Injured in a Rideshare Accident?

The team at Del Rio & Caraway is ready to fight for the money you deserve so that your life can get back on track after an Uber or Lyft accident in Sacramento.

Sacramento Uber & Lyft Accident Attorneys

Call (916) 229-6755 for Help with Accidents Involving Ridesharing Services

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 circumstances. 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?

  • We're Real People, Getting Real Results for Real Injuries
  • No Upfront Fees: Pay $0 Until We Win Your Case
  • 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.

How Safe is Your Uber Ride?

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 that much less when it comes to rideshare services. 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 and 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 fatally injured in motor vehicle crashes.

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

Who is Responsible for My Injuries in a Rideshare Accident?

downloading the uber appIn 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.

Del Rio & Caraway is very familiar with the challenges accompanying rideshare accident claims and are dedicated to pursuing the compensation you deserve. Call (916) 229-6755 to get a free review of your case!

The Unique Challenges of Rideshare Accident Claims

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.

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.

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.

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.

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.

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 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.

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.

What Should I Do After Being in an Uber or Lyft Accident?

injured in a rideshare accidentIf you were a passenger being transported by an Uber or Lyft driver at the time of the accident, you should collect the name, contact, and insurance information of both drivers. Do so even if you are not injured (or do not think you have been injured) at the time of the accident, because you may need it later. (This is especially true if you unknowingly sustained a soft tissue injury such as a concussion.)

If you were an Uber or Lyft driver, you should also collect the other driver’s information and that of your passenger(s). Even though ridesharing companies typically insure drivers, they (the drivers) are still considered independent contractors and must first rely on their own auto insurance provider to appropriately compensate affected drivers and passengers after an accident. However, the company’s insurance policy can be in if your personal insurance isn’t enough to cover the full cost of the accident and resulting injuries—but the company is likely to fight it in order to keep from having to pay up.

If you were another driver or passenger at the time of the accident, it is equally important that you obtain important information from the other drivers and passengers, regardless of apparent injuries. As time goes on, you may discover that you have been adversely affected by the accident and wish to seek compensation from the other driver.

Injured persons may need to seek compensation from Uber or Lyft if a driver’s insurance policy is not enough, as may be the case if there are serious injuries such as spinal fractures, brain damage, or other long-term harm. Be advised that you cannot do this on your own. A corporation like Uber will look for reasons to discredit your claim or low-ball you with far less compensation than you need to afford hospital bills, medicine, rehabilitation, and other costs of recovery.

Determining Liability in a Rideshare Accident

In California, liability for a rideshare accident can be complicated. It's important to determine who is liable for the accident before proceeding with a claim.

  • Negligence: In California, liability is often determined based on negligence. To establish negligence, you need to show that the other party (either the rideshare driver, another driver, or both) breached their duty of care and that their actions caused the accident and resulting damages.

  • Rideshare Company Liability: Rideshare companies like Uber and Lyft have insurance policies that may provide coverage in accidents involving their drivers. However, the level of coverage can vary depending on the specific circumstances, such as whether the driver was on a trip or in-between trips.

  • Driver's Status: The driver's status at the time of the accident is significant. If the driver was actively engaged in a ride, carrying passengers, or traveling to pick up a passenger, the rideshare company's insurance coverage typically applies. If the driver was not logged into the app or not on an active ride, their personal insurance policy may be the primary source of coverage.

When Insurance Companies Don’t Cooperate

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.
  • Questioning the Severity of Injuries: Insurance companies may question the severity of injuries claimed by the accident victims, often by requiring extensive documentation and medical evidence to support the claims.
  • Utilizing Surveillance: Some insurers may conduct surveillance on claimants to gather evidence that contradicts their injury claims. They may use this information to dispute the validity of the claims or the extent of the injuries suffered.
  • Offering Low Settlements: Insurance companies may offer low settlement amounts in the hopes that claimants will accept them out of desperation or a lack of understanding of their rights to fair compensation.
  • Claiming Pre-Existing Conditions: Insurers may argue that the injuries claimed by the accident victim were pre-existing or unrelated to the accident, thus reducing their liability for compensation.
  • Using Policy Exclusions: Insurance policies often contain various exclusions and limitations that insurers may use to deny coverage for certain types of damages or circumstances related to the accident.
  • Seeking Multiple Opinions: Insurance companies may require claimants to undergo multiple medical evaluations or independent medical examinations (IMEs) by doctors chosen by the insurer. These doctors may be more inclined to downplay the severity of injuries or dispute the need for further treatment.
  • Threatening Legal Action: Insurers may threaten legal action or imply that the claimant will face difficulties in court if they do not accept the insurer's settlement offer.

We advise drivers to not talk to any other party’s insurer after an accident. This is because insurance adjusters do whatever they can to reduce their liability. They may ask leading questions to see if they can get the other driver to admit any fault so they can reduce their settlement. You will not have to worry about questions of fault, but insurers may also challenge your injury reports, using your own words against you.

Our experienced rideshare accident attorneys have handled cases like yours before. We can take care of all the communication and advocate for your interests against insurance adjusters who are unlikely to offer you a fair settlement the first time. Having someone on your side can be invaluable when you need help after an injury.

We understand hiring a car accident attorney isn’t a decision you take lightly, which is why we offer free consultations. We want you to meet the team who will be working for you, which includes not only a team of compassionate attorneys but also a dedicated case manager to ensure your concerns are heard. Del Rio & Caraway, P.C. is here for you.

Speak To Us Today - (916) 229-6755

As soon as you are in an accident, collect information from all other parties involved, ensure a proper police report is made, seek immediate medical attention, then contact a Sacramento Uber & Lyft accident lawyer. At Del Rio & Caraway, P.C., we can help you ensure you are protected and prevent insurance providers and ridesharing companies from taking advantage of you.

Send us a message to schedule your free case evaluation with a member of our team.

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