Many Modesto residents rely on rideshare apps like Uber and Lyft to get to and from their destinations. Though rideshare apps are largely safer than driving while impaired, they aren’t entirely risk-free.
In 2019-2020, 101 deaths occurred across 91 fatal Uber-related crashes, and 20 fatalities were reported in a total of 19 physical assault incidents involving Uber. If you were injured through no fault of your own in an incident involving a rideshare app, you have the right to pursue compensation for the damages you’ve experienced.
The Modesto rideshare accident attorneys at Berg Injury Lawyers have been fighting for injured people in Northern California since 1981, and we are here to help you explore your legal options.
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®.
Contact us today for a free consultation.
Understanding Rideshare Accident Cases
Rideshare accidents can involve many different scenarios, each of which carries its own set of liability and legal options for the injured people involved. Here are the most common types of accidents involving Uber and Lyft:
Accidents Involving an Uber or Lyft Driver and Another Vehicle: Rideshare accidents often occur when an Uber or Lyft driver is involved in a collision with another vehicle.
These accidents can happen due to various factors, including driver negligence, road conditions, or the actions of other drivers. In such cases, determining liability can be complex, as both the rideshare driver and the driver of the other vehicle may share fault.
Accidents Involving an Uber or Lyft Driver and a Pedestrian or Cyclist: Collisions between rideshare vehicles and pedestrians or cyclists can result in severe injuries due to the lack of protection for those on foot or on a bike.
These accidents may occur due to distracted driving, failure to yield, or other negligent behaviors. Establishing liability in these cases often involves examining the actions of the rideshare driver and the circumstances leading to the collision.
Accidents Where the Rideshare Driver Is at Fault: When an Uber or Lyft driver is found to be at fault for an accident, whether due to distracted driving, speeding, or other reckless behavior, they, or the rideshare company, may be held liable for the damages.
In these scenarios, the injured party may seek compensation through the rideshare company’s insurance policy, which typically provides coverage when the driver is actively working.
Accidents Where Another Driver Is at Fault but Involves an Uber or Lyft Passenger: If an accident occurs due to the negligence of another driver but involves an Uber or Lyft passenger, the passenger has the right to pursue compensation from the at-fault driver’s insurance.
Additionally, Uber and Lyft provide supplemental insurance coverage that may apply, ensuring that passengers are protected even if the at-fault driver is underinsured or uninsured.
Complexities of Rideshare Accident Claims
Rideshare accident claims are often more complicated than standard car accident claims due to the involvement of multiple insurance policies. Determining which insurance policy applies and to what extent can be challenging, especially when different parties and their insurers are involved.
One of the key complexities in rideshare accident claims is understanding the difference between personal auto insurance and the insurance provided by Uber or Lyft. Personal auto insurance often excludes coverage for accidents that occur while the driver is engaged in commercial activities, such as driving for a rideshare service.
However, Uber and Lyft provide their drivers with commercial insurance that may apply depending on the driver’s status at the time of the accident.
Understanding When a Rideshare Company’s insurance Applies
Uber and Lyft’s insurance coverage is divided into different periods based on the driver’s activity:
- Period 1: When the driver is logged into the app but has not yet accepted a ride. During this period, limited liability coverage is provided.
- Period 2: When the driver has accepted a ride but has not yet picked up the passenger. The coverage increases, including liability, uninsured/underinsured motorist coverage, and contingent collision/comprehensive coverage.
- Period 3: When the passenger is in the vehicle, full coverage applies, including liability and physical damage coverage.
Understanding these periods is important in determining the extent of the rideshare company’s liability and the potential compensation available to victims.
Steps to Take After an Uber or Lyft Accident
The actions you take immediately after a rideshare accident can be a factor in the compensation you receive if you file an injury claim. Victims should take the following steps:
Seek Medical Attention and Ensure Safety: The first step after an Uber or Lyft accident is to prioritize your health and safety. Even if you don’t feel severely injured, it’s essential to seek medical attention as some injuries may not be immediately apparent.
Report the Accident to the Police: A police report is a vital document that can be used as evidence when filing a claim. Make sure to provide the officers with accurate details about the accident and obtain a copy of the police report for your records.
Document the Accident Scene: If you are able, take photographs of the accident scene, including the vehicles involved, any visible injuries, road conditions, and traffic signals. Additionally, gather contact information from witnesses who can provide statements later.
Report the Accident to Uber or Lyft: After ensuring safety and contacting the police, you can report the accident to Uber or Lyft as soon as possible through the built-in features of the Uber or Lyft app. Reporting the incident through the rideshare app initiates a record of the event and triggers the rideshare company’s insurance process. Failing to report the accident promptly can complicate your claim.
Contact an Attorney: Dealing with the complexities of a rideshare accident claim can be challenging, especially when dealing with multiple insurance policies and legal issues. An experienced rideshare accident lawyer will help protect your rights and ensure that you receive fair compensation for your injuries and damages.
An attorney experienced in Uber and Lyft accident cases will handle all communications and negotiations with the insurance companies involved, allowing you to focus on your recovery.
They will gather evidence, assess the full extent of your damages, and advocate on your behalf to secure the compensation you deserve. Having a lawyer by your side ensures that you are not taken advantage of by insurance adjusters and that your legal rights are fully protected.
Compensation for Uber and Lyft Accident Victims
When your injuries are caused by another person, you have the right to pursue compensation for the injury-related expenses you’re facing. This includes:
Medical Expenses
One of the primary concerns after an Uber or Lyft accident is covering medical expenses. Victims may be entitled to compensation for a wide range of medical costs, including emergency care, hospital stays, surgeries, rehabilitation, and any future medical needs related to the injuries sustained in the accident. This compensation aims to alleviate the financial burden of medical treatments and ensure that victims receive the care they need for a full recovery.
Lost Wages and Earning Capacity
Accidents can lead to time away from work, resulting in lost wages. If your injuries prevent you from returning to work for an extended period, or if you can no longer perform your previous job duties, you may also be entitled to compensation for lost earning capacity. This covers not only the income you’ve already lost but also the potential future earnings you may miss out on due to the accident’s impact on your ability to work.
Pain and Suffering
Beyond the tangible financial losses, victims of Uber and Lyft accidents may experience significant physical pain and emotional distress. Compensation for pain and suffering addresses these non-economic damages, recognizing the profound impact that injuries can have on a victim’s quality of life. This can include compensation for chronic pain, emotional trauma, anxiety, depression, and other psychological effects resulting from the accident.
Property Damage
In addition to personal injuries, accidents often result in damage to personal property, including your vehicle, bicycle, or other belongings. Victims can seek compensation to cover the costs of repairing or replacing damaged property. This ensures that you are not left out of pocket for the expenses needed to restore your property to its pre-accident condition.
Wrongful Death Claims
Tragically, some Uber and Lyft accidents result in the loss of life. In such cases, the family members of the deceased may be entitled to file a wrongful death claim. This compensation can cover funeral and burial expenses, loss of financial support, loss of companionship, and other damages related to the emotional and financial impact of losing a loved one. Wrongful death claims are designed to help families cope with the devastating consequences of such a loss and provide financial security during a difficult time.
Contact Our Modesto Uber and Lyft Accident Lawyers Today
Having an attorney by your side is invaluable in a personal injury claim, especially one that might involve a rideshare company. Berg Injury Lawyers has decades of experience helping people get the compensation they deserve, and we’re available to speak to you about your case. Contact our Modesto Uber and Lyft accident lawyers today for a free consultation.
