Were you hurt in a crash involving a rideshare driver? Don’t hesitate to call Omega Law Group Accident & Injury Attorneys for help with your case. Founded in 2016, our attorneys have what it takes to represent you as your rideshare accident lawyer in Oakland.
Instead of handling your legal case by yourself, you can rely on us to serve as your Oakland car accident lawyer and pursue a favorable outcome in your case. We focus on putting our clients first. Always! Let our family take care of your family.
How Attorneys Can Help With Your Oakland Rideshare Accident
After a rideshare collision, you may have questions that involve several different areas of California law:
- Who caused the crash?
- Was the driver logged into the app?
- Had a ride been accepted?
- Was a passenger already in the vehicle?
- Which insurance policy applies?
- What happens if another motorist caused the collision?
An Oakland personal injury lawyer can investigate the police report, medical records, photographs, witness accounts, available video footage, rideshare records, insurance information, and other evidence that can help establish what happened.
Your attorney can also identify potentially responsible parties rather than assuming that the rideshare driver or rideshare company is automatically liable. For an injured passenger, that distinction matters.
California regulates transportation network companies, or TNCs, such as Uber and Lyft through the California Public Utilities Commission. California’s TNC rules include specific insurance requirements that depend on the driver’s status within the rideshare trip.
How Are Rideshare Accidents Different?
Rideshare collisions can cause the same serious injuries as other vehicle crashes, but determining insurance coverage and legal responsibility can be different. California treats services such as Uber and Lyft as transportation network companies.
This is because they use online platforms to connect passengers with drivers using personal vehicles. The driver‘s status at the time of the collision can affect the insurance coverage available to you as well.
For an accident victim, knowing that a driver was working for Uber or Lyft does not necessarily answer every insurance question. Your lawyer can determine what the driver was doing at the time of the crash and identify the policies that potentially apply.
Multiple Insurance Policies Involved
Several insurance policies can potentially become relevant after a rideshare collision. The applicable coverage depends in part on whether the driver was waiting for a ride request, traveling to pick up a passenger, or transporting a passenger.
California’s current TNC insurance requirements divide rideshare activity into three periods:
- The first period: This occurs when the driver has the application open and is waiting for a match.
- The second period: It begins after the driver accepts a ride and is traveling to pick up the passenger.
- The third period: This starts when the passenger enters the vehicle and continues until the passenger exits.
The required coverage changes between those periods. During the first period, TNCs must provide primary coverage of at least $50,000 for death or personal injury per person, $100,000 per incident, and $30,000 for property damage, along with additional excess coverage.
During the second and third periods, California requires $1 million in primary commercial liability coverage. During the passenger-transport period, TNCs must also provide $1 million in uninsured and underinsured motorist coverage.
A lawyer can determine which period applies by examining trip information, timestamps, rideshare records, and other evidence. This can become particularly important when an insurer disputes coverage.
Challenging Liability Issues
Insurance coverage is only one part of a rideshare accident claim. You also need to establish who caused the collision and how that person’s conduct contributed to your injuries. California personal injury claims commonly involve negligence.
In a rideshare case, this is what negligence could involve:
- Speeding
- Following too closely
- Failing to yield
- Running a red light
- Driving while distracted
- Making unsafe lane changes
- Failing to use reasonable care
The rideshare driver is not automatically responsible for every crash involving the vehicle. Another motorist could have caused the collision. A vehicle defect could have contributed to it. A roadway condition could also become relevant.
An Oakland rideshare accident lawyer from our team can investigate these circumstances rather than relying solely on an insurance company’s interpretation of the crash. Evidence can include photographs, vehicle damage, traffic-camera footage, witness statements, police reports, and roadway conditions.
They can also look at available electronic or rideshare-app information. For someone injured in a car accident while riding in Uber, this investigation can be particularly important because the passenger had no control over how the driver operated the vehicle.
Unique Rideshare Regulations
California imposes specific requirements on transportation network companies and their drivers. The California Public Utilities Commission oversees TNC licensing and safety requirements, including the following:
- Insurance requirements
- Driver-related rules
- Vehicle inspections
- Other operating standards
Those requirements can become relevant when investigating an accident. California requires TNC vehicles to undergo inspections through a licensed facility annually or every 50,000 miles, whichever comes first.
