Victim of a Rideshare Accident?

Ridesharing services like Uber and Lyft have become a major mode of transportation in Newport Beach. While convenient, accidents can happen, leaving passengers and other parties to deal with injuries, property damage, and insurance complexities.

If you’ve been involved in a rideshare accident, consider contacting Sweet James Accident Attorneys for a free consultation with a Newport Beach rideshare accident lawyer.

What Are The Common Causes of Rideshare Accidents in Newport Beach?

Rideshare accidents are driven by factors unique to the structure and demands of Uber and Lyft services. Understanding these causes may help explain how rideshare crashes happen and what issues may come up in a claim. Below are some of the reasons rideshare accidents occur:

Driver Fatigue Due to Long and Irregular Working Hours

Many rideshare drivers take on extended shifts to increase earnings or juggle multiple jobs, often driving late at night or during early morning hours. This irregular schedule may increase the risk of fatigue, which impairs attention, slows reaction time, and can result in poor decision-making behind the wheel, placing both passengers and others on the road at greater risk.

Surge Pricing and Its Impact on Driver Behavior

During periods of high demand, rideshare platforms implement surge pricing, significantly increasing fares. This financial incentive can lead drivers to accept more rides in rapid succession or travel to crowded areas quickly to maximize their income. As a result, some drivers may speed, take unnecessary risks, or pay less attention to safe driving practices, heightening the potential for accidents during these busy times.

Distractions Created by Rideshare Apps and Passenger Interactions

The very apps that power Uber and Lyft require drivers to constantly monitor for new ride requests, follow GPS directions, communicate with passengers, and adjust settings mid-trip. These tasks can divert the driver’s attention from the roadway, increasing the likelihood of unsafe driving behaviors and triggering accidents that may otherwise be preventable.

Pressure to Meet Tight Deadlines and Maintain High Ratings

Rideshare drivers are often under significant pressure to accept rides promptly, complete trips quickly, and maintain a high customer rating. This pressure can push drivers to speed, make unsafe lane changes, or disregard traffic laws, all in an attempt to maximize fares and earn tips. These behaviors create heightened risks for both passengers and surrounding vehicles.

Limited Familiarity with Local Roads and Unpredictable Route Changes

Unlike traditional taxi drivers, many rideshare operators may be unfamiliar with Newport Beach’s neighborhood layouts, one-way streets, and high-traffic zones. Reliance on GPS directions is common, but technology is not flawless – sudden reroutes and unclear instructions can lead to abrupt stops, illegal turns, or confusion about right-of-way, resulting in hazardous situations.

These specific risk factors distinguish rideshare collisions from typical car accidents and underscore why some people choose to speak with an attorney about potential claims and insurance coverage.

What Injuries Are Commonly Seen in Rideshare Crashes?

Collisions involving rideshare vehicles often result in various injuries for passengers, drivers, and pedestrians. Some of the most commonly reported injuries include:

• Whiplash: Rapid neck movement during a sudden stop can strain the muscles and ligaments, leading to whiplash.
• Fractures: From arms and legs to ribs, fractures often occur due to the force of impact in crashes.
• Traumatic Brain Injuries (TBI): Head trauma from violent impact can lead to concussions or more significant brain injuries.
• Spinal Cord Injuries: Damage to the spine can result in chronic pain, mobility issues, or even paralysis.
• Cuts and Bruises: Broken glass and sharp debris are common in accidents, often causing lacerations or other external injuries.

If you have injuries or symptoms after a crash, consider seeking medical evaluation. You can also consider speaking with a Newport Beach rideshare accident attorney to better understand potential next steps.

How Do You Obtain Compensation After a Rideshare Accident?

Determining liability in a rideshare accident and figuring out how to seek compensation involves many legal nuances. Unlike typical car accidents, these cases may require examination of multiple insurance policies and parties, each with unique coverage limitations. Who may be held financially responsible? The answer depends on the specific circumstances at the time of the collision:

Uber/Lyft Driver’s Personal Auto Policy

Rideshare drivers are required to have their own personal auto insurance. This policy only applies if the driver is not using the rideshare app—for example, when they are driving for personal reasons and are not available for rides.

Many personal policies may exclude coverage for commercial or rideshare activity once the app is on, depending on the policy terms.

