
Fullerton Uber and Lyft Accident Lawyer
Rideshare services, like Uber and Lyft, have transformed the way we travel, providing a wide variety of benefits that make transportation easy and convenient. Fullerton residents and visitors are given the opportunity to book a ride at any given time, avoiding delays and hassles with taxis or parking.
However, as these services become more popular, they can also introduce certain risks. With the high demand of requests, vehicle presence on the road will continue to increase. This can contribute to traffic congestion, while also raising the probability of rideshare accidents. A wide variety of factors can lead to such an outcome, ranging from driver negligence to road hazards.
If you were involved in an accident with an Uber or Lyft driver and are seeking legal assistance, West Coast Trial Lawyers is here to help. Our Fullerton rideshare accident lawyers are readily available to take a look at your situation to determine whether you have a valid case. If so, we will proceed with the filing process and work diligently to ensure you are granted maximum compensation to cover any losses you incurred due to the incident.
With over 20 years of experience handling personal injury claims and over $1.7 billion recovered in settlements on behalf of our clients, we are confident that our team will get you the best outcome possible.
We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your lawsuit. To schedule a FREE consultation with one of our personal injury attorneys, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our convenient online contact form.
Common Causes of Uber and Lyft Accidents
Uber and Lyft accidents can happen due to various reasons, often involving driver errors or poor road conditions. Let’s take a look at each one below.
Distracted Driving
Rideshare drivers have the legal duty to ensure riders are safe throughout the full duration of a trip. Although they are required to use electronic devices, like a cell phone, to fulfill work-related duties, it should be done hands-free or voice-operated to minimize distractions. If they fail to pay attention to their surroundings, they will go against their responsibilities, and may be punished, especially if they get into a collision.
Driver Fatigue
Rideshare drivers are given a flexible schedule, meaning that they can choose when to go online. Some may prefer an easy, short shift, whereas others will want to work during peak hours (late at night or during high demand periods). This can influence them to commit to online availability for a lengthy duration of time. Even though this decision will benefit them financially, it can affect their ability to remain awake or alert due to lack of sleep, and as a result, can increase the likelihood of a rideshare accident.
Under the Influence
Uber and Lyft both enforce a zero-tolerance drug and alcohol policy. This restricts rideshare drivers from taking harmful substances that can interfere with their driving skills.
Common symptoms that may appear shortly after consumption include the following:
- Slow reaction times
- Poor decision-making
- Lack of concentration
Those who are under the influence during a trip can be reported to the respective rideshare company’s critical response team. Uber and Lyft also encourage riders to contact local authorities or the non-emergency assistance line, if necessary.
Road Hazards
Road hazards, like potholes or debris, can cause rideshare drivers to lose control, especially if they are traveling at high speeds or in poor weather conditions. Construction zones are also likely to impact their ability to travel safely, as waste and litter can contribute to abrupt braking and swerving.
Given the circumstances, if the government entity in charge of the property or the contractors fail to meet safety standards, they may be faced with legal repercussions for any injuries or damages that occur as a result of their negligence.
Mechanical Errors
Rideshare vehicles that contain mechanical errors are dangerous to operate, and can break down at any given moment. This type of issue typically arises due to poor maintenance or mistakes made during the manufacturing process. Usually, rideshare companies, like Uber and Lyft, will enforce vehicle requirements to ensure the safety of the driver and rider.
But, in some cases, a vehicle can progressively become dysfunctional, specifically if it is not being properly maintained by the registered owner. If no update is issued to the company about a faulty part, accidents are bound to happen. Liability will also fall on the driver for overlooking the defective component.
There are various factors that can contribute to accidents caused by mechanical issues, making it a complex situation. But, with the help of a Fullerton rideshare accident lawyer, they can identify the at fault party based on the information presented and pursue legal action on your behalf to get you the compensation you deserve for your losses.
Other Road Users
Road users, like other drivers or cyclists, that exhibit negligence can force a rideshare driver to make sudden maneuvers, increasing the risk of an accident.
Common Injuries After a Rideshare Accident
Bodily harm in the aftermath of a rideshare accident will vary depending on the force of the impact, Some common injuries include the following:
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
Symptoms will not be apparent immediately after the incident, which is why it is important to seek medical attention as soon as you can to detect conditions early and have it treated right away.
