Determining fault in Uber and Lyft accident cases can be complex because multiple parties may be involved. In Los Angeles and the Southern California region, a rideshare accident attorney plays a key role in gathering evidence, speaking to expert witnesses, and proving negligence to ensure victims receive fair compensation.
Understanding Rideshare Accident Liability
Rideshare accident liability refers to the legal responsibility for damages and injuries from an accident involving a rideshare vehicle (such as Uber or Lyft). Liability in rideshare cases can be tricky because there are variables that need to be considered.
Driver Perspective:
In the unfortunate event of being hit by a rideshare vehicle, drivers have specific considerations regarding accident liability. If the rideshare driver is at fault, their personal or company-provided insurance would typically come into play. The coverage scenarios differ based on the driver’s status within the rideshare app:
- Offline: When the rideshare driver is offline, their personal insurance is responsible for covering any damages or injuries resulting from an accident.
- Logged in Without a Passenger: During this phase, the rideshare company may offer limited liability coverage, providing some financial protection in the event of an accident.
- Transporting a Rider: When the rideshare driver is actively transporting a passenger, the rideshare company’s full liability coverage is in effect, offering comprehensive protection for both the driver and the passenger.
If the accident is caused by another driver, their insurance would be accountable for providing coverage for damages and injuries suffered by the rideshare driver.
Passenger Perspective:
For passengers in a rideshare vehicle involved in an accident, the liability landscape differs. In the case of the rideshare driver being responsible for the accident, passengers can seek compensation through the driver’s personal or company-provided insurance, according to the applicable coverage scenarios mentioned earlier.
If the accident is caused by an external party, such as another driver, passengers have the option to pursue compensation from the at-fault driver’s insurance or the rideshare company’s insurance.
Rideshare companies expect their drivers to prioritize passenger safety. If you’ve been involved in a rideshare accident in California, contact a trusted Lyft or Uber accident lawyer as soon as possible.
Gathering Evidence in a Rideshare Accident
There are some key pieces of information that will help make it easier to get paid what you deserve. The more evidence you can gather in a rideshare accident, the better:
- Take photos and videos, safely.
- Ask anyone nearby for any footage and contact information.
- Note the time and location of the accident.
- Note the road conditions at the time of the accident.
- Gather the driver’s information and the information for other involved parties.
It is important to seek medical attention to rule out any injury, no matter how small the accident.
Once you’re safe, call the Law Offices of Jacob Emrani. We’ll review police reports, medical records, and other important details to build a strong case and secure the full compensation you deserve.
Data and Technology Utilization in an Accident
Ridesharing apps record the entire trip, including details of the route, vehicle speed, and trip duration. This data, collected with the details of the driver and passenger of the rideshare, plays an integral role in reconstructing the events of the accident and establishing liability.
After a rideshare accident, data from apps used contribute to evidence of the case. These details help paint a picture of the crash, reconstructing the events leading up to the accident.
After launching in Los Angeles in 2018, Uber has used RideCheck GPS and other smartphone sensors to detect a possible crash or if the ride has gone off course. In an emergency, the driver and rider will be prompted with a notification.
By combining their knowledge of data analysis, technological tools, and legal expertise, the Law Offices of Jacob Emrani can effectively interpret the evidence obtained from ridesharing apps to strengthen clients’ cases. A commitment to thorough investigation and diligent review of insurance checks ensures that clients are not taken advantage of, even in situations where insurance companies attempt to expedite the claims process with inadequate settlements. Call Jacob before accepting any insurance check. Even just for a second opinion!
Negligence and Breach of Duty
Rideshare companies operate under the expectation that drivers will ensure the safety of their passengers.
In some cases, the driver is at fault due to negligence, but in others, it may be the fault of a third party. However, in cases where a flawed driver screening process leads to an accident, Uber may be held liable, allowing victims to seek compensation through the company’s liability insurance.
To show that someone else is liable for the accident, you need to prove the following:
- Breach of Duty: The driver has a duty of care to everyone on the road around them. Your attorney needs to prove they failed to act with duty of care to everyone on the road at the time of the accident.
- Causation: The breach of duty caused your injuries. With actual cause, the breach led directly to the injury. With proximate cause, the injury was a consequence of the breach of duty.
- Damages: You suffered harm in the form of physical, financial, emotional (or all three) as a direct cause of the breach of duty.
The Complexities of Insurance Coverage in Rideshare Accidents
Determining insurance coverage in Uber and Lyft accident cases can be complicated and may prolong how long it typically takes to resolve a rideshare accident case.
Rideshare companies provide varying levels of coverage based on whether the driver is offline, waiting for a ride request, or actively transporting a passenger. The breakdown is as follows:
- The Rideshare Driver: If the driver of the vehicle is at fault, their personal auto insurance or the rideshare company’s insurance may apply. This depends on whether they were logged into the app and transporting the passenger.
