Rideshare collisions can have serious consequences, including severe injuries and expensive property damage. If you’ve been injured in an Uber or Lyft crash, a San Diego car accident lawyer can help you pursue damages.
Rideshare crashes can be complicated, especially if third parties are involved. If you’ve been injured in one such collision, you may be unsure how to navigate the claims process and seek compensation.
The lawyers at Omega Law Group Accident & Injury Attorneys have decades of combined experience. If you’ve been injured in a rideshare accident, a San Diego rideshare accident lawyer from our team can help you file a claim and pursue compensation.
Can You Sue Uber After an Accident?
Suing Uber for a collision can be challenging due to the company’s classification of drivers as independent contractors. However, if the driver was actively logged into the Uber app and either waiting for a ride request or transporting a passenger, you can file a claim against Uber’s insurance policy for compensation.
The situation changes if the driver was offline or using the vehicle for personal purposes at the time of the crash. In that case, you will need to pursue a claim against the driver’s personal insurance policy to seek compensation.
Why You Should Get a Lawyer as Soon as Possible After a Car Accident in California
It’s advisable to consult a lawyer as soon as you can after a car crash. Acting immediately will ensure that evidence is preserved, witnesses are available, and your case is built effectively. A San Diego personal injury lawyer can take on your case and help you pursue compensation.
How Can a Lawyer Help After a Rideshare Accident?
If you’ve been involved in a rideshare collision, a lawyer can:
- Investigate the incident to determine liability.
- Negotiate with insurance companies on your behalf.
- Calculate your damages.
- Represent your interests in court (if necessary).
A rideshare accident lawyer in San Diego can advocate for you and protect your interests throughout the legal process. Whether you’re negotiating with insurance companies or preparing for court, an experienced lawyer can provide the guidance and expertise you need.
How Much Does a Rideshare Accident Attorney Charge in San Diego?
Most rideshare accident lawyers, including those at Omega Law Group, work on a contingency fee basis, meaning your lawyer only gets paid if you win your case or settle. Your lawyer’s fee will be a predetermined percentage of your total settlement. You can discuss this percentage with them during your consultation.
How Much Is a Rideshare Accident Worth?
Every rideshare crash case is different. Some cases settle for thousands, while others settle for six-figure sums. The value of a claim depends on factors such as the severity of your injuries, the extent of the property damage, and your economic losses.
A rideshare accident attorney in San Diego can pursue a fair settlement on your behalf.
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What Types of Damages Can I Recover?
Victims of rideshare crashes may be entitled to recover the following types of damages:
- Medical expenses: This includes costs for emergency care, hospital stays, surgeries, rehabilitation, physical therapy, and future medical needs related to the incident.
- Lost income: You can be compensated for any wages or salary you missed out on while recovering from your injuries. And if the crash renders you unable to work long-term, you could potentially collect money for your reduced earning capacity.
- Property damage: You can be reimbursed for repairs or the replacement of your vehicle or personal property.
- Pain and suffering: You can receive damages for the physical pain and emotional distress caused by the collision and your injuries.
- Loss of enjoyment of life: You can receive compensation for a diminished ability to enjoy hobbies, recreational activities, or other aspects of your daily life.
- Punitive damages: In cases of egregious negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future.
A San Diego rideshare accident attorney can calculate your damages to ensure you’re fairly compensated.
Who Is Liable for an Uber or Lyft Accident?
Liability in a rideshare crash depends on several factors. Potentially liable parties include:
- The rideshare driver: If the collision resulted from the rideshare driver’s negligence (such as distracted driving, speeding, or failure to obey traffic laws), the driver may be held liable.
- The rideshare company: If the driver was actively using the app and engaged in rideshare activities, the company’s insurance coverage may apply.
- Other drivers: If another driver caused or contributed to the collision, they could be held liable through their insurance coverage.
- Pedestrians or cyclists: In some cases, a pedestrian or cyclist who acted negligently might share responsibility for the crash.
- Vehicle manufacturers or maintenance providers: If a vehicle defect or inadequate maintenance contributed to the collision, the manufacturer or service provider might be held liable.
- Government entities: If road conditions, faulty traffic signals, or poor signage contributed to the crash, a government agency could be held accountable.
An experienced attorney can conduct an investigation and identify all responsible parties.
How Do You Prove Liability After a Rideshare Accident?
Proving liability after a rideshare crash requires evidence such as:
- Police reports
- Witness statements
- Dashcam or surveillance footage
- Driver’s app activity logs
Your lawyer can analyze this evidence to build a strong case.
What Insurance Coverage Applies in a Rideshare Accident?
Rideshare companies provide different levels of insurance coverage based on the driver’s activity:
- Offline: The driver’s personal insurance applies.
- Waiting for a ride request: The rideshare company’s limited liability coverage typically applies.
