Razavi Law Group are top-rated rideshare accident attorneys in Mission Viejo, and surrounding areas. Our lawyers at Razavi Law Group have extensive knowledge of the laws that govern rideshare accident cases and can help you determine how to proceed when this unfortunate accident occurs as we fully dedicate ourselves and our resources to help you fight for a fair and just settlement during this difficult time.
Ridesharing services has been attributed to a 2-3% increase in auto accident fatalities, accounting for around 1,100 deaths. Ridesharing has been linked to an increase in vehicles on the road, and therefore, congestion.
As rideshare companies such as Uber and Lyft have become a common mode of transportation, it is not surprising that the spike in rideshare car accidents follows. If you, or a loved one, was involved in a car accident involving a ride share company, whether that be that you were driving, a passenger, or a pedestrian, the lawyers at Razavi Law Group are here to evaluate your case and investigate your collision to see if you are eligible for compensation.
A rideshare accident refers to a traffic collision or accident involving a vehicle used for ridesharing services, such as Uber or Lyft. Ridesharing is a popular mode of transportation where passengers can request a ride using a mobile app, and a nearby driver, using their personal vehicle, picks them up and transports them to their destination for a fee.
When a rideshare driver is involved in an accident while carrying passengers, the situation can become more complex than a typical car accident. There are different scenarios to consider:
Rideshare Driver’s Fault: If the accident is caused by the rideshare driver’s negligence or recklessness, and passengers sustain injuries, the passengers may be entitled to seek compensation for their injuries and damages. In such cases, the rideshare driver’s liability insurance comes into play.
Third-Party’s Fault: If the accident is caused by another driver or external factor, and the rideshare driver and passengers are injured, the at-fault driver’s insurance would typically be responsible for covering the damages.
Uninsured/Underinsured Motorists: If the at-fault driver doesn’t have insurance or doesn’t have sufficient coverage, the rideshare driver’s uninsured/underinsured motorist coverage may be applicable to cover the damages.
The most common question after being in an accident with a rideshare company is who is liable? And Can I sue the company? The answers depend largely in part on the circumstances pertaining to the collision. Our experienced rideshare accident attorneys at Razavi Law Group consider a few factors in order to determine who is liable:
It is important to keep in mind that Uber and Lyft ensure their drivers with a $1 million insurance policy while they are on duty. This means that if they hit and seriously injure you, or you are hit and seriously injured while in the car, their insurance policy will cover them up to $1 million dollars. However, their insurance policy does not cover their drivers while they are on duty so it is important to note if they were or not as their own personal insurance claims would be in effect.
Whether or not Uber and Lyft’s insurance liability is one of the many tedious parts to a rideshare accident which is why hiring a lawyer is extremely important after such an accident occurs so that their insurance does not try to undercut what you are rightly entitled to. At Razavi Law Group, we are here to ensure that you get the highest settlement possible to ensure that your damages incurred have been fully compensated for.
Every car accident, especially those involving a rideshare company, always starts at the crash scene. To build and strength your case to receive a fair settlement, here are some helpful next steps:
Proving a rideshare accident injury claim requires demonstrating specific elements to establish liability and seek compensation for your injuries and damages. Whether you are a rideshare passenger, a driver of another vehicle, or a pedestrian involved in the accident, certain key factors must be established to strengthen your injury claim. Here are the essential elements you have to prove in a rideshare accident injury claim:
Duty of Care: The first element to prove is that the at-fault party owed you a duty of care. In a rideshare accident, this typically involves showing that the rideshare driver had a duty to operate their vehicle safely and responsibly while carrying passengers or en route to pick up a passenger.
Breach of Duty: The next step is to demonstrate that the at-fault party breached their duty of care. This means showing that the rideshare driver’s actions or inactions deviated from the standard of care expected of a reasonably prudent driver. For example, they may have been driving recklessly, distracted, or violating traffic laws.
Causation: To have a successful injury claim, you must establish a causal link between the at-fault party’s breach of duty and your injuries. You need to show that the accident and the driver’s negligence directly caused your injuries and damages.
