Visalia Uber and Lyft Accident Lawyer

Rideshare services like Uber and Lyft have become a routine part of daily life for people who rely on public transportation to travel to and from Visalia. It provides convenience and accessibility with just a tap of a button. However, as its demand increases, so do the number of vehicles on the road. Unlike traditional car accidents, rideshare crashes include multiple layers of liability and insurance coverage, making the problem even more complicated to handle.

Injured victims are often confused about who to blame, how to file a claim, and what compensation they can recover. At West Coast Trial Lawyers, our Visalia personal injury lawyers can navigate you through the claims process by establishing fault and communicating with insurance companies to ensure your rights are protected, while also prioritizing your best interests.

With more than 20 years of experience handling personal injury cases and over $1.7 billion in settlements recovered, you can trust us to fight tirelessly on your behalf and secure the compensation you are entitled to.

Our law firm operates under a contingency-fee basis, meaning you do not owe any legal fees upfront. Instead, we only get paid if we win your case. To book a FREE no obligation consultation, you can reach out to our legal team by calling (213) 927-3700 or filling out our easy online contact form.

Common Causes of Uber and Lyft Accidents

Uber and Lyft accidents can be caused by several factors. Let’s take a closer look at each one in the sections below.

Distracted Driving

Uber and Lyft drivers rely on their smartphones to help them navigate through unfamiliar neighborhoods, respond to rider requests, and communicate with riders via the app. Obviously, frequently interacting with the app can cause distractions, making it difficult to focus on abrupt movements or obstacles, thus increasing the likelihood of car crashes.

To maintain safe road conditions, all drivers must comply with the following California laws:

• CVC 23123: Prohibits drivers from using a handheld wireless telephone behind the wheel unless it allows hands-free listening and talking.
• CVC 23123.5: Drivers cannot read, write, or send text messages while operating a vehicle unless hands-free voice-operated features are used.
• CVC 23124: Drivers under 18 are not allowed to use a wireless electronic device regardless of hands-free operation.

Failing to follow these regulations may heighten the likelihood of a collision. In the event that this happens, car accident victims may be eligible to file a personal injury claim against the responsible party to recover financial compensation. 

Acquiring legal representation by a local car accident attorney can improve your chances at receiving fair compensation as they thoroughly understand Visalia traffic laws and are equipped to handle insurance claims and liability disputes.

Speeding

Rideshare drivers may feel compelled to speed in order to make it in time for pick ups and drop offs. This aggressive behavior can impact reaction time. Under CVC 22350, all drivers should use reasonable judgement based on the conditions presented. This applies even if they are traveling under the posted limit.

Driver Fatigue

Fatigue may often arise if inadequate sleep is involved. Unlike traditional commercial drivers, a rideshare driver is not subject to comply with strict hours-of-service regulations, meaning that they can operate a vehicle for extended periods without adequate rest. These conditions can affect a driver’s ability to safely navigate the road by impairing:

• Reaction time – When you’re tired it’s harder to respond quickly to sudden changes on the road.
• Decision-making ability – You’re more likely to make poor or risky decisions, such as misjudging distances or speeds.
• Attention – It’s harder to stay alert, increasing the risk of missing important signs or hazards.
• Focus – Fatigue causes one to struggle to concentrate on the road. It’s easier to get distracted or mentally check out.
• Motor coordination – Drowsiness impairs coordination, making basic driving tasks like steering or braking less precise.

Road Hazards

Potholes, debris, and uneven pavement can obstruct the roadway, causing rideshare drivers to make sudden brakes or steer into another lane to avoid a collision. Given the circumstances, liability may fall on the property owner or government entity who failed to address the issue or warn others about it to prevent accidents from occurring.

