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What is a Rideshare Accident?
A rideshare accident, also known as an Uber or Lyft accident, occurs when a vehicle operated by a rideshare driver is involved in a collision. This can happen while the driver is en route to pick up a passenger, while the passenger is in the vehicle, or while the driver is transporting the passenger to their destination.
Uber and Lyft have increased traffic deaths by 2-3 percent nationally. [1]
In the event of a rideshare accident, it can be complex to determine liability and seek compensation for damages. The driver’s personal insurance may not cover accidents that occur while they are working for a rideshare company, and the rideshare company’s insurance may have limitations as well.
This can leave victims of rideshare accidents unsure of how to proceed with filing a claim for their injuries and damages.
Have you been injured or suffered damages in a rideshare accident in Los Angeles? Contact Goldberg & Loren today for a free consultation. Don’t pay us unless we win!
Causes of Rideshare Accidents
Ridesharing has become a popular mode of transportation in major cities like Los Angeles, offering convenience and cost-effectiveness for passengers. With the rise of ridesharing services like Uber and Lyft, there has also been an increase in rideshare accidents.
These incidents can be caused by a variety of factors, including:
- Distracted Driving: The driver may be distracted by their phone, GPS, or conversations with passengers, leading to an accident.
- Fatigue: Long hours of driving can lead to tiredness and decreased focus, increasing the risk of accidents.
- Inexperienced Drivers: Some rideshare drivers may lack experience and training, which could lead to errors and accidents on the road.
- Reckless Driving: Speeding, aggressive driving, and failure to follow traffic laws can contribute to accidents involving rideshare vehicles.
- Mechanical Failures: Vehicle malfunctions and maintenance issues can lead to accidents, especially if the driver fails to address them promptly.
- Unfamiliarity with Area: Rideshare drivers may be unfamiliar with certain areas, leading to navigation errors and an increased likelihood of accidents.
- Impaired Driving: Some drivers may be under the influence of alcohol or drugs, impairing their judgment and reaction time while driving.
- Weather Conditions: Poor weather such as rain, snow, or fog can make driving more challenging, increasing the risk of accidents for rideshare drivers.
- Inadequate Background Checks: If rideshare companies do not thoroughly vet their drivers, it can lead to higher risks of accidents involving drivers with poor driving records or criminal history.
- Inadequate Insurance Coverage: If the rideshare driver lacks proper insurance coverage, it can create legal and financial complications in the event of an accident.
Common Injuries from a Rideshare Accident
In a rideshare accident, passengers, drivers, and other motorists can suffer a wide range of injuries. Some of the most common injuries from a rideshare accident include:
- Whiplash: It occurs when the head is suddenly jerked forward and then backward, causing strain and damage to the muscles and ligaments in the neck. Symptoms of whiplash can include neck pain, stiffness, and headaches.
- Head and Brain Injuries: In a rideshare accident, passengers and drivers may sustain head injuries from striking their head on the dashboard, windows, or other objects in the vehicle. These injuries can range from concussions to more severe traumatic brain injuries, with symptoms such as dizziness, nausea, and cognitive impairment.
- Back and Spinal Cord Injuries: The force of a rideshare accident can cause serious back and spinal cord injuries, such as herniated discs, fractures, and paralysis. These injuries can result in chronic pain, limited mobility, and long-term disability.
- Broken Bones: The impact of a rideshare accident can cause passengers and drivers to suffer broken bones, such as fractures in the arms, legs, ribs, and pelvis.
- Soft Tissue Injuries: Rideshare accidents can result in soft tissue injuries, such as sprains, strains, and bruising, which can cause pain and limit a person’s mobility.
- Internal Organ Injuries: Blunt force trauma from an accident can cause damage to internal organs, leading to internal bleeding, organ dysfunction, and other serious medical issues.
- PTSD and Emotional Trauma: The emotional impact of an accident can lead to post-traumatic stress disorder (PTSD) and other psychological issues, affecting mental health and well-being.
- Cuts, Bruises, and Abrasions: Minor injuries such as cuts, bruises, and scrapes can occur due to the impact of an accident and contact with objects within the vehicle.
Who is Liable in a Rideshare Accident?
When it comes to rideshare accidents in Los Angeles, determining liability can be complex. In many cases, the rideshare driver may be held responsible for the accident.
Rideshare drivers are considered independent contractors, and their personal insurance policies may not cover accidents that occur while they are working for the rideshare company.
Both Uber and Lyft provide liability insurance coverage for their drivers, which can come into play if the driver’s personal insurance does not cover the damages.
The rideshare companies themselves may also be held liable for accidents involving their drivers. This is because they may be considered negligent in their hiring and supervision of their drivers, or for failing to properly maintain their vehicles.
Other parties may be found liable in a rideshare accident, such as other drivers or even the vehicle manufacturers if a defect in the vehicle played a role in causing the accident.
