Los Angeles Rideshare Accident Lawyer

Los Angeles Rideshare Accident Attorney

With the continued prevalence of rideshare services such as Uber and Lyft, accidents can happen with increased frequency. These rideshare companies typically have safety checks for their drivers to ensure only safe and responsible drivers are offered on their apps, but it can be impossible to predict when an accident will happen. When one does occur, you’ll want a Los Angeles rideshare accident lawyer on your side.

The Los Angeles personal injury lawyers at Belgum, Fry, & Van Allen have represented all kinds of personal injury claims, including those that stem from rideshare accidents. Our experience with insurance companies and complex California legal processes makes us an invaluable asset for those pursuing damages for an accident. Whether you sustained minor fractures or a permanent disability from a rideshare accident, we can help you secure the compensation you need to recover and move forward.

Common Injuries in Rideshare Accidents in California

Rideshare companies must screen all their drivers for clean criminal and driving records, but some infractions and unsafe driving tendencies can still go unnoticed. No matter how safe your driver is behind the wheel, car accidents can happen at any time due to the involvement of external factors, weather conditions, and other unsafe driving situations, resulting in injuries that can range from minor to permanent. Some more serious accidents may even result in death.

Some of the most common injuries seen in rideshare accidents are:

• Whiplash
• Head trauma and brain injuries
• Neck and spinal cord injury
• Broken bones
• Cuts and bleeding

Rideshare Accidents Are Matters of Personal Injury Law

Rideshare accidents, like most car accidents, are covered under personal injury laws.

Personal injury laws allow people who are injured as a result of another person’s negligence to collect damages for the following;

• Medical treatment costs – This includes immediate and ongoing medical care, ambulance fees, surgeries, medications, and physical therapy.
• Loss of wages – You may be able to collect the amount of wages you lost during your recovery following the accident.
• Loss of future income – If the accident has directly affected your ability to return to work, you may be able to collect projected wage losses.
• Property damage – The monetary value of any property you own that has been damaged during the accident.

Personal injury claims related to car accidents are typically handled by the insurance company with whom the driver is a policyholder. In the case of rideshare drivers, the policyholder is not the individual driver but the rideshare company.

What Is the Difference Between Rideshare Accidents and Other Car Accidents?

Rideshare accidents have more potential involvement from additional parties. While most car accidents typically only involve drivers and their insurance policyholders, rideshare accidents give some liability to the companies these drivers work for. As a result, you may deal with insurance companies who are trained to defend these businesses against large payouts.

Additionally, most car accidents involve two types of claims: personal injury claims and property damage claims. Anyone injured in an accident can file a personal injury claim, but property damage claims are usually made for damaged vehicles. If you are a passenger in a vehicle that does not belong to you, you may not need to file for property damages.

It is especially helpful to have the knowledge of a rideshare accident lawyer when the companies you seek compensation from have strong designated legal teams. Although you are not required to hire an attorney for your claim, the risks and costs of going without one are often higher than what you might lose otherwise. An experienced lawyer can look at the facts of your case, calculate an appropriate amount for damages, and serve as a steadfast advocate for you in court.

Economic Losses vs. Non-Economic Losses

Generally, there are two kinds of losses involved in car accident personal injury claims: economic losses and non-economic losses. Economic losses, such as medical treatment costs, wage losses, mental health treatment costs, and property damages, are typically simpler to calculate, as they all have fixed values attached to them.

Non-economic losses can be trickier to calculate, as these are typically not losses with direct financial value.

Non-economic losses that you may be eligible to seek in a rideshare accident claim include:

• Emotional distress – This encompasses mental suffering, depression, and anxiety related to the accident.
• Pain and suffering – Ongoing physical pain, even scarring.
• Decreased quality of life – This can be proven by your inability to do activities you were able to do before the accident
• Permanent disability – This can include disfigurement, deformity, and life-altering amputations.

For both kinds of damages, you must be able to prove that they directly resulted from the accident. Following the rideshare accident, document everything and keep copies of all of your medical records, financial correspondence, and other relevant evidence.

Proving Liability for a Rideshare Accident

Proving liability is a key component for any car accident personal injury case. Damages will be paid by the person who is liable for the accident. In the case of rideshare accidents, this can be more complex than a normal car accident due to the participation of contracted drivers.

When we handle accident cases, we can make a case for liability using many different tactics, including:

• Collection of evidence
• Testimonies from witnesses at the scene of the accident
• Surveillance footage from traffic cameras and nearby businesses
• The driver’s status on the app

With rideshare accident cases, there are multiple people or entities that can potentially be liable. You may be able to make a personal injury claim against the rideshare company if they failed in their responsibility to train, supervise, reprimand for bad driving practices, or screen potential drivers for previous driving-related charges. As long as the driver has properly accepted the ride in their rideshare app, the rideshare company’s insurance policy covers you.

There are cases in which a driver must use only their personal insurance policy to pay damages or a combination of personal insurance policies and rideshare insurance policies. This is contingent upon the driver’s status on the app. If the driver’s app is off, your claim should be directed at the driver alone. If they have not accepted the ride but their app is on, you may be able to direct your claim to both insurance policies.

