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How Does AB5 and Prop 22 Affect Liability in an Uber or Lyft Accident?

Rideshare services, such as Uber and Lyft, continue to garner popularity across many cities in California. Uber and Lyft have apps available to offer riders convenient and easy access when requesting a ride. An estimated pick-up and drop-off time are also provided to give the rider an idea of how long it will take for each task to be fulfilled. Despite these benefits, using a rideshare service can involve potential dangers. With several reports of accidents, sexual assault, and physical assault being released each year, it is important for riders to keep an eye out for any suspicious activities to keep themselves safe from experiencing any foreseeable harm.

Victims of an Uber or Lyft accident are welcomed to contact our qualified California Uber and Lyft accident attorneys at West Coast Trial Lawyers. We have more than 60 years of collective legal experience in handling personal injury cases. With our track record of winning more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case.

To schedule a free consultation, please contact our 24/7 legal team by calling (213) 652-5649 or filling out our quick contact form.

Liability in an Uber or Lyft Accident

Liability is determined based on the amount of negligence that was contributed by all parties involved in an accident. Drivers are required to provide a duty of care, meaning that they must follow traffic laws to maintain a safe environment for others.  Oftentimes, liability isn’t clear, and Uber and Lyft disputes get created.However, if a driver is found violating California’s road rules, they will be faced with legal repercussions, especially if their negligent actions resulted in an accident.

Common types of negligence that have been exhibited by California drivers include the following:

  • Speeding
  • Drowsy driving
  • Drunk driving
  • Drug-impaired driving
  • Distracted driving
  • Aggressive driving

If you were involved in a rideshare accident with a reckless driver, you will be required to show proof of their negligence being the main cause of your injuries and damages. The elements of negligence you must have evidence of include the following:

  • The defendant owed you a duty of care;
  • The defendant breached their duty of care; and
  • You suffered injuries and damages due to the defendant’s negligence

You may also show additional proof of what types of damages you sustained from the rideshare accident. In order to successfully execute a well-constructed personal injury claim, you will need to hire an expert California rideshare accident attorney to assist you. Your attorney will help strengthen your claim and negotiate with insurance companies to ensure you are given a fair settlement offer.

AB5 and Prop 22

Assembly Bill 5 (AB5) was created to classify gig workers, such as rideshare and food delivery drivers, as employees. Once AB5 passed in September of 2019, Uber and Lyft drivers were identified as employees. They were also expected to be provided with employee benefits, such as minimum wage, sick pay, and workers’ compensation. However, Uber and Lyft did not favor this idea as it created a detrimental impact to the way both companies conducted their business practices. As an Uber and Lyft driver, you are also entitled to your own set of rights on what to do after being in an accident as a Uber and Lyft driver.

In response to the passing of AB5, Proposition 22 was formed. The objective of Prop 22 was to reclassify rideshare and food delivery drivers as independent contractors. Uber, along with other in-app services, were involved in this initiative campaign and collected more than $200 million. Prop 22 passed in November of 2020, however, it was later declared unconstitutional by a California Superior Judge. The ballot is expected to make its way to the California Supreme Court to determine whether it should remain effective. Until then, rideshare and food delivery drivers will still be identified as independent contractors.

Since rideshare companies have no association with the unlawful actions committed by their contracted delivery drivers, it can make it difficult to pursue a personal injury claim against them for an accident. You will need to acquire legal assistance from an expert California rideshare accident attorney. Your attorney will assess your case to determine what courses of action should be considered in order to get you the compensation and justice you deserve

Available Damages in a California Rideshare Accident Claim

Those who have gotten into a rideshare accident are entitled to receive compensation for economic and non-economic damages.

Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. It is calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. A few examples of economic damages include medical bills, lost wages, and loss of earning capacity. Based on the liability, Uber and Lyft accident rates may cause an increase in your insurance.”

Non-economic damages are intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. This may include compensation for emotional distress, loss of enjoyment of life, and pain and suffering.

In some cases, a court may also award punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. It is granted if the plaintiff is able to prove that the defendant maliciously or intentionally tried to harm them.

If you are the spouse or child of someone who is killed in an Uber or Lyft accident, damages may include future financial losses, funeral and burial costs, and loss of companionship or support.

West Coast Trial Lawyers Is Here to Help

If you have sustained injuries as a result of someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. Our California Uber and Lyft accident attorneys at West Coast Trial Lawyers can recover compensation for the losses you have suffered.

Contact us today by calling (213) 652-5649 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.

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