- Lost wages
- Medical expenses
- Reduced earning capacity
- Emotional trauma and distress
- Disfigurement
- Pain and suffering
- Property damage
- Loss of consortium for the family of the victim
Victims can sue for the financial compensation amount that will cover all these losses. And in case the accident was because of negligence, the negligent/liable party will be held responsible. The compensation amount you deserve and need will depend on your damages and the medical care required to recover from the accident.
A qualified Lyft and Uber accident attorney in San Bernardino can help you pursue compensation by proving that the driver’s activities were negligent.
Our attorneys negotiate with the liable driver’s insurance provider for a fair settlement offer. It would be best if you didn’t speak to them alone as they can pressure you to settle for less than you deserve.
Common Causes of a Car Accident Involving Uber and Lyft
A rideshare experience shouldn’t lead to life-changing harm in any way. At the same time, drivers must follow the laws to ensure safety. Unfortunately, this is not always the case. Lyft/Uber accidents have been increasing as more people are moving towards using rideshare services. Here are some common causes of accidents.
Drunk Driving
While rideshare policies and strict laws warn of the repercussions, drunk driving may be a challenging issue. Many visitors and residents in San Bernardino highly rely on ridesharing services to safely get them to their desired destination. And most users never anticipate that they are traveling with a drunk driver who is too impaired to drive or that they will be hit by another driver who is under the influence.
Distracted Driving
Rideshare drivers work from an app, like Lyft or Uber. The information they need appears on their screen and can create distractions throughout the trip. Other devices that can cause distractions are stereo equipment or navigational devices. The Centres for Disease Control (CDC) states three main types of interruptions:
- Manual. It takes your control off the wheel
- Visual. It takes your concentration off the road
- Cognitive. It takes your attention off driving
According to CDC, texting involves all the distraction types mentioned. If your Uber/Lyft driver was more focused on their phone than on driving the vehicle, causing the accident, they could be liable.
Aggressive Driving
When it comes to ridesharing services, time is money: the more trips and passengers a day, the more money for the drivers. This leads to aggressive driving issues, such as:
- Changing lanes without giving an indication
- Purposely tailgating
- Intentionally cutting off/taking over another driver
Determining Liability in a San Bernardino Lyft and Uber Accident
California law requires that negligence must be proven in order to hold another party accountable for damages. This type of negligence can pertain to the rideshare driver, the rideshare company, or both parties. Every accident is circumstantial, but fault can be determined based on the following criteria.
- For establishing negligence, the plaintiff should demonstrate that the perpetrator breached their duty of keeping others safe and sound while driving.
- A driver must abide by the road-related rules. In ridesharing cases, it’s also essential to reason that the driver had additional responsibilities to protect the passenger and ensure the safety of those around them.
- Actual Harm. The harm that the victim underwent in an accident should be measurable, in economic, physical, or some other verifiable way.
- An accident case is considerably dependent on the plaintiff’s ability to demonstrate that the defendant’s actions have caused them harm.
Rideshare companies serve as independent contractors and not employers of the drivers. This makes it difficult for the company to be held liable in case of an accident. While it is usually the driver that will be held liable for an accident, there are certain instances in which the company can also be taken to court. If the driver is logged into the application and actively using it, the company can also be held liable for damages.
Common Injuries in a Lyft/Uber Accident
Rideshare drives can encounter head-on collisions, rear-end crashes, rollovers, and other catastrophic accidents. They may get into accidents with other vehicles and can also collide with big commercial trucks, pedestrians, or motorcyclists. The severity and nature of the subsequent injuries might depend on the collision type and the vehicles involved. Here are some common injuries from Lyft and Uber accidents in San Bernardino.
- Neck and back injuries
- Traumatic brain injury
- Internal injuries and bleeding
- Spinal cord injuries
- Soft tissue injuries
- Fractures and broken bones
- Wrongful death
What to Do After an Accident?
Accidents can be scary and traumatic. If you are a passenger/a victim in a collision, you might experience anger and anxiety following a crash. After an accident, you can safeguard your rights by taking the following steps:
- Gather information. Like a common accident, it is essential to collect information. This includes your Lyft or Uber, driver. And make sure you jot down the driver’s name, license plate number, and phone number. If there are any eyewitnesses, do take their information, as well.
- Check for injuries. One thing that you should do immediately after an accident is to ensure that everyone is okay. If there are any life-threatening damages, contact 911 straightaway.
- Take pictures. Images can serve as the best piece of evidence following an accident. In a rideshare accident, you might have various insurance providers involved. Make sure you document any proof, such as property damage, vehicle damage, skid marks, and road signs. Take pictures of the driver, scene, and license plates if possible.
- Hire an attorney. There are specific legal considerations when it comes to a car accident. So, determining who is liable and responsible for compensation can be challenging. For this reason, it is pivotal to contact an experienced lawyer who can help you comprehend your case and process your claim.