Rideshare Accident Lawyer in Los Angeles

Rideshare services are an accessible way people can get to work, school, or an event if they don’t have a car or if they don’t want to drive through the infamous LA traffic. However, getting into a car accident can cause life-changing injuries that can leave people wondering what to do to survive.

Whether you’re a driver or a passenger, your right to compensation is something a rideshare accident lawyer in Los Angeles at Vaziri Law, LLP, will fight for. We use our legal expertise to help you navigate the claims landscape, unclear liability, and complex insurance policies. We’ve helped our clients recover millions in car accident cases; let us help you too.

Key Takeaways

1. 25% of people in the United States use rideshares to get around without having to use their car or public transportation.
2. Rideshare companies and their insurers may try to avoid compensating you for your injuries after a crash.
3. Laws that protect rideshare companies from liability make it complicated to file a direct case against the rideshare company.
4. A Los Angeles rideshare accident lawyer is available to assist you with your case and get you the compensation you deserve.

What’s a Rideshare?

Rideshare services connect passengers with vehicles through digital platforms. Much like taxis, people use them to go place to place without any additional stops for a fee. The most popular rideshare companies in the United States are Uber, Lyft, and Waymo.

What to Do After an Accident

After an accident, it’s important to gather as much information as possible and seek assistance. Do the following after an accident:

1. Prioritize your safety and that of those around you. When involved in an accident, it’s recommended to move to the side of the road so as not to impede traffic. If the driver is unable to do that, find a parking lot in a shopping center to stop and exchange information. However, if the driver in the other car is unresponsive, call for emergency assistance and follow their instructions.
2. Call emergency services. Police should always be notified of an accident, unless the crash resulted in no injuries at all or less than $1,500.00 worth of damage. If you feel you or another person involved requires medical attention on the scene, request an ambulance as well when calling the authorities.
3. Document the scene. If you’re in a safe location and aren’t too injured to do so, take photos and videos of your injuries, the crash scene, the damage to your vehicle, the road conditions, and the traffic.
4. Contact a rideshare accident lawyer before speaking to insurers. The opposing insurance company, the rideshare driver’s personal insurance, and the rideshare company’s insurance may attempt to undermine a possible rideshare accident claim by getting a recorded statement within days of the accident. Never provide a recorded testimony to insurance companies without a rideshare lawyer present and do not accept the first settlement offer until speaking with a personal injury lawyer in Los Angeles.

How to Document a Scene

After calling the police and emergency services, start documenting the scene. Having your own record of the events will greatly help a rideshare accident attorney reconstruct the scene.

1. Exchange contact/insurance information with all parties. – As is customary in any accident, exchange contact information, licenses, and insurance with all the parties involved in an accident. Make sure to also take down the insurance information for the rideshare driver. If you’re hurt in a rideshare, you may need to file a claim under both the driver’s and the rideshare company’s insurance policies, depending on the situation.
2. Take photos/video. – Taking your own photo and video evidence is crucial for helping your attorney understand the scene. If you have dashcam footage, submit that as well.
3. Collect witness testimonies (if any). – If there are any witnesses in the area, try to get their contact information. They can provide additional information to your attorney that you may not be aware of.
4. File an accident report. – If the police are called to the scene, they will file an accident report. Often, this will provide the officer’s impression of the accident and will offer some insight into what they deemed caused the accident to happen in the first place. If you are not a native English speaker and are worried about being understood in your testimony to the police, you are legally entitled to an interpreter. Additionally, if a police report is inaccurate, your accident attorney can help you file for a revision.
5. File a report to the rideshare company. – Take a screenshot of your rideshare ride details and receipt for your records and use the app to report the accident. Your driver should also do this but reporting as a fare drives home the severity of the situation to the company.
6. Go to the doctor. – Once you leave the scene, go to the doctor as soon as possible. Injuries often remain hidden for the first hours or days after an accident until they become serious. Get an initial check-up and keep a record of the visit to present to your attorney. If a doctor diagnoses you with an injury, keep up with any and all treatments and follow-up appointments. Sticking to medical advice is crucial to a successful rideshare accident lawsuit.

Common Causes of Rideshare Accidents

A rideshare accident can be caused by one or more of the following:

• Distracted driving
• Drowsy driving
• Reckless driving
• Parking in unsafe areas
• Poor vehicle maintenance
• Unsafe road conditions

Common Injuries in Rideshare Accident

Common injuries that manifest after an accident include physical and psychological damages such as:

• Whiplash
• Spinal cord injuries and paralysis
• Facial injuries
• Broken/fractured bones
• Concussions
• Traumatic brain injuries
• Post-traumatic stress disorder (PTSD)
• Anxiety

What a Los Angeles Rideshare Accident Lawyer Can Do for You

Navigating the aftermath of a rideshare accident can be a difficult process. Our Los Angeles rideshare accident lawyers are equipped with the legal knowledge needed to help you identify who is responsible for the accident and find resources to help you move forward.

Negotiation with Insurance and Rideshare Companies

Negotiating with insurance and rideshare companies can be exhausting for the average person. By delegating this task to us, you can focus on your recovery and spending time with your loved ones. While you’re recovering, we can negotiate fair compensation on your behalf using our legal knowledge to avoid pitfalls the average person would fall into.

Filing a Spoilation Letter

This information is a crucial part of an accident investigation. Rideshare companies may fight to keep trip logs, driver records, and rating histories hidden from victims and their attorneys. To prevent this, attorneys can file a spoilation letter that makes these companies preserve the information the lawyer asked for.

Access to Quality Medical Care

We have access to a network of trusted physicians that can provide excellent treatment without upfront expenses. These experts can also be called up on to testify to the extent of your injuries if your case goes to court.