Uber/Lyft’s Commercial Policy

Both Uber and Lyft offer commercial insurance coverage to protect drivers, passengers, and third parties. The coverage available varies by “period”:

• Offline: If a driver is not logged into the app, only their personal policy applies. For example, if a driver finishes a shift and gets into an accident on the way home, Uber or Lyft’s insurance does not apply.
• Waiting for a Ride (App On, No Passenger): When the app is active but the driver has not yet accepted a ride, limited liability coverage is usually available. This might provide up to $50,000 per person for bodily injury and $100,000 per accident (subject to change). For instance, if a driver is waiting for a ride request and causes a crash, this limited coverage applies.
• En Route or During a Trip: Once a ride has been accepted and until the passenger is dropped off, Uber and Lyft carry up to $1 million in liability coverage (subject to change). If a crash happens while the passenger is on board, this commercial policy is designed to cover damages for all involved parties.

Third-Party Drivers

There are cases where another driver – separate from the rideshare service – is responsible for the crash. For example, if you are injured in a rideshare vehicle because another vehicle ran a red light, the at-fault driver’s insurance may cover your losses. However, insurance companies sometimes dispute coverage or fault, which can add complexity that may benefit from legal guidance, depending on the dispute.

Because coverage can depend on the driver’s app status and the facts of the crash, some people choose to consult a Newport Beach rideshare accident lawyer to better understand which policies may apply and what options may be available.

What if The Victim is Partially At Fault?

California applies a pure comparative negligence standard to personal injury claims, including rideshare accidents. Under this rule, you can collect damages even if you are partially at fault for the collision. However, your compensation will be reduced by your percentage of fault.

For example, if you are found 20% responsible, your financial recovery will be reduced by 20%. In general, this rule means a person may still pursue damages even if they share some fault, though any recovery may be reduced.

Compensation You May Pursue After a Rideshare Accident

If you’ve been involved in a rideshare accident, you may seek compensation for losses directly related to the incident. Understanding the different categories of damages and how they may apply to your situation may benefit your claim.

Medical Expenses

You may be able to seek reimbursement for emergency room visits, ambulance fees, hospitalization, surgery, medication, physical therapy, and future ongoing care, depending on coverage, evidence, and applicable law.

For example, if your injuries from the accident require surgery or long-term rehabilitation, these future anticipated costs may be included in your claim.

Lost Wages and Reduced Earning Capacity

If your injuries prevent you from working, either temporarily or permanently, you may be able to pursue compensation for the income you’ve lost during your recovery.

Additionally, if you are unable to return to your previous occupation or must work in a lower-paying role because of your injuries, the difference in earnings can be pursued.

For instance, a rideshare passenger left unable to work for several months due to a fractured leg could seek compensation for both the lost wages and any reduction in future earning capacity.

Property Damage

If your personal property, such as your vehicle, electronics, or luggage, was damaged in the rideshare accident, you may pursue the reasonable cost of repair or replacement. A common scenario is a rideshare passenger whose laptop or phone is broken during a collision.

Pain and Suffering

Damages for pain and suffering go beyond physical injuries. You may seek compensation for the emotional impact, such as anxiety, depression, or loss of enjoyment of daily life, that results from the accident. An example would be a victim who develops post-traumatic stress disorder (PTSD) after a serious crash, interfering with their ability to drive or travel.

The value and availability of each type of compensation depend on the unique facts of your accident. An experienced Newport Beach rideshare accident lawyer can review your circumstances.

How a Newport Beach Rideshare Accident Lawyer May Help

Navigating a rideshare accident claim involves unique challenges that can be difficult to tackle without legal guidance. A knowledgeable Newport Beach accident lawyer may help in several ways:

Investigating Rideshare Driver Status

Determining whether the rideshare driver was logged into the app, waiting for a ride request, en route to pick up a passenger, or actively transporting someone is essential. Your lawyer may review digital records, app logs, trip receipts, and witness statements to establish the driver’s exact status at the time of the accident.

Negotiating with Uber and Lyft Insurance Teams

Rideshare companies are represented by experienced insurance adjusters. A Newport Beach rideshare accident lawyer knows the applicable laws, and they can negotiate on your behalf, present clear evidence, and respond to coverage or liability disputes using documentation and applicable law.

If the insurance team disputes coverage periods or liability, your lawyer may provide documentation, accident reconstructions, or legal precedents to reinforce your case.

Litigating When Necessary

If negotiations do not resolve the claim, an attorney may discuss whether litigation is an option. This may involve preparing evidence, questioning witnesses, and advocating before a judge or jury.

Why Consider Hiring Sweet James Accident Attorneys For Your Rideshare Accident Case?

At Sweet James Accident Attorneys, we understand the stress that follows an accident. That’s why we offer a free, no-obligation consultation to review your case and answer questions and explain general legal and insurance considerations.

At Sweet James Accident Attorneys, you can speak with a Newport Beach rideshare accident attorney about how rideshare coverage and the claims process may work in your situation. Reach out today to speak with a Newport Beach personal injury lawyer. Call us to learn more.

Disclaimer: Past results do not guarantee future outcomes.