- En route to pick up a passenger or during a ride: The rideshare company’s comprehensive coverage applies, including $1 million in third-party liability, uninsured/underinsured motorist bodily injury coverage, and contingent collision and comprehensive coverage.
- Uninsured motorist scenarios: If another driver without insurance caused the collision, the rideshare company’s uninsured motorist coverage may provide compensation.
How Long Do You Have to File a Rideshare Accident Claim in California?
In California, you generally have two years from the date of the car crash to file a personal injury claim. However, claims involving government entities or special circumstances may have shorter deadlines. A San Diego personal injury attorney can make sure you file on time.
How Do I Know If I Have a Case?
To determine whether you have a viable rideshare crash case, consider the following factors:
- Proof of negligence: You need to prove that another party (such as the rideshare driver, another motorist, or even a vehicle manufacturer) was at fault for the collision. Common examples of negligence include distracted or reckless driving and vehicle defects.
- Injuries and damages: You must have suffered actual injuries or damages from the crash, including medical bills, lost wages, and property damage. Your case depends on having medical documentation that links your injuries directly to the collision.
- Timeliness of your claim: California’s statute of limitations for personal injury claims is generally two years. If you fail to file your claim within two years of the crash, you may forfeit your right to pursue compensation.
An attorney can assess your situation and determine whether you have a viable case.
Can I Recover Damages If I’m Partially At Fault?
California follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially at fault for the crash. However, your compensation will be reduced by your percentage of fault.
For example, if you were found 30% at fault for the collision, and your total damages were assessed at $100,000, you would still be entitled to recover $70,000. An experienced attorney can help you navigate the legal process and advocate for a fair outcome.
Can I File a Claim If I Was a Passenger in an Uber Accident?
Yes, passengers injured in Uber crashes can file claims against the company’s insurance policy. The comprehensive coverage provided during active rides ensures compensation for injured passengers.
Can You File a Claim If You Were a Passenger in a Lyft Accident?
Yes, passengers injured in Lyft crashes can pursue compensation by filing claims against the company’s insurance policy. Lyft’s insurance policy covers injuries sustained by passengers during active rides.
Can You Sue After a Fatal Rideshare Accident?
Yes, in the tragic event of a fatal rideshare crash, surviving family members may pursue a wrongful death claim. Compensation from this kind of claim can cover funeral expenses, lost income, and loss of companionship.
How Are Rideshare Accidents Different from Taxi Accidents?
Accidents involving rideshare vehicles can lead to unique legal challenges. Unlike traditional taxi services, rideshare drivers use their personal vehicles and are classified as independent contractors. This distinction affects liability and insurance coverage, making rideshare claims more complicated.
For these reasons, it’s critical to seek legal assistance after a rideshare accident.
How Common Are Rideshare Accidents?
Rideshare accidents have become increasingly prevalent in California, particularly in urban areas. Between 2017 and 2019, Uber vehicles were involved in 107 fatal collisions. Nearly 3,000 non-fatal rideshare crashes occurred during that same period.
Common Causes of Rideshare Accidents
Some of the most frequently occurring causes of rideshare accidents include:
- Distracted driving (due to app use)
- Fatigued driving from long hours on the road
- Speeding or reckless driving
- Poor vehicle maintenance
Common Injuries in Rideshare Accidents
Some of the most common injuries sustained in rideshare accidents include:
- Whiplash and neck injuries
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
If you’ve suffered any of these injuries in a rideshare accident, a personal injury lawyer in San Diego can help you seek damages.
Steps to Take After a Rideshare Accident
If you’ve been involved in a rideshare accident, take these steps to protect your rights and strengthen your claim:
- Report the accident to law enforcement.
- Notify the rideshare company through its app or customer support.
- Gather evidence, including photos of the scene, vehicle damage, and any visible injuries.
- Exchange contact and insurance information with all drivers involved.
- Obtain contact information from witnesses who can support your account of the accident.
- Seek medical attention, even if your injuries seem minor.
- Refrain from discussing fault or making statements to insurance adjusters before speaking to a lawyer.
- Contact a rideshare accident lawyer to discuss your case.
Contact a San Diego Rideshare Accident Attorney Today
After a rideshare accident, it’s natural to feel overwhelmed. You might be dealing with mounting medical bills, missed work, and the uncertainty that comes with navigating complicated insurance policies. During this difficult time, you may not have the bandwidth to file a claim and pursue justice on your own.
At Omega Law Group, we’re dedicated to helping rideshare accident victims rebuild their lives. If you’ve been in a rideshare crash, a skilled San Diego rideshare accident attorney from our team can take on your case, explain your options, and help you pursue full compensation.
Don’t let the aftermath of a rideshare crash upend your life. Schedule a free consultation today to discuss your case, learn about your options, and hold the parties responsible for your accident accountable.