Driving While Under the Influence

Drunk driving is one of the most dangerous causes of car accidents. Whether it is a rideshare driver or another motorist, alcohol impairment can substantially increase the risk of a crash. It can tamper with your coordination and motor skills and also reduce your attention to the road. Under CVC 23152, legal repercussions will be met if either of the following is violated:

• Driving while under the influence of any alcoholic beverage and/or drug
• Driving with a blood alcohol concentration (BAC) of or above 0.08 percent
• A BAC of 0.04 percent or higher if a passenger for hire is in the vehicle

Poor Vehicle Maintenance

Rideshare drivers are required to get their vehicles inspected by Uber or Lyft every 12 months or after driving 50,000 miles, whichever comes first. This must be done by a licensed mechanic, and will need to include checks on:

• Brakes
• Tires
• Lights
• Suspension

It is very important to get vehicle inspections done periodically to ensure the safety of the rideshare driver and passengers. If poor maintenance is involved, Uber and Lyft will typically remove themselves from taking responsibility, placing the burden on the drivers. But, if there is proof that either of these companies failed to enforce inspection requirements or ignored reports of unsafe vehicles, shared liability may be possible.

Types of Rideshare Accident Injuries

Rideshare crashes can lead to a wide variety of accident-related injuries. The extent of bodily harm will vary depending on the intensity of the impact and the type of collision. Below are some common forms of physical injury that may occur:

• Broken bones
• Neck injuries
• Spinal cord injuries
• Traumatic brain injuries
• Soft tissue injuries

Regardless of whether you suffered minor or severe injuries, you should get yourself checked as soon as possible. Any delays could worsen your condition. Furthermore, the opposing side may argue that what you suffered is not as serious as you claimed or that it could have been caused by another factor.

Steps to Take if You Are a Passenger in a Rideshare Accident

Getting into a rideshare accident as a pedestrian can be overwhelming. Knowing what to do after will help you protect your health and your legal rights. It will also give you the ability to build a strong personal injury claim against the responsible party.

Below are some key steps you should consider taking if you find yourself in such a situation.

Reach Out to Local Authorities

If you notice anyone with a serious injury or if emergency assistance is needed, you should contact local authorities as soon as possible. Police will arrive shortly after and conduct a written report at the accident scene. Paramedics will also be present to assist injured parties.

Seek Medical Care

After the rideshare accident, you should get yourself assessed by a physician. They will examine your condition through imaging tests to determine its severity. Once a diagnosis has been formed, they will create a personalized medical treatment plan to help with your recovery. All visits, medical prescriptions, and surgical procedures will be documented and saved on file. You can use this as proof if you are planning on pursuing a rideshare accident claim against the at-fault party.

Gather Evidence

Some important pieces of evidence you should incorporate into your case include the following:

• Photos of your injury, damages, and where the incident took place
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Exchange Information

Try to get everyone’s contact, vehicle, and insurance information.

Contact the Rideshare Company

Be sure to report the rideshare accident to Uber or Lyft. They will take a look at the situation and determine how to approach it effectively. You may be contacted during the investigation process if additional information is needed.

Speak to a Visalia Uber and Lyft Accident Lawyer

Rideshare insurance policies can be confusing to navigate on your own. An experienced lawyer will assess your case, establish fault, negotiate with the insurance adjuster, and represent you in court (if needed) to defend your rights while giving you time to focus on healing without added stress.

Determining Liability in an Uber and Lyft Accident Case

Determining liability in an Uber and Lyft accident can be challenging due to the unique factors involved. Unlike a typical car accident, rideshare crashes can include the following parties:

• The driver
• Another motorist
• Rideshare company
• Government entity
• Vehicle manufacturer

One of the most important factors you will need to consider when establishing fault is learning what the rideshare driver’s status was at the time of impact. Whether they were logged into the app, waiting for a ride request, or en route or on a trip, the driver’s status can affect responsibility and what type of insurance coverage will apply.

In cases where another motorist is at fault, their insurance will need to cover the cost of damages they caused. However, if multiple parties share accountability for the rideshare accident, liability will be divided based on percentage of fault under California comparative negligence law.

With legal complexities involved in a rideshare accident claim, it is important to have a personal injury attorney on your side who understands how to handle such insurance policies and local regulations.

