Encinitas Rideshare Accident Attorney
Standing Up for Individuals Injured in Uber & Lyft Crashes
Rideshare companies Lyft and Uber dominate the California rideshare industry. Unfortunately, as the number of rideshare vehicles grows in our state, so do the number of rideshare accidents. If you or someone you know has recently been hurt in a rideshare accident—as a driver, passenger, or pedestrian—you may be entitled to monetary compensation to cover your accident-related losses. However, due to the novelty of rideshare companies and how they treat legal matters, filing a claim can be complicated in practice.
At the Law Offices of C. Bradley Hallen, I can help. As your Encinitas rideshare accident lawyer, I can evaluate your case for free, investigate the collision to collect evidence, and aggressively represent your interests during negotiations as well as any litigation that may follow. Even if your case ends up making it all the way to court, I am ready and willing to fight for you with whatever it takes and am not afraid of taking on large companies like Uber and Lyft.
Can I Take Legal Action If I’ve Been Injured in an Uber or Lyft Accident?
Taking legal action against rideshare giants Lyft and Uber is far from straightforward. Who is liable for the crash? The rideshare driver or their employer? Is compensation available? Many questions such as these may be running through your head as you contemplate what to do.
Uber and Lyft have made it difficult to file lawsuits against them, mainly because their drivers are classified as independent contractors rather than employees. Fortunately, both companies do offer insurance coverage in the event of an accident caused by or involved one of their drivers; however, you can only receive this coverage if the rideshare driver was working at the time of the crash.
Basically, there are three types of rideshare accidents for Lyft and Uber liability purposes:
- Accidents involving a rideshare driver that occur while you are in another vehicle
- Accidents involving a rideshare driver that occur while you are outside a vehicle (walking, cycling, etc.)
- Accidents that occur while you are a passenger in a rideshare vehicle that either are or aren’t the fault of the rideshare driver
Both Uber and Lyft provide their drivers with a $1 million insurance policy while they are on duty. This means that you can bring a claim against this policy whether you were a passenger in a rideshare vehicle, a pedestrian, or a driver or passenger in another vehicle at the time of the crash. However, if you were injured by an Uber or Lyft driver while their rideshare app was turned off, you would have to file your claim against the driver’s personal auto insurance policy.
Determining insurance liability is just one of many complicated steps in the process of filing a rideshare accident claim. Give me a call and I can help you overcome the many legal hurdles you will encounter during the proceedings and hold all liable parties accountable for your medical bills, lost wages, pain and suffering, and other damages.
How an Attorney Can Help
Due to the complex legal nature of such claims, it is never a bad idea to get professional help from a lawyer near you—especially if you aren’t very familiar with how to handle such legal matters already.
In order to win your case and recover compensation, you must be able to prove that:
- A “duty of care” was owed to you by the at-fault party,
- The at-fault party breached that duty of care,
- The breach was the direct cause of the rideshare accident, and
- The accident resulted in compensable damages, such as medical expenses or pain and suffering.
Working with a lawyer can make this process much easier. If you delay seeking legal representation, essential evidence might disappear, and you may end up making a costly error that your attorney could have helped you avoid. I will handle your case and perform an investigation into your accident to gather evidence. I can also help you to understand the steps you should take and what pitfalls to avoid to give you the best chance of success.