
Valencia Uber and Lyft Accident Lawyer
Rideshare companies, such as Uber and Lyft, continue to maintain popularity by providing convenient transportation services that can be accessed through smartphone apps. It is considered as a faster alternative to taxis and public transportation. Despite these benefits, its ongoing demand has led to an increase in the number of drivers on the road, making it more likely for accidents to occur.
The aftermath can be overwhelming to handle. But, with the help of a personal injury law firm, like West Coast Trial Lawyers, you can ensure that your case will be handled with the expertise and care it requires. Our Valencia Uber and Lyft accident attorneys will guide you through each stage of the legal process, from assessing losses to negotiating with insurance companies, to get you the compensation you deserve.
With more than 20 years of experience handling personal injury cases and a strong track record of delivering client satisfaction, we are confident that our services will meet or exceed your expectations. No matter what kind of rideshare accident you have been involved in, our legal team will be there every step of the way to ensure you receive justice and fair compensation for your injuries.
Our team runs on a contingency-fee basis, you owe us nothing unless we successfully settle your lawsuit. To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our quick online contact form.
Common Causes of Uber and Lyft Accidents
Uber and Lyft accidents can be caused by several factors. Let’s take a look at each one.
Distracted Driving
Rideshare drivers rely on smartphones for navigation, understanding trip details, and to communicate with passengers. As a result, they are often interacting with a smartphone to fulfill work-related duties. But, multi-tasking while operating a vehicle can be challenging, and especially illegal if an electronic device is being held. Under CVC 23123, drivers cannot use a wireless telephone unless it allows hands-free listening and talking.
To minimize distracted driving, Uber and Lyft drivers are encouraged to enable voice commands and lessen non-essential notifications, or use audio cues instead of reading off the alerts presented on the phone screen.
Fatigue
Rideshare drivers are given flexible schedules due to their status as an independent contractor. Some will go online when convenient and others will consider peak times to maximize earnings. Common busy times are during:
- Morning commutes
- Evening trips
- Special events
- Weekend nights
Focusing on these specific factors will require a rideshare driver to adjust their sleeping habits to ensure they are prepared for possible extended shifts due to the influx of requests they may receive. Without sufficient breaks, physical and mental exhaustion could set in, making it difficult for a rideshare driver to remain alert of their surroundings during a trip.
Speeding
Uber and Lyft apps provide estimated pick up and drop off times to all users to give them a heads up on how long it will take for the rideshare driver to arrive and for their journey to complete. Although this is a benefit for the individual requesting a trip, the rideshare driver will need to show up at or near the time displayed. Should they show up late, it can drastically affect their driver rating and ability to earn big tips after completing a trip.
To avoid this problem, many rideshare drivers will feel compelled to speed to meet the expected times presented. This approach is dangerous as it can limit the ability to react promptly to abrupt road changes, thus increasing the likelihood of collisions. No matter what their reasoning may be, there is no justification to speed through the streets or highway and violate California vehicle laws.
Common Rideshare Accident Injuries
Rideshare accidents can contribute to a wide range of injuries, from minor wounds to life-threatening conditions. Some include the following:
- Broken bones
- Head injuries
- Traumatic brain injuries
- Neck injuries
- Internal injuries
Other than physical harm, mental anguish, like post-traumatic stress disorder is also likely to occur. Accident victims who have experienced such a crash may progressively develop intense fear, leaving them with lasting emotional scars.
Steps to Take After a Rideshare Accident
After a rideshare accident, it is important to consider doing the steps sectioned below to preserve crucial information that will help strengthen your personal injury claim.
Contact Local Authorities
Report the rideshare accident to local authorities, especially if there are injuries and damages involved. The police will arrive and conduct a written report. Paramedics will also show up to provide medical treatment to those who need it.
Exchange Information
Be sure to exchange contact, insurance, and vehicle information with all parties involved in the collision. The rideshare driver will also need to provide their Uber or Lyft profile details and the ride number (or trip ID).
Seek Medical Attention
Medical care immediately after a rideshare accident is crucial. Some forms of bodily harm do not show symptoms right away. A professional evaluation will uncover underlying injuries, which can progressively worsen if no proper treatment is applied to the affected area(s).
Preserve Evidence
Try to gather the following evidence:
- Photos of your injury, damages, and accident scene
- CCTV footage
- Witness statements
- A copy of the police report and your medical records
Hire a Valencia Rideshare Accident Lawyer
Hiring a legal representative can make the lawsuit more manageable. At West Coast Trial Lawyers, our Valencia rideshare accident attorneys will evaluate the information provided and identify fault. From there, we will protect your rights and ensure you do not miss critical deadlines that could affect your ability to acquire a fair settlement.
