Uber, Lyft, or Other Rideshare Accidents
Convenience and immediacy are what so many people living in or visiting Los Angeles want when it comes to transportation. Ridehailing services are the alleged solution to this want. Ridehailing, more commonly known as ridesharing, is a service that allows a person to book and pay for car service through a smartphone app with a ridesharing company. These ridesharing companies are referred to as transportation network companies (TNC). In Los Angeles, the two most popular TNCs are Lyft and Uber, but there are also smaller companies, like Ziro, Via, Flywheel, Wingz, etc.
While ridesharing continues to be a popular service, the service also presents concerns on the road. TNCs compete with taxi drivers whose livelihoods have been dependent on transporting people from one place to another since the 1800s. Ridesharing has also, according to at least one peer-reviewed study published in 2019, The Cost of Convenience: Ridehailing and Traffic Fatalities, been the cause of increased traffic and traffic accidents.
Convenience and immediacy are what so many people living in or visiting Los Angeles want when it comes to transportation. Ridehailing services are the alleged solution to this want. Ridehailing, more commonly known as ridesharing, is a service that allows a person to book and pay for car service through a smartphone app with a ridesharing company. These ridesharing companies are referred to as transportation network companies (TNC). In Los Angeles, the two most popular TNCs are Lyft and Uber, but there are also smaller companies, like Ziro, Via, Flywheel, Wingz, etc.
If you have been injured in an accident involving a ridesharing driver, or if you are a ridesharing driver, you may be entitled to compensation. It all depends on the facts and circumstances. The one big difference with ridesharing accidents, however, is identifying who is responsible for the accident and who is also liable for the accident. The ridesharing driver may be responsible for the accident, but the TNC or another third party may be liable for the damages (vicarious liability or respondeat superior). Again, it depends on the facts and circumstances. Here’s an overview of what you should know and why you need a smart, trusted personal injury attorney in Los Angeles if you have been injured in a ridesharing accident.
What are the Common Causes of Ridesharing Accidents in Los Angeles?
Ridesharing accidents in California are caused the same way any car accident is caused. That said, there are some causes that are more common among ride sharers than other drivers simply due to the nature of ridesharing, like:
- Deadheading refers to the period of time when ridesharing drivers drive without a customer or are on their way to pick up a customer. During this period, these drivers may be looking at their app or spending unnecessary time on the road, contributing to traffic, and optimizing chances for an accident to occur.
- Drowsy driving is a major cause of accidents, especially among ridesharing drivers who may be on the streets driving for long periods of time or late at night.
- Distracted driving is another leading cause of accidents and is especially relevant to ridesharing drivers because they may be looking at the app while driving or even while parking and not noticing other cars, bicyclists, or pedestrians or may spend more time talking to new passengers and less time paying attention to the road. Ridesharing drivers also tend to text while driving, make phone calls, look at the caller ID, fidget with map navigation, among other distracting behavior.
- Speeding is another major cause of accidents and is also relevant here because ridesharing drivers are pressured to arrive fast to pick-up passengers or to transport passengers to their destination.
- Inexperience driving is relevant to ridesharing accidents because Uber, Lyft, and other ridesharing drivers aren’t typically required to get specific training like commercial drivers are required to get. Generally, all rideshare drivers need is one-year experience driving, so there are no safety classes provided or any other type of training.
The cause of the accident is important because it identifies who is at fault for the accident. Once you identify who is at fault, you can begin to determine who is liable, and, as such, who owes you compensation for your injuries. Fortunately, California follows the pure comparative negligence doctrine, meaning even if the victim of the accident was partly to blame, he or she can still sue for damages, though the damages will be reduced accordingly.
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What’s the Difference Between Ridesharing Accidents and Taxi Accidents?
There are fundamental differences between ridesharing accidents and taxi accidents that can make a difference in terms of a victim’s personal injury claim. Here are some of those key differences:
- Taxi drivers are not typically associated with deadheading because they tend to wait in one specific area (e.g., outside of airports) for their customers. As such, they aren’t attributed to an increase in motor vehicle accidents.
- Taxi drivers have historically been required to be experienced and undergo training while the latter is not true with ridesharing drivers. This matters because the lack of experience can contribute to an accident and liability on the side of the employer who may have negligently hired an inexperienced driver.
- Ridesharing drivers use their own vehicles and so the maintenance of those vehicles is entirely up to the driver (though California law requires an inspection once a year).
- Taxicab drivers must carry black boxes in their vehicles, and these black boxes can trace their speed, velocity, and time, meaning taxi cab drivers may tend to be more mindful of their driving.
- Insurance requirements differ between taxi drivers and ridesharing drivers, and this is a significant difference. In California, ridesharing drivers are required to have their own insurance, and rideshare companies also have insurance requirements imposed on them by the respective companies based on “periods.” The below table reflects the insurance coverage Uber and Lyft provide per these so-called periods.
The good news for victims of ridesharing accidents when the rideshare driver caused the accident while on duty is that you have protections––which is one of the biggest differences between rideshare and taxi accidents. In either case, however, if you have been in an auto accident involving a rideshare or taxi driver, you are entitled to compensation only if you suffered injured or other losses.
Find the Right Ridesharing Accident & Personal Injury Attorney in Los Angeles
Victims of ridesharing accidents can involve just about anyone, including the rideshare driver, rideshare customers, passengers, pedestrians, other motorists, motorcyclists, or bicyclists. What you do once in an accident depends on many factors, including if the rideshare driver was on duty. If so, then you may file a claim with Uber or Lyft, the at-fault driver, the driver’s employer and/or applicable insurance carrier, and/or others who can be potentially liable. But you may want to consult an attorney first to make sure that your claim is accurate and made to your advantage. Uber and Lyft are huge companies with profits at stake. The same is true about insurance companies with profits at stake. An experienced accident attorney in Los Angeles who knows the ins and outs of rideshare accidents can make sure you get fair and just compensation for all your damages. Depending on the facts of your matter and your personal preferences, we will refer you to the right attorney according to your specific situation.