- The Rideshare Company: Rideshare companies like Uber and Lyft provide insurance based on the driver’s app status at the time of the accident.
- Another Driver: If another driver was at fault, their insurance would typically be responsible for damages.
- Passengers and Pedestrians: Injured passengers or pedestrians may be able to file claims against the at-fault driver or against the rideshare company’s insurance.
Lyft’s policy also includes specific conditions regarding deductible amounts.
If the driver is deemed to be at fault and is uninsured or underinsured, you may still be covered under the rideshare company’s insurance, though the process can be complex. Contact the Law Offices of Jacob Emrani — we’ll navigate the insurance process so you can focus on your well-being.
The Role of Expert Witnesses
Expert witnesses provide insights into rideshare accident cases — their testimony can help strengthen your case. Experts may include:
- Accident Reconstruction Experts: Experts in accident reconstruction can use their knowledge to piece together the events leading up to the rideshare accident. They may analyze factors such as vehicle speed, road conditions, and the actions of the drivers involved. Their testimony can help establish the sequence of events and the cause of the accident, providing a clear understanding for the court or jury.
- Medical Experts: Medical experts can provide crucial testimony regarding the injuries sustained by the individuals involved in the accident. Their testimony may include detailed descriptions of injuries, treatment plans, long-term prognosis, and the impact of the injuries on the victims’ lives. This expert testimony can be essential in establishing the extent of the physical and emotional harm caused by the accident.
- Technology and Data Analysts: Experts in technology and data analysis can assist in evaluating digital evidence such as vehicle data recorders, GPS data, and surveillance footage. By interpreting this data, they can provide factual evidence related to the circumstances of the accident, including vehicle speeds, braking patterns, and driver behavior, which can be used to support the case.
- Mechanical and Automotive Experts: These experts can provide valuable insight into the mechanical aspects of the vehicles involved in a rideshare accident. Their testimony may cover issues related to vehicle defects, malfunctions, or maintenance issues that may have contributed to the accident. Their technical expertise can help establish whether any mechanical failures or issues with the vehicle had a contributiong role in the accident.
- Economic Experts: Economic experts can offer testimony on the financial impact of the accident, including medical expenses, lost wages, and other economic damages. They can calculate the present and future financial losses resulting from the accident, providing a comprehensive assessment of the financial burden caused by the injuries.
Litigation, Settlement, and Wrapping Up Your Rideshare Accident Case
Having been in operation for over 27 years, the Law Offices of Jacob Emrani has accumulated significant experience in handling a wide range of personal injury cases, including rideshare accidents. Their expertise in handling legal matters since the 90s has equipped them with the knowledge and skills needed to effectively navigate the complexities of the legal system and deal with insurance companies, often referred to as “insurance behemoths.” Here’s how the Law Offices of Jacob Emrani approaches litigation, settlements, and finishing up rideshare accident cases:
- Insurance Claim Process: The initial step in an Uber or Lyft accident case involves filing an insurance claim against the at-fault party’s insurer. The legal team at the Law Offices of Jacob Emrani will use the information gathered from the accident investigation, expert witnesses, and supporting evidence to establish liability and the extent of damages incurred by the client.
- Negotiating for Fair Compensation: With expertise in negotiating with insurance companies, the attorney will work diligently to pursue fair compensation for the client. This compensation aims to cover medical expenses, lost wages, property damage, and pain and suffering resulting from the rideshare accident. By leveraging their experience and understanding of the legal process, the legal team will advocate for a settlement that reflects the client’s losses and damages.
- Court Proceedings, if Necessary: In cases where a satisfactory settlement cannot be reached through negotiation, the Law Offices of Jacob Emrani is prepared to take the case to court. Here, evidence collected, expert testimony presented, and data analysis, such as app data, will play a crucial role in demonstrating liability and seeking the appropriate amount of compensation for the client. The attorney’s courtroom experience and strategic approach ensure that the client’s interests are vigorously defended throughout the trial process.
- Wrapping Up the Case: Throughout the litigation and settlement phases, the legal team remains dedicated to advocating for the client’s best interests. Their goal is to secure a favorable outcome that provides the client with the compensation they deserve for the physical, emotional, and financial repercussions of the rideshare accident. After the case is successfully resolved, the Law Offices of Jacob Emrani ensures that all legal matters are concluded efficiently and effectively, allowing the client to move forward with confidence.
Contact the Law Offices of Jabob Emrani Today
If you’ve experienced an Uber or Lyft accident, call (888) 865-8289 to set up your no-cost case evaluation. You pay absolutely nothing until we win, and we’ll help you navigate your case and get you the settlement you deserve.