lawyers Are Here to Help
Rideshare accident victims are eligible to file a personal injury claim against the opposing side to recover damages. At West Coast Trial Lawyers, we are readily available to evaluate your case, develop a personalized approach, negotiate with insurance companies, and represent you in court, if needed, to secure fair compensation on your behalf.
To set up a FREE consultation with an expert Fresno rideshare accident lawyer, you can reach out to us by calling (213) 927-3700 or completing our convenient online contact form.
Fresno Uber and Lyft Accident FAQ
How Long Do I Have to File a Lyft or Uber Accident Claim?
Accidents involving Uber or Lyft fall under personal injury. This means that you will be given two years from the date of the event to file a claim against the at fault party. Be sure to gather substantial evidence to support your claim, and to hire a knowledgeable Fresno rideshare accident lawyer to represent you.
Delaying either of these tasks will cause setbacks, thus putting you at risk of exceeding the time limit provided. If this happens, you will no longer be eligible to pursue compensation for the losses you incurred.
Can Uber or Lyft Deny Responsibility After an Accident?
Uber and Lyft can deny responsibility after an accident. Since both companies classify their drivers as independent contractors, it limits direct liability on them in most cases. But, they do offer insurance coverage if their drivers were actively accepting or fulfilling trips when the crash occurred.
That said, Uber and Lyft can try to deny or lessen responsibility by arguing that the driver’s negligence was the reason behind the crash or the injured party was partially at fault.
If you were in a rideshare accident, it is important to reach out to a Fresno Uber and Lyft accident attorney to understand your rights and the legal options you have available.
How Are Uber and Lyft Accidents Different From Standard Car Crashes?
Rideshare accident cases are more complex compared to standard car crashes. This can be due to various reasons, like:
- Driver status
- Tiered insurance policies
- More parties are involved
Victims involved in an Uber or Lyft accident often face obstacles when determining liability and receiving fair compensation. Due to these challenges, seeking guidance and support by an expert rideshare accident attorney is important. Acquiring legal representation can help you hold the responsible party accountable and give you a higher likelihood of full financial recovery.
