Sacramento Uber & Lyft Accident Attorneys
Call (916) 229-6755 for Help with Rideshare Services Accidents
Car accidents involving ridesharing services like Uber and Lyft certainly fall into the category of “complicated and confusing.” There are typically passengers, drivers, and rideshare service providers involved, all with their various insurance policies and levels of coverage. Because Uber and Lyft are corporations and drivers work for the companies themselves, the issues of fault and liability can become murky.
Our team at Del Rio & Caraway, P.C. cares for you and wants to be there for you, even in the most complicated and confusing cases. No matter your injury or accident, our attorneys are here to serve you and help you move toward the result you want and the compensation you deserve.
Why Hire Del Rio & Caraway, P.C. as Your Rideshare Accident Lawyer in Sacramento?
- We're real people, getting real results for real injuries.
- No upfront fees: Pay $0 until your case is resolved.
- Available 24/7 to provide answers & legal help.
- Backed by decades of experience helping the injured.
We are genuinely concerned for your well-being. We believe our clients are people, not case numbers. We're here to help you reach financial recovery and a stronger future.
Call (916) 229-6755 or contact us online today to schedule a free consultation with our Sacramento rideshare accident lawyers
Safety Considerations for Your Uber Ride in Sacramento
People use rideshare services to get around town for many different reasons. However, one of the most popular reasons for using Uber or Lyft is to obtain a designated driver to avoid the consequences of drinking and driving.
While that’s a great way to prevent a DUI stop or being responsible for causing an accident, the chances of being involved in a car crash aren’t much lower than with other forms of transport. Here are some rideshare safety facts you should know.
In 2019, Uber issued a safety report. The following are some of the key Uber-related fatal crash statistics:
- In 2017 and 2018, there were 107 fatalities across 97 fatal crashes reported through the Uber app.
- In 2017, the Uber-related motor vehicle fatality rate was 0.59 fatalities per 100 million vehicle miles traveled.
- In 2018, the Uber-related motor vehicle fatality rate was 0.57 fatalities per 100 million miles traveled.
- 90% of Uber-related fatal accidents occurred in urban areas.
- Of the fatal Uber crashes between 2017 and 2018, 21% were drivers using the Uber platform, 21% were riders using the Uber platform, and 58% were third parties.
- 30% of fatal crashes involved pedestrians, 25% were drivers or riders using the Uber platform outside the vehicle.
- Eight of the total drivers and riders using the Uber platform were counted as pedestrians since they were fatally struck while they were outside the vehicle.
- Between 2017 and 2018, 2% of the fatalities reported were pedalcyclists involved in Uber-related crashes.
To put the above into perspective, the National Highway Traffic Safety Administration (NHTSA) reports that the national average is more than 1.1 fatalities per 100 million, so Uber has roughly half as many fatalities per mile in comparison. While there is no specific data reported on Lyft accidents, an article by MIT Technology Review states that rideshare services have increased U.S. traffic deaths by 2% to 3% since 2011.
At this time, Uber has not reported on non-fatal accidents and injuries. However, according to the latest data from the Centers for Disease Control and Prevention (CDC), each year in the U.S. three million people are injured in motor vehicle crashes.
Rideshare services continue to evolve, and with this evolution comes a need for up-to-date safety practices. While both Uber and Lyft have made efforts to improve safety measures, including the implementation of in-app safety features and background checks for drivers, users should also adopt personal safety measures. This includes sharing trip details with friends or family, verifying the driver's identity through the app, and always wearing a seatbelt.
How Rideshare Accidents Happen
Whether a rideshare driver or another motorist on the road causes an accident, the following are common reasons why Uber and Lyft accidents occur:
- Distracted driving (texting, talking on the phone, using GPS, playing with the radio).
- Disobeying traffic laws (running stop signs, going over the speed limit, ignoring traffic lights).
- Inexperienced drivers.
- Drowsy driving/driving while fatigued.
- Driving under the influence of drugs or alcohol.
Sacramento's diverse landscape, from urban centers to sprawling suburbs, presents unique challenges for rideshare drivers. The city experiences its fair share of traffic congestion, predominantly during rush hours, on major highways like I-5 and I-80. Navigating through such traffic can increase the stress and fatigue of drivers, which might contribute to increased accident risks.
Who is Responsible for My Injuries in a Rideshare Accident?