Table of Contents
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What is a Rideshare Accident?
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Causes of Rideshare Accidents
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Common Injuries from a Rideshare Accident
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Who is Liable in a Rideshare Accident?
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What Should I Do After a Rideshare Accident?
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Compensation from a Rideshare Accident
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How Long Do I Have to File My Uber Accident Claim?
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Los Angeles Rideshare Accident Lawyer Goldberg & Loren
What Should I Do After a Rideshare Accident?
If you find yourself involved in a rideshare accident in Los Angeles, here’s what you should do after:
- Seek Medical Attention: Even if you feel fine, it’s still a good idea to get checked out by a doctor, as some injuries may not be immediately apparent.
- Report the Accident: Contact the police and file a report of the accident. This can help document the incident and provide important evidence for any potential legal claims.
- Exchange Information: Gather the contact and insurance information of all parties involved in the accident, including the rideshare driver and any other drivers or passengers.
- Take Photographs: Document the scene of the accident by taking photographs of the vehicles, any injuries, and the surrounding area. This can help provide valuable evidence for your case.
- Contact the Rideshare Company: Report the accident to the rideshare company involved, whether it’s Uber, Lyft, or another company. They have specific procedures and protocols for handling accidents involving their drivers.
- Seek Legal Advice: Consider consulting with our personal injury attorneys in Los Angeles who have experience handling rideshare accident cases. We can help you understand your rights and options for pursuing compensation for your injuries and damages.
- Keep Records: Keep track of all medical records, bills, and other expenses related to the accident. This can help support any future legal claims for compensation.
Compensation from a Rideshare Accident
In the event of a rideshare accident, various types of compensation may be available to the injured party, including:
- Medical Expenses: This includes coverage for hospital bills, doctor’s visits, medication, rehabilitation, and any other necessary medical treatment for injuries sustained in the accident.
- Lost Wages: Compensation for income lost as a result of the injuries, including wages from missed work, as well as potential future income if the injuries result in long-term or permanent disabilities preventing the individual from working.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, mental anguish, and loss of enjoyment of life resulting from the accident and injuries.
- Property Damage: Compensation for the repair or replacement of personal property or vehicle damage resulting from the accident.
- Disability and Disfigurement: Coverage for permanent impairment or disfigurement resulting from the accident, impacting the individual’s physical abilities or appearance.
- Wrongful Death: If a rideshare accident results in a fatality, compensation may be available to the surviving family members for funeral and burial expenses, loss of financial support, and loss of companionship.
- Punitive Damages: In cases of gross negligence or intentional misconduct by the rideshare driver, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.
How Long Do I Have to File My Uber Accident Claim?
The Statute of Limitations for personal injury claims in California is generally two years from the date of the accident but be aware that there may be other deadlines and requirements specific to rideshare accidents.
In the case of Uber accidents, the company’s insurance policy may have its own deadlines for filing a claim. Report the accident to Uber as soon as possible and begin the claims process promptly. Delaying the filing of your claim could result in a denial of coverage or a reduced settlement offer.
Los Angeles Rideshare Accident Lawyer Goldberg & Loren
Goldberg & Loren is a top-rated law firm that specializes in handling rideshare accident cases in the Los Angeles area.
We:
- Have a proven track record of success representing rideshare accident victims
- Provide personalized attention to each and every client
- Are skilled negotiators and aggressive litigators
- Pursue maximum compensation
We understand the pain and frustration that come with being injured in an accident, and we are committed to providing you with the best legal representation possible. Contact Goldberg & Loren today to schedule a free consultation.
FAQs
The decision to pursue a lawsuit can depend on various factors, including the extent of your injuries, the at-fault party or parties involved in the accident, and the insurance coverage available. A personal injury lawsuit can be initiated, especially if you believe the rideshare driver's negligence or misconduct contributed to the accident.
Rideshare companies typically provide insurance coverage for their drivers, particularly when they are actively using the app and carrying passengers. The coverage may vary based on different stages of the ride, such as waiting for passengers, en route to pick up passengers, or carrying passengers. If the accident occurred while the rideshare driver was on duty, you may be eligible to seek compensation for medical expenses, lost wages, and other damages through the rideshare company's insurance.
Whether your own insurance will cover you in a rideshare accident can depend on a variety of factors, including the specific terms of your policy and the insurance coverage provided by the rideshare company or the driver's insurance. In some cases, personal insurance may provide supplementary coverage if the rideshare driver's insurance or the rideshare company's coverage is insufficient to fully compensate for your injuries and losses.
Source
[1] Study: Uber and Lyft are Increasing Traffic Deaths — Streetsblog USA. (2023, June 16). https://usa.streetsblog.org/2018/10/24/study-uber-and-lyft-are-increasing-traffic-deaths
We fight hard for our clients who have been injured in a rideshare accident in LA. Our personal injury lawyers fight for maximum compensation.
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