How Insurance Works in a Rideshare Crash

Rideshare companies, like Uber and Lyft, provide three distinct periods with each of them determining what kind of insurance will apply:

• Offline: The driver’s personal auto insurance policy will be used to cover damages.
• Online and waiting for a ride request: Uber and Lyft may provide limited liability coverage, which includes $50,000 per individual/$100,000 per accident for bodily harm/$25,000 for property damage.
• En route or carrying a passenger: Full commercial coverage may apply, up to $1 million in liability insurance.

If you are a passenger in the rideshare accident, you may be covered by the $1 million liability policy. If another driver is at fault and is either uninsured or underinsured, Uber or Lyft’s UM/UIM coverage will go into effect. Personal injury protection (PI) and medical payments coverage (MedPay) are also available regardless of fault.

Wrongful Death in an Uber or Lyft Accident

Wrongful death happens when an individual passes away because of someone else’s negligence. Surviving family members may be entitled to recover compensation by filing a wrongful death claim. Under California Civil Code of Procedure 377.60, the following parties may pursue legal action:

• Spouse or domestic partner
• Children
• Issue of deceased children
• Anyone who would be entitled to the property of the decedent by intestate succession

Survivors may acquire compensation for:

• Medical bills
• Funeral and burial expenses
• Loss of financial support
• Loss of companionship

Available Compensation for Rideshare Accident Victims

Recoverable compensation for rideshare accident victims will vary due to the unique factors associated with each case. The settlement value will depend on:

• The severity of your injury
• Percentage of fault
• Current and future medical expenses
• Lost wages and earning capacity

To learn what you could be entitled to, you can enter the losses you sustained in our personal injury settlement calculator.

Typically, the following damages may be awarded:

• Hospital bills
• Lost income
• Emotional distress
• Pain and suffering

Involved in a Rideshare Accident? West Coast Trial Lawyers Can Help

Injured victims in a rideshare accident are eligible to pursue legal action against the at-fault party by filing a claim. At West Coast Trial Lawyers, our Visalia team has knowledge and expertise in personal injury law. We will evaluate your case and identify liability. From there, we will negotiate with the insurance company to get you a reasonable settlement offer. If, for whatever reason, an agreement cannot be reached, we will defend your rights in court. 

To set up a FREE consultation with one of our experienced personal injury attorneys, you can connect with us by calling (213) 927-3700 or completing our convenient online contact form.

Visalia Uber and Lyft Accident FAQ

How Do I Sue Uber and Lyft?

Suing Uber or Lyft is possible. However, legal complexities may be involved since rideshare drivers are classified as independent contractors. This practically limits either company from their legal responsibility in case of an auto accident. It can be difficult to prove fault unless they committed negligent hiring practices or failed to suspend drivers who have received negative reports on their services.

Can You Sue Lyft if Your Driver Crashes?

You can sue Lyft if your driver crashes. However, you will need to demonstrate how the rideshare company’s negligence contributed to the incident. If they did either of the following, you may have grounds to file a claim:

• Hire someone with a bad driving record or rough criminal history
• Ignore complaints made by passengers
• Perform negligent hiring or training practices

These circumstances are often complicated and may require the help of a Lyft accident attorney to develop a strong claim.

How Much Can You Sue Uber for an Accident?

The amount you recover in an Uber accident claim will vary based on the extent of bodily harm you incurred, who is at fault, and what insurance coverage may apply. In most cases, you may be granted financial compensation through the company’s $1 million insurance policy. 

The following will affect the value of your settlement:

• Current and future medical expenses
• Lost income or earning capacity
• Emotional distress
• Pain and suffering

The more severe your injury is, the more likely you are to sue for high financial compensation. As previously stated, Uber can be directly liable only if they exhibited clear negligence. To secure fair compensation, you should speak to a Visalia Uber accident lawyer. They will handle negotiations, gather evidence, and advocate on your behalf every step of the way to ensure you do not settle for something less than what you deserve.