In any accident, if you are harmed due to someone else’s recklessness, negligence, or careless error, you may be able to take legal action against them to pay for the costs you have unfairly incurred as a result. Your rights are the same in Uber/Lyft accidents, but the challenges tend to be a bit different than in other collisions.
For starters, Uber and Lyft drivers work for their companies but are not directly employed by them. Strictly speaking, they are considered independent contractors and the company is not immediately liable to pay for damages and expenses associated with an accident, even if it was directly caused by one of their drivers.
As it pertains to your injury and recovery, this means your driver (or the driver whose negligence resulted in your harm) will first have to rely on their own insurance coverage, which tends to be significantly more limited than that of their company. You can only recover as much as the at-fault driver’s insurance policy will allow.
However, the insurance settlement isn’t always enough, especially if your injuries are serious and resulted in extended hospitalization, rehabilitation, or a change in your ability to work and earn a living. There are some cases in which you may need to pursue compensation from the driver’s company to ensure all your expenses are covered.
If your situation requires that you file a lawsuit or personal injury claim with Uber, Lyft, or another ridesharing company, prepare for opposition and some difficulty. These companies exist to make money and they will not exactly leap to provide you with the money you need.
In determining who is liable, it's essential to gather as much evidence as possible, including photos of the accident scene, witness statements, and any communications with the rideshare company. Having detailed records can aid in establishing your case and demonstrating the extent of your injuries and financial losses.
Del Rio & Caraway, P.C. is very familiar with the challenges accompanying rideshare accident cases and is dedicated to pursuing the compensation you deserve. Call (916) 229-6755 to get a free review of your claim!
Rideshare Accident Claims: Unique Challenges
Rideshare services have revolutionized how we travel, and millions of people use these services daily. While they certainly have their advantages, the rise of rideshare services has also brought about some unique challenges, particularly regarding accidents. As a passenger or driver, you might assume that filing an insurance claim for a rideshare accident is similar to filing a claim for any other type of accident. But several complicating factors can make the process more difficult.
Determining Liability
Determining liability is one of the main challenges of filing a ride-sharing accident claim. Unlike traditional car accidents, where there are typically only two parties involved, rideshare accidents can involve multiple parties, including the driver, the rideshare company, and possibly other drivers or pedestrians. Determining who is at fault can be a complex and time-consuming process. This is where working with a skilled attorney can be particularly helpful. An attorney can help investigate the accident and collect evidence to determine liability.
Navigating Insurance Companies
Another challenge with rideshare accident claims is navigating the insurance claims process. Rideshare companies like Uber and Lyft have insurance policies. Still, these policies only apply in some situations, depending on whether the driver was logged into the app during the accident. Additionally, the other driver involved in the accident might have an insurance policy that could come into play. With so many different insurance policies potentially affected, knowing where to turn for compensation can be difficult. Again, an experienced attorney can help you navigate this complex process and ensure you receive the compensation you deserve.
Impact of Injuries
Injuries sustained in a rideshare accident can be as serious as those suffered in any other car accident. However, another unique challenge with rideshare accidents is that passengers often do not know the driver or have any relationship with them outside of the ride itself. This can make it challenging to seek compensation from the driver directly, as they may need more resources to cover your expenses. Working with an attorney can help you explore other potential avenues for compensation, such as the rideshare company’s insurance policy.
Statute of Limitations and Deadlines
Another important factor to consider with rideshare accidents is the statute of limitations. In most states, there is a limited window of time to file a claim after an accident. If you miss this window, you may lose your chance to seek compensation altogether. An attorney can help you understand the relevant laws in your state and ensure that you are filing your claim within the appropriate time frame.
It's also important to consider the impact of local regulations governing rideshare companies and their operations. Some states have enacted specific laws regarding rideshare insurance requirements and accident liability. Understanding these regulations can be crucial in strengthening your claim and achieving a favorable outcome.
Passenger Injuries in a Rideshare Accident: Am I Covered?
Whether you’re an Uber or Lyft user or a passenger in someone else’s car, you may wonder what to do if you are involved in an accident. Either way, it won’t be your fault, but as a non-driver, you may feel uniquely vulnerable. Anyone behind the wheel is required to carry automobile insurance to cover injuries and damages—but are you included?
There’s no need to be nervous: A driver’s policy applies to any injuries caused by their negligence, whether they are to another driver, a passenger, or a bystander. Like anyone else, you will have to prove the driver’s actions are directly linked to the losses you are facing after an injury. But, you have the same right to recover compensation to assist you during recovery.