California Pure Comparative Negligence Rule

Comparative negligence is a rule wherein the amount of damages you are paid is dependent on how liable you were for the accident. In some states, you can only be up to 50% liable for a car accident to receive any compensation, and the percentage you are paid in requested damages is directly tied to your percentage of liability. If the court finds you 40% liable for an accident, you may only receive 60% of the requested damages.

California uses a pure comparative negligence rule which allows a driver or injured person to collect damages even if they are up to 99% liable. This rule can be more generous to people who are seeking compensation for their injuries and share fault for the accident, though it can also work against you if you are the one against whom the claim is filed.

Liability Insurance for Rideshare Services

In California, rideshare drivers are covered up to a certain amount in liability insurance. This means that damages for injuries that occurred during a ride are covered by the insurance policy of the rideshare company; however, rideshare companies may be unwilling or reluctant to pay the damages you have requested. If this is the case, securing a skilled rideshare accident lawyer can greatly bolster your chances of success against the insurance company.

How Quickly Do I Need to File a Personal Injury Claim in California?

California has strict statutes of limitations for filing personal injury and property damage claims. Property damage claims must be filed within three years of the date your property was damaged; however, if you are a rideshare passenger, you may not have property damages to file for.

Personal injury claims in California must be filed within two years of the date the injury accident occurred. This allows an injured person to seek medical care and pursue a treatment plan. It is important to file personal injury claims as soon as possible so there is little opportunity to lose evidence for your claim. Claims that are made after the two-year statute of limitations risk being dismissed by a judge, nullifying your request for compensation.

An exception to this two-year timeline is when a person’s injuries do not immediately manifest after an accident. In this case, you must be able to prove that the injury was a direct result of the accident. It can be difficult to gather proof the more time that has passed since the accident, which is why it is important to check in with a medical professional after you have been in an accident to catch any underlying conditions as soon as possible.

What Should I Do After I’ve Been in a Rideshare Accident?

After you have been in a rideshare accident and before you can file any claims for damages, you must do the following:

• At the scene of the accident, contact the police if anyone has been injured in any capacity or if there was extensive property damage.
• Assess the scene for injuries and move any vulnerable parties to a safe area.
• Document the scene as thoroughly as possible. Take photographs of the damage done to vehicles and any injuries you can see. Gather contact information for involved parties and any willing witnesses.
• Report the accident to your insurance company within 24 hours. An insurance agent will need to fill out a form with details of the accident and submit it to the DMV within a certain timeframe.
• Seek medical attention to treat any injuries you may have or assess for any underlying injuries before you are unable to tie them back to the accident. Keep all documentation of medical treatment, prescriptions, and bills.
• Contact a rideshare accident lawyer. They can assist you in calculating damages and filing the initial claims for compensation.

While California does not require you to have legal representation for a car accident claim, insurance companies can be difficult to dispute without experienced legal counsel. A lawyer can help you secure the compensation you need to recover losses resulting from your rideshare accident.

Los Angeles Rideshare Accident FAQs

Q: How Much Do Rideshare Accident Lawyers Charge in Los Angeles?

A: Many rideshare accident lawyers in Los Angeles charge a contingency fee. The percentage they take may vary based on the law firm and the complexity of the case. Cases that require multiple court dates or extensive research may warrant a higher percentage. Lawyers that operate on a contingency fee basis do not get paid unless damages are secured for you, meaning you may not pay any upfront costs.

Q: Is a Rideshare Company Always Liable for the Negligence of Their Drivers Under California Law?

A: Rideshare companies are not always liable for the negligence of their drivers. Rideshare companies do have a responsibility to screen drivers for criminal and driving records to protect passengers as much as possible. Drivers for rideshare companies are often considered independent contractors, and they may be held responsible as individuals.

Q: What Should I Do if My Rideshare Driver Gets in an Accident?

A: If your rideshare driver gets in an accident, make an assessment of any details of the accident scene, document injuries, and damages, and consult with a rideshare accident lawyer to build a case for compensation. Compensation can be requested for any damages done to you as a passenger, and drivers involved in crashes may seek compensation of their own for damages to their vehicles. Typically, rideshare accidents can involve multiple claims from different parties.

Q: Do I Need a Lawyer for Rideshare Accidents in Los Angeles?

A: You are not required to have a lawyer for rideshare accidents in Los Angeles; however, the benefits of having a skilled representative who is familiar with the workings of insurance companies outweigh the financial costs. Rideshare accident lawyers can help you calculate complex fees, advocate for you in court, and keep your responsibilities organized during the long process of an accident claim.

Contact Us for Help Navigating Your Los Angeles Rideshare Accident Claim

With so many moving parts, building a strong rideshare accident case can be difficult for the average civilian, but you do not have to file your claim alone. A Los Angeles rideshare accident lawyer from Belgum, Fry & Van Allen can help you maximize your chances of success and protect yourself from significant financial losses. Contact the team at Belgum, Fry & Van Allen today to schedule a consultation.