What to Do After an Uber or Lyft Accident
An Uber or Lyft accident can be overwhelming. Although it is easier said than done, try to do the steps sectioned below to ensure your safety and better your likelihood of acquiring a fair settlement.
Contact Local Authorities
Evaluate yourself and the other parties involved. If you notice injuries or damages, contact local authorities. Police will shortly arrive at the accident scene and develop a written report. Paramedics will also be present to provide medical care to affected victims.
Seek Medical Treatment
Even if you believe that your injury was minimal, you should still get yourself examined by a medical professional. They will perform imaging tests, and if any notable concerns arise, they will diagnose the problem and establish a treatment plan to help with your recovery. All of your visits, prescriptions, and/or surgical procedures will be documented, and can be used as proof that you sought out medical care due to bodily harm caused by the rideshare accident.
Exchange Information
You should exchange contact, insurance, and vehicle information with all parties involved in the collision.
Gather Evidence
Try to gather substantial evidence, like:
- Photographs or video footage of your injury, damages, and the accident scene
- CCTV footage
- Witness statements
- Driver information
- Trip details
- A copy of the police report and your medical records
Report the Crash to the Rideshare Company
Contact Uber or Lyft through the app or dial their customer support. Their trained staff will review the situation and reach out to check on you. They will also request additional information to understand what factors ultimately contributed to the rideshare accident.
Consult with a Fullerton Uber and Lyft Accident Attorney
Seeking professional advice from a Fullerton Uber and Lyft accident attorney can benefit you in several ways. If you are unsure of what approach to take after the incident, they will explain what your legal rights and options are. In addition, they will:
- Identify the liable party
- Negotiate with the insurance company
- Represent you in court if your case heads to trial
- Get you maximum compensation to cover any losses you endured from the crash
Rest assured, with the right legal representation, you can focus on your recovery while they fight on your behalf to ensure you get the justice you deserve.
Who Is Responsible for an Uber or Lyft Accident?
Determining the responsible party in a car accident is based on negligence, and this also applies to rideshare accidents. If a driver’s reckless behavior led to the collision, then they will be held liable for damages incurred.
To prove liability, victims will be required to show the following:
- The defendant owed you a duty of care
- The defendant failed to uphold their duty of care
- The defendant’s carelessness caused you to sustain injuries
- You suffered losses, like medical expenses or lost wages, as a result of the event
Under the pure comparative negligence rule, all parties will be assessed to identify accountability for the rideshare accident. Even if you are partially liable, you can still recover compensation. But, it will be adjusted according to your percentage of fault.
For instance, if the total cost of damages is $100,000 and you were 20 percent at fault, you will be given an estimate of $80,000.
Uber and Lyft Accident Insurance Coverage
Uber and Lyft have insurance coverage available for drivers, passengers, and third parties involved in a rideshare accident. But, it will become effective depending on the driver’s status at the time of the collision.
Let’s go through each phase below.
Offline
Only the driver’s personal insurance will apply.
Online and Available for Trips
Uber and Lyft third party liability insurance will cover the cost of injuries and damages in at least the following amounts:
- $50,000 per individual
- $100,000 per accident
- $25,000 for property damage
Online and En Route or on a Trip
Uber and Lyft will provide extensive insurance coverage for rideshare drivers. This includes:
- At least $1,000,000 for property damage and injuries to riders or others if the driver is at fault
- Contingent collision and comprehensive coverage for vehicle repair fees up to the car’s actual cash value (with a $2,500 deductible). This applies regardless of fault, and will be effective if the driver’s personal insurance includes comprehensive and collision coverage.
Available Damages in a Uber or Lyft Accident Case
Damages available in an Uber or Lyft accident case will differ based on the unique factors presented. Usually, the following elements will be considered when determining the settlement value:
- The severity of your injury
- Percentage of fault
- Current and future medical bills
- Lost wages and earning capacity
To get an estimate of what you may be entitled to in a rideshare accident claim, you can use our personal injury settlement calculator by inputting the losses you incurred as a result of the crash.