Who Is At Fault in a Rideshare Accident?
Establishing fault in a rideshare accident will require victims to collect significant evidence that demonstrates the following elements of negligence:
- The defendant owed you a duty of care
- The defendant failed to uphold their duty of care
- The defendant’s reckless behavior was the direct cause of your injury
- You suffered losses, like medical bills and pain and suffering, as a result
Under California’s comparative negligence law, all parties will be assessed to determine percentage of fault. If you are partially responsible for the incident, you can still recover compensation, but the awarded value will be reduced accordingly. For instance, if the defendant accounted for 70 percent of the crash and you contributed to 30 percent, compensation will be adjusted by your share of fault.
Potential defendants in a rideshare accident case may include the following:
- Rideshare driver
- Government entities
- Other road users, like drivers, pedestrians, or cyclists
Are Uber and Lyft Safe?
Uber and Lyft have both publicly shared safety reports, indicating the number of fatal collisions and assaults that have occurred over the past few years. Let’s take a look at the data provided.
Uber
Uber’s 2021 to 2022 safety report presents the details listed below:
- 153 motor vehicle fatalities
- 36 deadly physical assaults
- 2,717 reports of sexual assault
The rideshare company further goes on to mention how they saw an increase in physical assault cases compared to the previous report. Sexual assault had a decrease of 22 percent.
Lyft
Lyft’s 2020 to 2022 transparency report reveals the following details:
- 111 motor vehicle fatalities
- 23 fatal physical assaults
- 2,651 instances of sexual assault
The rideshare company noted that deadly crashes are at a 14 percent increase in rate per 100 million vehicle miles traveled, and a 31 percent increase in incident frequency rate compared to the previous report.
Physical assaults also grew by 185 percent in incident frequency rate. But, sexual assault cases decreased by 21 percent.
Are Uber and Lyft Drivers Employees or Independent Contractors?
Under Proposition 22, Uber and Lyft drivers are classified as independent contractors. They are considered self-employed and are not entitled to employee benefits, like:
- Health insurance
- Paid time off
- Workers’ compensation
So, if a rideshare accident occurs, Uber and Lyft will not be directly responsible for it. The driver will bear accountability for their own actions. But, both companies can provide coverage depending on whether job-related tasks were being performed moments before the impact.
What Happens if My Uber or Lyft Driver Gets Into an Accident?
If you were involved in an accident with an Uber or Lyft driver, liability insurance coverage may apply depending on the phase of the trip.
Offline
You will not be covered during this period, and will have to use your own personal auto insurance.
Online and Waiting for a Ride Request
If you were available for a trip when the collision occurred, third-party liability insurance may apply to cover injuries and damages in at least the following amounts:
- $50,000 per individual
- $100,000 per accident
- $25,000 in property damage
En Route to Pick Up or Drop off a Rider
In this phase, insurance will cover at least $1 million in property damage and injuries if you were at fault for the rideshare accident. This can also include first-party coverages, like:
- Uninsured or underinsured motorist coverage
- Personal injury protection (PIP)
- MedPay
- Occupational Accident Coverage
If a rideshare driver has comprehensive and collision coverage on their personal auto policy, Uber and Lyft will maintain contingency comprehensive and collision coverage up to the actual cash value of the vehicle (with a $2,500 deductible).
Statute of Limitations to File a Rideshare Accident Claim in Valencia
Under personal injury law, rideshare accident claims will need to be filed within two years from the date of when the incident occurred. Try to have significant evidence at hand and a reliable Valencia personal injury attorney on your side to better your chances at securing maximum compensation. Failing to fulfill your legal duties on time can cause delays. And if you happen to exceed the deadline, you will lose your opportunity to sue.
Compensation Available in Uber or Lyft Accident Cases
Uber and Lyft accident cases involve unique challenges, meaning that all victims will be granted a specific settlement value based on the following factors:
- The extent of your injury
- Percentage of fault
- Current and future medical costs
- Lost income and earning capacity
To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by inputting the losses you sustained as a result of the rideshare accident. Usually, compensatory damages are granted in personal injury claims, and are categorized into: economic damages and non-economic damages.
Economic damages are financial costs you incurred from the collision, including:
- Medical expenses
- Lost wages
- Property damage
Non-economic damages, on the other hand, are subjective, non-monetary losses, like:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Schedule a FREE Consultation with a Valencia Personal Injury Attorney Today
Injured victims of a rideshare accident are given the right to sue to seek compensation. At West Coast Trial Lawyers, our Valencia rideshare accident attorneys are readily available to assist. We will protect your rights and advocate on your behalf to ensure you are awarded fair compensation.
We provide legal services in cities throughout Los Angeles County, including Valencia. To schedule a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.
