Orange County Uber and Lyft Accident Attorneys

Liability in Complex Ridesharing Accidents

Uber and Lyft have become household names in Orange County, and for good reason: These companies provide an easy, cost-effective way to schedule a ride from your phone. Unfortunately, you may not always be safe in a ridesharing vehicle. When you become injured as the result of an Uber accident, determining liability for your injuries can be complex. At the Law Office of Marshall Silberberg, our rideshare accident attorneys in Orange County will help you determine who was negligent and seek justice for your injuries.

Understanding the nuances of rideshare liability is crucial. Rideshare apps like Uber and Lyft operate under a three-tier liability system based on the driver's status at the time of the accident. If the driver is offline, they are covered by their personal insurance. However, if the app is on and the driver is available, a contingent liability policy applies. Finally, when a ride is accepted or in progress, the rideshare company’s substantial insurance coverage is in effect. This complex system is why having knowledgeable legal guidance from a rideshare accident lawyer in Irvine or Orange County is vital.

Ready for a free review of your ridesharing accident claim? Contact our Orange County Uber and Lyft accident lawyers a call at (949) 565-4281 today for more information.

Common Types of Uber & Lyft Accidents

While Lyft or Uber accidents are fundamentally car accidents, they can have a wide range of possible outcomes and parties involved. There is also another layer of complexity added by the fact that these cars can be operating on behalf of the transportation network company (TNC) or simply driving on their own time. Finally, the fact that TNCs are not hailed like cabs but pre-arranged via the app system instead adds to the number of possible scenarios where liability for injuries could shift.

Accidents can occur under various circumstances involving rideshare services. Drivers may engage in distracted driving due to app navigation or communication, potentially leading to collisions. Additionally, the high demand for rides can result in fatigued driving, affecting driver reaction times. It's also important to consider that rideshare vehicles are often used intensively, which could lead to increased vehicle maintenance issues, contributing to accidents. These factors underscore the importance of thorough accident investigation to identify all contributing elements and responsible parties.

Here are some of the most common scenarios we typically see with Uber and Lyft accidents in California:

• The Uber or Lyft driver has either just accepted a ride or picked up a passenger, and then becomes involved in an accident that injures another driver while on the road.
• The Uber or Lyft driver becomes involved in an accident during a ride, and their passenger becomes seriously injured as a result.
• A pedestrian is injured by an Uber or Lyft driver with a ride in progress.
• An Uber or Lyft driver picks up a hailing passenger (or someone who did not pre-arrange a ride through the app) and then gets involved in an accident.

Determining Liability in Uber Accidents

As you can see from the scenarios listed above, there are many possible outcomes for accidents with a rideshare driver. In each of these cases, a different party may be liable for compensating your injuries, whether it be the TNC itself, their insurance company, the driver’s insurance company, or the driver if uninsured. Because these cases can be complicated, it’s important to review all the details of your situation with an experienced car accident attorney before proceeding.

Determining liability involves careful examination of the driver's activity during the accident. Understanding whether they were en route to pick up a passenger, actively transporting someone, or simply logged into the app without a current ride request affects the determination of liability. Navigating Uber and Lyft's policies, driver insurance, and company coverage demands meticulous legal attention, offering clarity in these multifaceted situations. Our attorneys have the keen insight needed to sift through these complexities, ensuring the pursuit of just compensation from the responsible parties.

That being said, there are a few questions to keep in mind when determining who is liable for your injuries:

• Was the Uber or Lyft driver working at the time of your accident? If the rideshare driver did not have the app on or have passengers on board at the time of your accident, the most likely party liable for damages is their own insurance company. However, if they were conducting any business activities on behalf of the company, you would likely need to negotiate directly with Uber or Lyft for compensation through their insurer.
• Were you driving another car during the accident? If you were not a passenger or a pedestrian, but another driver who got in a car accident with an Uber, the rule of pure comparative negligence will determine who is liable for injuries. In California, the pure comparative negligence rule means your share of a claim could be reduced by your percentage of fault in the accident. That means if the Uber driver was 60% responsible, but you were found 40% at fault for the accident, your recovery will only be 60% of the total claimed.
• Did you pre-arrange a ride with the Uber or Lyft driver? It may not happen often, but if you did not actually pre-arrange a ride through the app, or if the app wasn't turned on at the time of the accident, it can be more difficult to argue that Uber or Lyft insurance should cover your costs when injured. This is one of the reasons it’s recommended to always use the app to schedule an Uber or Lyft driver.