Generally, economic damages and non-economic damages are awarded.
Economic Damages
Economic damages are tangible losses you sustained as a result of the rideshare accident, like:
- Hospital fees
- Lost income
- Property damage
Non-Economic Damages
Non-economic damages are intangible losses that are difficult to measure in monetary terms, such as:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Schedule a FREE Consultation with West Coast Trial Lawyers Today
Rideshare accident victims are entitled to file a claim against the responsible party to recover compensation. At West Coast Trial Lawyers, our Fullerton Lyft and Uber accident lawyers can step in to handle any legal complexities that may arise while you recover with a peace of mind.
To schedule a FREE consultation with an experienced personal injury lawyer, you can reach out to our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.
Uber and Lyft Accident Law FAQ
Are Uber and Lyft Safe?
Uber and Lyft have both shared safety reports indicating the number of cases involving fatalities, along with physical and sexual assault.
From 2021 to 2022, Uber experienced the following:
- 153 car accident deaths
- 36 physical assault fatalities
- 2,717 cases of sexual assault and misconduct
Lyft’s data, on the other hand, covers 2020 to 2022, and includes the details below:
- 111 deaths caused by a motor vehicle accident
- 23 fatalities due to physical assaults
- 2,651 cases of sexual assault
According to research developed by the University of Chicago’s Booth School for Business, auto accident deaths have risen since rideshare services were launched in 2010. They further went on to claim that the demand for Uber and Lyft have resulted in more cars on the road, thus increasing road congestion and motor vehicle collisions.
To ensure riders are safe during trips, both rideshare companies have implemented multiple safety measures. Some of these include the following:
- Background checks will be administered to check for criminal history and driving violations
- In-app safety features, like sharing trip details and emergency assistance buttons, are accessible to riders
- Ride verification is provided to verify driver details before getting into the vehicle
- A two-way rating system is offered to both parties, and will remove low-rated users from the platform
Are Uber and Lyft Drivers Employees or Independent Contractors?
In July 2024, the California Supreme Court ruled unanimously that Uber and Lyft drivers are classified as independent contractors, ending nearly four years of court battles. Under Proposition 22, gig workers are granted some benefits, like:
- Guaranteed minimum earnings of 120 percent of minimum wage
- Healthcare stipends
- Occupational accident insurance
- Accidental death insurance
How Long After an Uber or Lyft Accident Can Injuries Appear?
Injuries after an Uber or Lyft accident can either appear immediately after the crash or sometime later. Some people are expected to have symptoms delayed within hours, days, or even weeks depending on the extent of the injury.
As previously stated, you should seek medical attention as soon as possible to get yourself checked by a professional. Even if you do not feel any pain, it is still heavily encouraged for you to do this. You will either find something that could have worsened had you not gotten it evaluated, or nothing at all, but a sense of relief knowing that you are okay.
In addition, you can also use these services as evidence in your claim, proving that you sought out assistance from a medical facility for bodily harm sustained as a direct result from the rideshare accident. If you delay this process, the other party could argue that your injury was not as serious as you claimed or that it could have been caused by another factor.
What Happens if I Was Not Wearing a Seat Belt During the Rideshare Accident?
If you were not wearing a seat belt during a rideshare accident, your compensation may be reduced for going against a California law, specifically CVC 27315. This regulation clarifies that all occupants of a moving vehicle 8 years and older have to use a safety belt. The intent for this is to reduce the number of highway deaths and injuries.
Failing to comply may result in fines and potentially other penalties. This includes some of the following:
- Adults will be charged $162
- $490 will be administered if a child under 16 is not properly restrained
- If the parent is not in the vehicle, the driver will get ticketed for not putting a seat belt on the child
What Is the Statute of Limitations to File a Rideshare Accident Claim?
A rideshare accident falls under personal injury, meaning that you are given two years to pursue legal action against the at fault party. Although it may seem like enough time to fulfill your duties, you should still act promptly to ensure you have significant evidence and the right personal injury lawyer on your side.
Failing to complete these tasks in a timely manner could cause delays. And if you happen to exceed the time limit, you will no longer be entitled to secure compensation.