Here's how insurance works in these different scenarios:
When the Driver is Logged Off
No Insurance Coverage: If the driver is logged off the Uber or Lyft app, they are considered to be off-duty. In this case, Uber or Lyft's insurance does not provide coverage. If the driver is involved in an accident, they would need to rely on their personal car insurance policy. California law requires drivers to maintain personal auto insurance that meets the state's minimum liability requirements (at least $15,000 for injury or death of one person, $30,000 for injury or death of multiple people, and $5,000 for property damage).
When the Driver is Logged On, But Hasn't Accepted a Ride Request
Limited Insurance Coverage: When the driver is logged on to the Uber or Lyft app but has not yet accepted a ride, the driver is in what is referred to as "Period 1." In this period, the driver is waiting for a ride request. During this time, Uber or Lyft’s insurance provides limited coverage, which typically includes:
- Liability Coverage: Up to $50,000 per person for injury, $100,000 per accident for injuries, and $25,000 for property damage.
- Uninsured/Underinsured Motorist Coverage: If the at-fault driver doesn’t have enough insurance or none at all, the driver’s Uber/Lyft insurance may cover the damages.
When the Driver Has Accepted a Ride or Is Taking a Passenger to Their Destination
Full Insurance Coverage: When the driver has accepted a ride request or is in transit with the passenger, they are in "Period 2" (on the way to pick up the passenger) or "Period 3" (with the passenger in the car). During these periods, Uber or Lyft's insurance provides comprehensive coverage, which typically includes:
- $1 Million in Liability Insurance: Covers damages to others (third parties) in case of an accident, including injuries and property damage. This is the most significant coverage, and it applies whether the driver is at fault or not.
- Comprehensive and Collision Coverage: If the driver’s own car is damaged in an accident, this can cover repairs (minus any deductible), but the driver must also maintain comprehensive and collision coverage on their own policy for this to apply.
- Uninsured/Underinsured Motorist Coverage: In the case of an accident with a driver who is uninsured or underinsured, this coverage helps pay for damages.
Uber and Lyft also provide additional coverage for injuries to the driver under certain circumstances. However, drivers are encouraged to carry their own personal insurance policies to cover gaps in coverage, such as the deductible or potential personal injury claims.
Since 2015, the state of California has required drivers who provide transportation for hire to carry additional insurance. Transportation Network Companies, often referred to as TNCs, are required to provide this coverage for drivers whenever they are on the job. This rule was created because most personal insurance providers explicitly refuse to cover commercial activities like driving for Uber and Lyft. Though drivers can purchase their own rideshare insurance policies, and some do, every driver responsible for transporting others must have a way to compensate them should anything go wrong.
Understanding the nuances of insurance coverage is vital for rideshare passengers. While the rideshare company's policy may cover accidents during a ride, passengers should be aware of their rights and how to pursue compensation effectively. Consulting with knowledgeable legal professionals who understand rideshare insurance intricacies is often the best course of action.
Let our Sacramento Uber and Lyft accident lawyers get started on your claim by calling (916) 229-6755 or filling out our online contact form.
When Insurance Companies Don’t Cooperate in Rideshare Accident Cases
Rideshare accident claims are complicated and can be riddled with red tape since multiple parties may be held liable for your injuries. One major obstacle in rideshare accident claims is dealing with the insurance company, especially when they represent big corporations such as Uber and Lyft.
Unfortunately, insurers do not have your best interests in mind. Adjusters will do whatever it takes to reduce or even deny your claim entirely.
Some common tactics include:
- Delaying Claims Processing: Insurance companies may intentionally delay the processing of claims, hoping that the claimants will become frustrated and give up or accept a lower settlement.
- Disputing Liability: They may dispute liability, arguing that their insured driver was not at fault or that the claimant shares some degree of responsibility for the accident. This tactic aims to reduce the amount they have to pay out by shifting blame.
- Challenging Medical Treatment: Insurers may challenge the necessity or extent of medical treatment received by the claimant, attempting to downplay the severity of injuries or argue that certain treatments were unnecessary.
In addition to these tactics, insurance companies might deploy extensive investigative measures, such as hiring private investigators to monitor claimants or scrutinizing social media accounts for contradictory evidence. They might also insist on recorded statements, which can be used against the claimant.
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