Skilled Representation for Rideshare Accidents in California

At the Law Office of Marshall Silberberg, our attorneys have a unique advantage: Our principal lawyer was previously an insurance defender, and he has a deep knowledge of this complex industry. When you work with us, we can provide you with a strategic evaluation of any claims to the Uber or Lyft insurance companies, or to the driver and their insurance company.

Our firm’s approach is rooted in leveraging our comprehensive understanding of insurance defense. This enables us to craft robust strategies that anticipate and counteract common defenses used by insurance companies, effectively advocating for our clients. We stay abreast of evolving rideshare regulations, which is critical to adjusting legal strategies and ensuring that clients can access all available forms of recovery.

We can also help you understand the role of liability and determine the strategy that will give you the best chance at fair compensation for your injuries. With more than 37 years of experience and millions won for our clients, you can count on Marshall Silberberg and his team.

Understanding Orange County Regulations & Rideshare Laws

Orange County, like the rest of California, adheres to specific regulations governing rideshare operations, designed to enhance passenger and public safety. One critical aspect is the requirement for rideshare drivers to maintain specific insurance coverage levels, which fluctuate based on the driver's status—whether waiting for a ride request, on the way to pick up, or transporting a passenger. California law mandates different insurance coverages at each stage, with higher stakes requiring more comprehensive insurance. Understanding these legal distinctions is pivotal for determining liability in an accident.

Additionally, California Public Utilities Commission (CPUC) rules impose stringent background checks and vehicle inspections for rideshare drivers. These measures aim to ensure that drivers meet safety and reliability standards, impacting liability considerations in accidents. At Law Office of Marshall Silberberg, our lawyers are well-versed in these local statutes and regulations, providing us with a profound ability to navigate the legal nuances surrounding rideshare incidents in Orange County. This local expertise is invaluable in forging effective strategies tailored to the specific legal environment of our region.

FAQs About Rideshare Accidents in Orange County

What Should I Do Immediately After a Rideshare Accident?

After a rideshare accident, your safety is the top priority. Ensure you and others involved are safe, and if necessary, seek medical attention immediately, even if your injuries seem minor. It's crucial to contact law enforcement and file an official report—which can serve as an essential piece of documentation later. Gather contact information, including details about the rideshare driver and any passengers, as well as insurance information. Document the scene by taking photos and notes of any visible damages, road conditions, and injuries. These steps can significantly bolster your ability to argue for rightful compensation in a legal setting.

How Do Rideshare Insurance Policies Work in California?

In California, rideshare insurance policies are designed to cover drivers at different operational stages—one of the reasons determining coverage complexity is crucial. Typically, when the rideshare app is off, the driver’s personal insurance applies. Once the app is on and a driver is awaiting a ride request, contingent liability policies kick in with $50,000 per injury coverage—capping at $100,000 per incident. If a ride is accepted, and the driver is en route to pick up or is transporting a passenger, coverage increases substantially with rideshare companies providing up to $1 million in commercial liability insurance. These tiers are important to understand and are navigated expertly by Law Office of Marshall Silberberg.

Who Can Be Held Accountable in a Rideshare Accident?

In rideshare accidents, multiple parties might bear responsibility, ranging from the rideshare driver to third-party drivers and even the rideshare company itself. Key factors influencing liability include the cause of the accident, driver status at the time, and the specific circumstances leading to the incident. For instance, if negligent driving or a vehicle defect leads to a crash, these factors could implicate the rideshare company or a manufacturer. At Law Office of Marshall Silberberg, we delve into these details, holding appropriate parties accountable with our client-focused approach, ensuring pursuit of all available compensation avenues.

What Are My Legal Rights as a Rideshare Passenger in Orange County?

Rideshare passengers in Orange County have the right to safety and financial recovery if injured. You’re entitled to pursue compensation not just from the rideshare driver's insurance but potentially from the rideshare company itself, depending on the ride status. Laws also enforce insurance coverages that back passenger protection. Law Office of Marshall Silberberg offers consultations to outline these rights specifically, clarifying the legal routes available. Understanding these rights fully can empower passengers to make informed decisions post-accidents.

How Can an Attorney Assist in Navigating Rideshare Claims?

Attorneys experienced in rideshare accidents, such as those at Law Office of Marshall Silberberg, bring a comprehensive understanding of both state laws and rideshare provisions, allowing them to navigate complex claims strategically. They assess every facet of an incident, from accident recreation to scrutinizing insurance coverages and negotiating settlements. With our profound legal acumen and personalized approach, clients are equipped to understand their potential compensation rights and the best pathway forward, achieving just reparation for their injuries and related losses.

Contact us at (949) 565-4281 for a consultation with our Orange County Uber and Lyft accident attorneys.