TNC drivers must also participate in the DMV’s Employer Pull Notice program, which provides ongoing information concerning certain changes to a driver’s record.
Our rideshare accident attorneys in Oakland can determine whether a rideshare company’s compliance with these requirements has any bearing on your particular claim.
Driver Screening and Background Check Concerns
Driver screening can become an important issue when a rideshare accident involves allegations that the driver should not have been permitted to operate on the platform. California requires TNCs to conduct criminal background checks on prospective drivers.
This must happen before they are permitted to operate through the platform, and it’s also a legal requirement to repeat those background checks at least annually. California requirements also address these matters:
- Searches of criminal records
- Sex-offender databases
- Restrictions concerning certain convictions
TNCs must also check driver DMV records. California currently requires TNCs to ensure that these details are true of each driver:
- Has no more than three points within the preceding three years
- Has no specified major violations within the preceding three years
- Has no DUI conviction within the preceding seven years
The DMV’s Employer Pull Notice program provides ongoing notification of certain driving-record changes, including convictions, accidents, license suspensions, and other actions affecting driving privileges.
These requirements matter because driver screening can sometimes become part of a broader investigation into whether a rideshare company followed applicable safety rules. That doesn’t mean you have a separate legal claim against Uber or Lyft if a driver has a problematic record.
Liability depends on the facts and applicable law. However, if evidence suggests that a company failed to comply with a required screening or monitoring obligation, your attorney can engage in the following tasks on your behalf:
- Investigate whether that information is relevant to the claim
- Pursue appropriate records
- Look into the driver’s qualifications
- Review all screening history
- Make sure regulatory compliance has relevance to your case
The CPUC’s current enforcement records show that compliance issues involving TNC driver screening and records can occur.
Recent enforcement entries include allegations against Uber and Lyft involving drivers who had not completed required criminal background checks, failures to obtain DMV driving records, and other driver-compliance issues.
Common Rideshare Accident Injuries
The injuries caused by a rideshare collision can affect virtually every part of your life. Some are immediately obvious, while others develop or become more noticeable during the days or weeks following the crash.
These are examples of common injuries that stem from rideshare-related collisions:
- Whiplash and other neck injuries
- Back injuries and herniated discs
- Spinal cord injuries
- Traumatic brain injuries and concussions
- Broken bones and fractures
- Shoulder, knee, hip, and other joint injuries
- Muscle, ligament, and tendon injuries
- Nerve damage
- Internal injuries
- Lacerations and serious bruising
- Burns
- Psychological trauma and emotional distress
- Permanent disabilities and impairments
The type of injury can affect how a personal injury claim is evaluated. A fracture that requires surgery, for example, can result in substantially different medical expenses and limitations than a temporary soft-tissue injury.
A spinal injury or traumatic brain injury can also affect a person’s ability to work, participate in daily activities, or live independently. That does not mean one type of injury automatically results in a particular amount of compensation.
Instead, the evidence concerning the injury, treatment, prognosis, financial losses, and effect on your life helps determine the damages that can be pursued.
Why Do Some Injuries Take Time to Appear?
Not every injury is obvious at the scene of a crash. Adrenaline can temporarily mask pain, while certain soft-tissue injuries, concussions, and other conditions can become more noticeable after the initial shock of the collision subsides.
A person might leave the scene believing they are relatively fine and experience increasing pain later. This can create questions during an insurance claim. An insurer might point to a delay between the accident and treatment as evidence that the collision did not cause the injury.
A lawyer can help address those questions by examining the medical records, timing of symptoms, diagnostic findings, prior medical history when relevant, and other evidence connecting the injury to the crash.
How Serious Injuries Can Affect Your Claim
A serious injury can affect far more than medical expenses. Someone who suffers a spinal injury, traumatic brain injury, major fracture, or permanent impairment could require months or years of treatment.