Damages: Proving the extent of your damages is critical for any injury claim. You must provide evidence of the injuries you sustained as a result of the accident, including medical records, doctor’s reports, and any related medical expenses. Damages can also include lost wages, property damage, pain and suffering, and other financial losses resulting from the accident.
Uber or Lyft’s Involvement: If you were a rideshare passenger or a pedestrian hit by a rideshare driver, you need to establish the driver’s status at the time of the accident. Proving that the driver was on-duty and operating as a rideshare driver for Uber or Lyft is crucial to determine the availability of their commercial liability insurance coverage.
Insurance and Liability Coverage: Understanding the insurance coverage available is vital for your claim’s success. Rideshare companies typically offer insurance coverage for their drivers during different phases of the rideshare trip. The applicable insurance coverage may vary depending on whether the driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a passenger.
Rideshare accidents can occur due to various factors, many of which are similar to the causes of general car accidents. However, some specific factors are more common in rideshare accidents due to the unique nature of ridesharing services. Some of the common causes of rideshare accidents include:
Distracted Driving: Both rideshare drivers and other motorists may get distracted by using their phones, adjusting GPS devices, or interacting with the rideshare app, leading to accidents.
Fatigue: Rideshare drivers often work long hours, and fatigue can impair their alertness and reaction times, increasing the risk of accidents.
Inexperienced Drivers: Some rideshare drivers might have limited experience in commercial driving, making them more prone to mistakes on the road.
Intoxication: Rideshare drivers or other motorists driving under the influence of alcohol or drugs pose a significant danger to passengers and others on the road.
Speeding: Speeding is a common cause of accidents in ridesharing services, especially when drivers are trying to reach their destinations quickly to pick up or drop off passengers.
Rideshare accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the accident and the impact of the collision. Some common types of injuries that can be caused by rideshare accidents include:
Whiplash: A common injury in rear-end collisions, whiplash occurs when the neck is forcefully and abruptly jerked backward and forward, leading to strain on the neck muscles and ligaments.
Head and Brain Injuries: Head injuries, including concussions, contusions, and traumatic brain injuries (TBIs), can occur if a passenger’s head strikes the vehicle’s interior during the accident.
Broken Bones and Fractures: The force of impact in a rideshare accident can lead to broken bones in the arms, legs, ribs, and other parts of the body.
Spinal Cord Injuries: High-impact collisions may cause damage to the spinal cord, leading to partial or complete paralysis and other severe disabilities.
Soft Tissue Injuries: Sprains, strains, and tears in muscles, ligaments, and tendons can result from sudden jolts and movements during a rideshare accident.
Being involved in a rideshare accident can be a stressful and challenging experience. If you decide to file a rideshare accident claim, it’s essential to understand what to expect throughout the claims process. While each case is unique, here’s a general outline of what you can anticipate in a rideshare accident claim:
Determining the exact value of a rideshare accident claim in Mission Viejo can be challenging as each case is unique and dependent on various factors. The value of your rideshare accident claim will be influenced by the severity of your injuries, the extent of property damage, the degree of fault of each party involved, and other related damages. Here are some key factors that can impact the worth of your rideshare accident claim:
The statute of limitations for a rideshare accident claim in Mission Viejo is generally two years from the date of the accident. This means that you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages resulting from the rideshare accident.
It’s essential to be aware of the statute of limitations because if you fail to file a lawsuit within the specified time frame, you may lose your right to seek legal remedies for your injuries and losses. After the statute of limitations expires, the court is likely to dismiss your case if it is filed late.
Speaking with a rideshare attorney is crucial when an accident occurs because insurance companies are more concerned with protecting themselves than compensating you for your medical bills or other trauma. Insurance companies will either try to pay the least amount possible or avoid a payout altogether. Accepting such settlements without consulting an attorney could result in low-ball offers that may not include damages you are entitled to, which could consist of future medical expenses, emotional trauma, or pain and suffering. Our experienced Mission Viejo rideshare attorneys at Razavi Law Group can help Contact us now for a free, no-obligation consultation. We’re here for you, ready to make a difference in your case.
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