Fountain Valley Rideshare Accident Lawyer
Rideshare Accident Attorney in Fountain Valley, CA
Orange County residents use rideshare services to get around town and travel to locations all over California, including John Wayne Airport, South Coast Plaza, and along the busy highways like Interstate 405. When a crash occurs, however, determining who is liable can be much more complex than in a typical motor vehicle accident. A Fountain Valley rideshare accident lawyer can help you understand the legal issues in your case.
We Guide Clients Forward
At Bentley & More LLP, we believe that there is a story behind every case. Our Fountain Valley rideshare accident attorneys represent consumers and employees across California by developing personalized legal strategies based on the specific facts of each person’s situation. Although our attorneys have experience litigating cases to trial when necessary, we measure our success by the positive impact we have on each client’s life.
California Rideshare Accident Laws You Should Know
Rideshare accidents raise unique legal issues that you may not encounter in most car accidents. When a rideshare collision occurs, you still have questions about driver negligence. It’s also common to have inquiries regarding the insurance plans put in place by Uber, Lyft, and other transportation network companies.
California law requires transportation network companies to provide certain levels of insurance coverage based on the driver’s status at the time of the collision. For example, the coverage may vary depending on whether the driver was online but not accepting rides, waiting for a rider to request a trip, traveling to pick up a rider, or transporting a rider.
Like most personal injury claims in California, rideshare accident claims are subject to the statute of limitations under California Code of Civil Procedure § 335.1. This law typically allows two years from the date of the injury to file a claim. California’s comparative negligence rules under California Civil Code § 1714 also may apply to allocate fault when multiple parties are responsible for causing the crash.
The Complication of Rideshare Accidents
According to one study, one-third of rideshare drivers have been in an accident. Determining which insurance policy applies to your crash can be one of the most difficult issues in a rideshare accident claim in Fountain Valley. Rideshare collisions involve multiple insurance companies in many situations.
Uber and Lyft require their drivers to maintain some insurance coverage at all times. However, the coverage that applies to your accident may depend on the driver’s status within the app when the crash occurred. Because Uber and Lyft treat their drivers as independent contractors in many situations, additional legal issues can also arise.
Common Causes of Rideshare Accidents
Rideshare drivers often drive around unfamiliar locations while looking for rides. They also have to watch for app notifications while driving down Orange County’s busy streets. Once they pick up passengers, they must watch for traffic hazards while driving throughout town. Due to the unique nature of rideshare accidents, common causes of Uber and Lyft crashes include:
- Driving distracted, especially while using the app
- Lane changes
- Not yielding the right of way
- Driver fatigue
- Speeding
- Unsafe or aggressive driving
Busy streets like Brookhurst Street, Magnolia Street, and Warner Avenue often have high volumes of traffic where rideshare accidents can occur. Accidents also happen on the busy freeway corridors like Interstate 405 and State Route 55.
Injuries in a Rideshare Accident
Many different people could be injured in a rideshare accident. Who can pursue financial compensation depends on the circumstances of the crash. Some examples of individuals who could be injured include:
- Passengers in the rideshare vehicle
- Occupants of other vehicles
- Pedestrians
- Bicyclists
- Motorcyclists
- The rideshare driver
Insurance policies can differ depending on who was injured in the crash and how the accident happened. For this reason, each rideshare accident case must be reviewed carefully.
Hire a Rideshare Accident Lawyer
Determining which insurance policy applies to your case can be one of the most contentious issues in a rideshare accident claim. Rideshare accidents involve unique insurance issues, multiple parties who could be responsible for causing the crash, and evidence regarding app usage and driver status. For these reasons, when you hire a rideshare accident lawyer, they can explain your rights and evaluate your claim.
FAQs
Can I File a Claim Against Uber if I Get in a Crash?
You may be able to file a claim against Uber if you get in a crash, depending on the circumstances of the case. Many Uber accidents are handled through insurance claims instead of claims against Uber. That being said, there could be causes of action based on company policies, insurance issues, or other facts that may impact who is legally responsible. Only a thorough investigation can know for sure.
Does Uber Usually Settle Out of Court?
Similar to most personal injury claims, Uber-related cases tend to settle via negotiation prior to trial. However, this is not always the case. Liability issues, injuries sustained, available insurance, and amount of damages sought are just some of the factors that can determine if a claimant settles or litigates a claim.
What Should I Not Say to the Insurance Adjuster?
As a general rule of thumb, you should not guess, admit fault, downplay injuries, or give your opinions of your medical condition to an insurance adjuster prior to treatment being complete. Things said at the beginning of a claim can be used in ways you never intended. Sticking to the known facts and being completely honest can help prevent issues.
What Happens if the Rideshare Driver Was Not at Fault?
Damaged parties might still have legal remedies available to them even if the Uber or Lyft driver is not responsible for causing the accident. The at-fault driver’s insurance policy, rideshare insurance, or some other method of recovery may provide appropriate legal claims based on the situation. There may be one or more insurance policies that apply to the collision, based on the facts.
Learn How Bentley & More LLP Can Help
After a rideshare accident, victims may be left trying to understand why it happened, how to pay for medical treatment and lost income, navigating insurance companies, and wondering what’s next. California rideshare accident laws outline liability and insurance coverage rules, but each rideshare accident case is fact-specific. A personal injury attorney at Bentley & More LLP can help you in your case. Contact Bentley & More LLP for your consultation.
Client Testimonials
“I can’t thank Bentley & More enough, especially Steve. After my dad’s passing in a car accident, they secured a settlement we are so grateful for. From the start, they made sure we were taken care of, handling everything so we didn’t have to worry. Steve went above and beyond, always there when we needed support, and it was such a relief knowing we were in good hands. If you’re looking for a firm that truly cares, Bentley & More is the one. Highly recommend them!” – Kevin Jimenez ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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