An accident disrupts all aspects of life when it causes painful injuries that require medical procedures, interfere with the ability to work, and may even leave the injury victim facing an uncertain future. When the accident occurs while you are a passenger in a rideshare vehicle like Uber or Lyft, or in a collision with a rideshare vehicle, determining liability and the appropriate insurance coverage quickly becomes challenging. How is liability determined in a rideshare accident claim in California?
Potential Liable Parties In California Rideshare Accident Claims
It often requires an in-depth investigation to determine the cause of an accident, the negligent or reckless actions responsible, and the correct liable party. Common liable parties in California rideshare accident cases include the following:
- The rideshare driver
- Another driver
- A negligent road maintenance agency or road construction contractor
- A road planning agency that designed a confusing intersection or failed to place adequate signage
- A negligent truck driver or trucking company (if the accident involved a commercial truck)
A rideshare passenger is never liable in rideshare accidents. While determining liability can be challenging, discerning which insurance policy was in effect at the time of the rideshare accident is also complex due to the tiered structure of rideshare insurance and policy limits that vary depending on whether or not the driver had a passenger booked, a passenger was present in the vehicle, or the driver only had their app turned on.
Is the Rideshare Company Liable After an Accident?
Large rideshare companies like Uber and Lyft use independent contractors rather than employees to shield themselves from direct liability for accidents. They intentionally present the company as a technology provider that only sells apps to allow passengers to connect with independent contractors. Fortunately, rideshare companies require drivers to carry special rideshare insurance with tiered coverage depending on the stage of the accident. Up to $1 million in compensation is available for passengers injured through no fault of their own in a rideshare accident.
Depending on the circumstances, it may be possible to hold a rideshare company liable if their negligent screening, hiring, monitoring, or safety practices caused the car accident. Recent court decisions have upheld rideshare company liability in specific cases.
Proving Liability In California Rideshare Accident Cases
The accident victim becomes the plaintiff in a lawsuit against a rideshare driver or another responsible party. This means the injury victim has the burden of proof in an accident claim, requiring them to demonstrate the at-fault party’s liability through a preponderance of the evidence. The evidence must make a compelling case showing that the responsible party meets the legal standards of liability, which include the following:
- The at-fault party owed a duty of care to the injury victim, such as the rideshare driver’s duty to obey traffic laws and avoid distraction
- They breached their duty of care through negligence
- The breach of duty directly caused the accident and injury
- The injury victim suffered damages from the injury
Damages in California rideshare accident claims range from a single emergency room bill and a few days of lost wages to lifelong disability, catastrophic injury damages, or wrongful death. Regardless of the extent of the damages, an individual injured in a rideshare accident in California has every right to seek compensation for their losses with the help of a rideshare accident attorney in Van Nuys.
