Ridesharing Accidents Can Lead to Serious Injury
Services from companies like Lyft and Uber have skyrocketed in popularity over these past years as many people in California appreciate ridesharing as a convenient way to get around. With the rise in the number of rideshare drivers and vehicles on the road, crash incidents are also increasing throughout the state.
If you or someone you care about has been injured in an accident involving a rideshare driver, you will want legal representation from a California attorney who knows the ins and outs of personal injury law and car accident claims. The Law Offices of Michael D. Payne will work tirelessly to get you the justice and compensation you deserve.
Immediately After the Crash
What steps should you take after you’ve been involved in an Uber or Lyft accident in California? Similar to most other types of car crashes, there are a series of things you should do to promote both your physical safety and your option for legal recourse. Ensure you contact the local police department or the California Highway Patrol to obtain a police report, as well as any necessary medical attention on the scene. Many ridesharing apps also provide a space to report accidents involving their drivers, so use that service if it is available. The records that are created during this initial stage will be important for any claim you make in the future.
Another crucial step is to seek medical attention even if you think your injuries are minor. Many injuries do not fully manifest for hours or even days after an accident. Some of the most common types of car accident injuries include:
- Broken bones
- Whiplash
- Traumatic brain injuries
- Neck and spine damage
- Cuts and contusions
- Internal organ damage
- Paralysis
Getting immediate medical care to assess the severity of damage that has occurred from the collision is the best option to keep you safe and healthy. It is also a good way to create a valid record of how the crash affected you and will potentially affect you later on. Emergency department records, medical diagnoses, aftercare instructions, and imaging test results can all be persuasive and helpful pieces of evidence in your rideshare accident case.
Determining Fault
If you are in a collision with an Uber or Lyft driver, some of the at-fault requirements are the same as any other type of vehicle crash. California, like many states, uses negligence as a baseline for fault in car accidents. If the rideshare driver was negligent in their duty of care, they could be found liable or at fault for the crash. Negligence and duty of care are based on the following:
- Was the driver required to operate the vehicle with reasonable care?
- Did the driver fail to use this level of care?
- Was the driver’s negligence in their duty the reason you were injured?
If the answer to all of these questions is yes, there is a good chance that they are at fault for the accident and for your injuries. However, car accident cases can get complicated when a company is involved, and rideshare companies make it even more complex because of their business structure. If you have questions about your case or claim, Michael D. Payne is happy to answer them. We have 30 years of experience working on personal injury cases and has provided legal commentary on CNN. Mr. Payne and his expert legal team can help you navigate this difficult situation and get you on the path to physical, emotional, and financial recovery after your accident.
Rideshare Accidents and Responsible Parties
Many people injured in a Lyft or Uber accident wonder about their options in filing a lawsuit against the company. The tricky part in these situations is that rideshare drivers are generally not employees of the companies they drive for. These drivers usually work and provide rideshare services as independent contractors, adding an extra layer of complexities to an already challenging situation.
The specifics of how these cases are handled depends, in part, on what capacity the driver was acting in at the time of the accident. Were they on duty? If not, and they were merely driving their vehicle off the clock for their own personal reasons, then the rideshare company will likely not get involved at all. If the driver was transporting a passenger for Uber or Lyft at the time of the collision, or if they were registered on the rideshare app as on their way to pick someone up, then the situation changes. These rideshare companies generally have commercial car insurance policies that cover up to $1 million in damages in the event the driver’s personal insurance does not offer sufficient coverage.
Compensation for medical expenses, lost wages, loss of future income, and property damages is possible in personal injury and rideshare accident cases. The types of damages you can and should seek will vary based on your individual circumstances but knowing how to approach the insurance claim or lawsuit is essential. Going through the driver or rideshare company’s car insurance is the route most often taken in these cases, but there are exceptions.
If you are looking for a uniquely qualified car accident attorney in California to work with, reach out to the Law Offices of Michael D. Payne. As a former insurance company lawyer, Mr. Payne has first-hand experience and knowledge of how the other side builds their case and uses this to help his clients secure compensation. You don’t pay any legal fees unless your case is won, so call 888-964-1530 or visit http://mikepaynelaw.com/ to schedule a free consultation.