The person might be unable to return to the same job, need assistance with ordinary activities, or face limitations that continue long after the accident. Those consequences can affect several categories of damages, including these matters:
- Past and future medical expenses
- Lost income
- Diminished earning capacity
- Physical pain
- Emotional distress
- Loss of enjoyment of life
A lawyer can work with medical records and other documentation to establish how your injuries have affected your life. When future treatment or lasting limitations are involved, the claim may require additional evidence concerning prognosis and anticipated needs.
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California Deadlines for Rideshare Accident Claims
California law imposes statutes of limitations that can restrict how long an injured person has to file a lawsuit. For many personal injury claims based on negligence, California’s statute of limitations is generally two years from the date of injury.
The exact deadline can change depending on the circumstances, the identity of the responsible party, and the legal basis of the claim. There can also be substantially different requirements when a government entity is involved.
The deadline is not necessarily the same thing as the amount of time an insurance company gives you to communicate about a claim. These do not automatically mean that the legal filing deadline has been extended:
- An insurance claim
- Settlement negotiations
- Ongoing medical treatment
There are also exceptions and circumstances that can alter how a statute of limitations is calculated. Missing the applicable deadline can prevent an injured person from pursuing a lawsuit.
As a result, your lawyer should review the date and facts of the case as soon as reasonably possible. Your attorney can identify the deadlines that potentially apply, determine whether special claim procedures are involved, and make sure the case is handled within time limits.
What Our Oakland Rideshare Accident Lawyers Can Do For You
An Oakland rideshare accident lawyer can take over many of the legal responsibilities that become difficult to manage while you are recovering from an injury.
The goal is not simply to submit an insurance claim. Your attorney can investigate the collision, establish liability, identify applicable insurance coverage, document damages, negotiate with insurers, and prepare your case for litigation when necessary.
Reviewing Insurance Coverage
Insurance policies contain terms, exclusions, limits, and requirements that can affect a claim. Rideshare cases add another layer because coverage can change depending on the driver’s status within the rideshare transaction.
Your attorney can obtain and review relevant insurance information and determine how the policies relate to the facts of the accident.
California also requires TNCs and their insurers to cooperate with insurers involved in coverage investigations to facilitate the exchange of information. That process can help address disputes concerning which insurer should respond to your claim.
Building the Evidence
Evidence can become harder to obtain as time passes. Surveillance footage can be overwritten, vehicles can be repaired, witnesses can become difficult to locate, and memories can become less precise.
Your lawyer can work to preserve and collect relevant evidence, which can include:
- Police and collision reports
- Photographs and videos from the accident scene
- Medical records and billing documentation
- Witness contact information and statements
- Traffic-camera or business surveillance footage
- Vehicle photographs and damage assessments
- Rideshare trip records
- App and electronic data
- Insurance policies and claim correspondence
- Documentation concerning lost income
- Relevant driver-screening or regulatory records when appropriate
The evidence can then be used to build a coherent account of what happened and how the collision affected you.
Handling Insurance Negotiations
You should not have to spend your recovery repeatedly communicating with insurance adjusters. An adjuster might ask questions about the collision, your injuries, your treatment, or your medical history.
Statements made during the claims process can affect how an insurer evaluates liability or the extent of your injuries. Your attorney can communicate with insurance companies on your behalf and respond to requests for information while protecting your legal interests.
If an insurer disputes liability or refuses to offer a reasonable settlement, your attorney can explain the available legal options and determine whether filing a lawsuit is appropriate.
For Help From Rideshare Accident Attorneys in Oakland, Call Omega Law Group Today
At Omega Law Group, our Oakland rideshare accident attorneys understand that these cases usually involve insurance disputes, liability questions, medical evidence, legal deadlines, and regulatory requirements that aren’t always obvious to accident victims.
As your legal counsel, we’ll investigate the circumstances of the collision, examine the available insurance coverage, and address any questions you have concerning driver qualifications. You can also rely on us to communicate with insurance companies on your behalf.
Our rideshare accident law firm in Oakland offers free consultations and works on a contingency fee basis. This means you can talk to us about your case without worrying about paying upfront attorney fees.
We’ve recovered millions of dollars. Let our family take care of your family.
