Rideshare companies like Lyft and Uber have become ubiquitous on our roads. They offer a convenient and affordable means of travel for the millions of passengers that use them every day. However, Uber and Lyft accidents can also pose a serious danger to passengers and other drivers on the road.
According to the 2017-2018 safety report released by Uber, over 100 of its passengers, drivers and other parties were killed in motor vehicle accidents during this period. The number of people killed or seriously injured in Uber accidents is likely much higher because Uber’s data does not account for accidents with nonfatal injuries or involving other rideshare companies, such as Lyft.
If you are suffering from a serious accident involving Uber, Lyft, or another rideshare service, you can trust the Uber accident lawyers in Los Angeles at Pimentel Law to understand how to navigate the complexities of these types of cases.
At Pimentel Law, our experienced, award-winning team has helped clients across Southern California get results that count after serious accidents like rideshare collisions. As demonstrated by our top-dollar case results and glowing testimonials from past clients, our rideshare lawyers have what it takes to tackle even the toughest cases.
Rideshare Companies’ Duties to Passengers
Rideshare companies, also referred to as Transportation Network Companies (TNC), are regulated by the California Public Utilities Commission (CPUC) and must be permitted by the CPUC to operate in California. PUC § 54319 (c). Under CPUC regulations, rideshare companies are considered “common carriers” in California, which means that they owe their passengers the highest possible duty of care in transporting them. PUC § 5360; CPUC Decision 13-09-045, p. 18.
The practical effect of this heightened duty of care is that anytime you are involved in an Uber or Lyft accident as the passenger, the conduct of the rideshare operator gets a heightened level of scrutiny.
In addition to being subject to a heightened standard of care, rideshare companies are also responsible for ensuring that each of their drivers’ vehicles complies with CPUC vehicle inspection requirements. These state that the vehicle must be inspected before it is introduced into service and every 12 months or 50,000 miles thereafter. PUC § 5431 (b) (3). A rideshare company’s failure to comply with this inspection requirement could be used as evidence of negligence in a suit brought by an Uber accident victim involving that vehicle.
CPUC regulations also require rideshare companies to conduct criminal background checks of its drivers and are prohibited from employing anyone who is a registered sex offender or has been convicted of a violent felony, assault, battery, domestic violence or DUI. PUC § 5445.2.
If the driver of a rideshare company commits one of these offenses during the course of transporting you as a passenger, and are harmed by the commission of this offense, the rideshare company’s failure to adequately search the driver’s criminal background can be used as evidence of fault against the rideshare company in a suit against it involving rideshare lawyers.
Rideshare companies must also establish a driver training program to ensure that all drivers are safely operating the vehicle prior to the driver being able to offer service. Rideshare drivers must possess a valid California driver’s license, be at least 21 years of age, and must provide at least one year of driving history before providing driving services. Rideshare companies must obtain each driver’s driving record before the driver begins providing service and annually thereafter. Again, a rideshare company’s failure to comply with this requirement could also be used as grounds to sue for negligence if you are harmed by the company’s noncompliance.
Who is Responsible for a Rideshare Accident?
After a rideshare accident, such as an Uber accident, it can sometimes be confusing sorting out all of the possible responsible parties. Several different parties might be responsible for the accident, including:
- The rideshare driver
- The rideshare company
- Other drivers on the road
- A government entity if a government vehicle was involved or a dangerous road condition contributed to the accident
- Other third parties, such as the car’s manufacturer if a vehicle defect contributed to the accident
Because of recent developments and changes in labor laws, there has been a great deal of litigation over whether rideshare drivers are employees of rideshare companies, or whether they are merely independent contractors. This distinction is of great consequence to you if you were a passenger injured in a rideshare accident because it will determine whether the rideshare company can be brought in as a party to your auto accident lawsuit and therefore provide for more available insurance money to pay for your injuries.
Understanding the recent developments in independent contractor laws is critical to holding the rideshare company responsible for your Uber or Lyft accident. That is why it is important to retain an experienced rideshare lawyer that understands these tricky legal issues so that all responsible parties are brought into your rideshare accident lawsuit and are held accountable.
Compensation After an Uber or Lyft Accident
After an Uber, Lyft or other rideshare accident, victims or their family members can file claims or personal injury lawsuits to recover compensation for harm they are suffering as a result of the accident, such as:
- Wages lost during recovery from the accident
- Medical bills for past and future treatment
- Pain and suffering
- Medical equipment
- Repairs or replacement for damaged vehicle, bike or other property
- Reduced capacity to earn a comparable income in the future
- Loss of enjoyment of life
California law requires rideshare companies such as Uber and Lyft, as well as their drivers, to carry special types of TNC liability insurance coverages. The amount of coverage available depends on whether the accident occurs in “Phase 1,” “Phase 2” or “Phase 3.”
Phase 1: Pre-Trip Accident Period. This covers any period during which a rideshare driver is logged on to the rideshare digital network app and is available to receive transportation requests but is not yet engaged in a prearranged ride. The insurance coverage minimums are:
- $50,000 for death and personal injury per person
- $100,000 for death and personal injury per incident
- $30,000 for property damage
Phase 2: Proceeding to the Prearranged Ride. This commences when a driver accepts the ride requested by a person through rideshare app digital network. The insurance coverage minimums are:
- $1,000,000 for death, personal injury, and property damage
- $1,000,000 in uninsured/underinsured motorist coverage
Phase 3: Prearranged Ride in Progress. This is when the driver is not on duty or logged into the app. This is from the moment the passenger enters the vehicle until the rider exits the vehicle or driver completes the transaction. The insurance coverage minimums are:
- $1,000,000 for death, personal injury, and property damage
- $1,000,000 in uninsured/underinsured motorist coverage
How Rideshare Lawyers Can Help
Rideshare accidents can involve tricky legal issues and require specialized knowledge and expertise. That is why it is important to consult a knowledgeable Uber or Lyft accident attorney when you are injured in a rideshare accident. At Pimentel Law, our full service rideshare accident team has the experience and expertise to get you the best possible outcome on your rideshare accident case.
Don’t wait to get on the road to recovery after an Uber or Lyft accident. We can help bring you justice and the maximum compensation that you deserve. To get started, contact us today at (877) 265-8084 or online to schedule your free consultation for excellent Uber or Lyft accident lawyers in Los Angeles.