Courtroom Advocacy

If settlement negotiations fail, we are fully prepared to take your case to trial. We won’t stop until we get you the compensation you deserve.

With 100 years of combined legal experience, our rideshare accident lawyers are dedicated to getting our clients the justice they deserve.

How Our Rideshare Attorneys Win Los Angeles Cases

A rideshare attorney uses all the evidence provided to defend you. We analyze records, identify liable parties, speak to witnesses, and use legal precedents to strengthen your case.

Our team prioritizes building an argument that hinges on objective data supported by expert testimony. This facts-first approach creates a solid foundation that is not easily broken by Defense claims.

The Vaziri Law rideshare accident lawyers then expand upon this strong factual framework by explaining the full extent of your injuries, the impact of these injuries, and the turmoil a case can put families through.

Who Can Be a Liable Party?

Liable parties differ based on each case. The following are some common parties that can be held liable in a rideshare accident:

• Drivers
• Employers
• Vehicle owners
• Pedestrians
• Government entities

How Attorneys Determine Liability

Determining liability in a rideshare accident case depends on four factors: duty of care, breach of duty, causation, and damages. To determine who needs to be held liable based on these four factors, California attorneys will refer to comparative negligence.

This legal doctrine states that all parties involved in an accident can be responsible for some percentage of it. This percentage is determined after reviewing evidence and active insurance policies. If you were a passenger, you will not be considered a liable party. This means you can file a suit against any at-fault party drivers in your case.

Duty of Care

Duty of care states that other parties had the responsibility to act in a way that would avoid harming others. To begin the process of determining liability, the injured party must prove the other party owed them duty of care.

Breach of Duty

The injured parties must prove that the other party breached their duty of care through their actions or lack of action.

Causation

It’s not enough to show that a party breached their duty of care. Clients must also prove that the breach was a direct cause of their injuries. Causation can be broken down into two types: actual and proximate.

• Actual cause – This means that the other party’s action directly led to your injury.
• Proximate cause – This means the injury was a foreseeable result of the other party’s actions.

Damages

Then comes the easy part: proving you suffered damages. Clients must submit evidence that they suffered physical, financial, and/or psychological harm as a direct result of the accident in question. This includes both economic and noneconomic damages.

Economic damages in rideshare accidents may include:

• Medical bills
• Trauma therapy
• Lost income
• Vehicle damage

Noneconomic damages in a rideshare accident could include:

• Pain and suffering
• Loss of consortium
• Loss of opportunity
• Loss of enjoyment of life

What If I Was in a Self-Driving Car?

If you find yourself in an accident with a self-driving car, there are specific laws a Los Angeles rideshare lawyer may turn to for guidance.

In California, a 2026 law addresses autonomous vehicles as parties in accidents or recipients of tickets. These laws define who is responsible for these vehicles and establish liability in crashes involving self-driving vehicles. They also help determine the standard for self-driving car insurance.

AB1777

To address the rise of self-driving cars like Waymo and Tesla, lawmakers introduced a series of laws. AB1777 defines the standards for manufacturer responsibility when a self-driving vehicle fails to meet safety and/or operational standards.

If you find yourself in an accident inside a Waymo, know that California requires that the vehicles send collision data to first responders. This not only notifies emergency services but preserves crucial evidence that can be used to file your rideshare accident claim.

Determining Liability in a Self-Driving Car Accident

With a self-driving car, it can be difficult to determine blame because a self-driving car isn’t sentient. However, there are various people behind the car who can influence how a ride turns out.

Like a commercial truck accident, fault in a self-driving car accident can involve multiple parties. These parties include the manufacturer, the fleet operator, and third-party maintenance providers.

How are These Parties Responsible?

Depending on the report the self-driving car shares with first responders and/or the details of the accident, there are many ways additional parties could be held responsible for a self-driving rideshare car accident. These cases fall within one of two categories, product liability and negligence, and can affect the settlement amount a passenger may receive.

Product Liability

This refers to defects in the vehicles that were found to be the direct cause(s) of the accident. Common examples include:

1. Sensors failing to detect obstacles
2. Glitches with acceleration and braking
3. Algorithms failing to recognize safety signs and changes on streets such as road work or construction sites.

Negligence

Self-driving cars usually have an operator watching the vehicle from a distant location. This is to help prevent further disasters by having an operator ready to intervene if the car starts malfunctioning. Negligence claims can arise when the company operating said vehicle fails to intervene in a timely manner. Common examples include:

1. Delayed response to collisions
2. Failure to perform safety updates or recalls
3. Lack of oversight from the remote monitoring center

How Rideshare Attorneys Calculate Compensation

In an accident, all parties can experience physical and psychological injuries. These injuries and any other expenses are considered and categorized into two types of damage, economic and non-economic.

Economic Damages

These damages are calculated by adding up all the expenses a party has incurred by treating their injuries. These include medical expenses, lost wages, home renovations, and any other expenses with a fixed price.

Non-Economic Damages

These damages relate to the psychological damage an accident can have on the injured party. This includes disabilities, pain and suffering, and the development of trauma responses like PTSD and anxiety. It also includes the loss of consortium and enjoyment of life. The cost of these damages is calculated in two ways:

1. Multiplier Method – An insurer multiplies a client’s economic losses by a set number based on the severity and permanence of the injuries. This number can be between 1.5 and 5, with 1.5 signifying less pain and 5 signifying severe pain.
2. Per Diem Method – After determining how many days a client’s pain will persist, a client will be given a flat rate for each past and future day of pain. This daily wage is based on their daily wage.

Common Tactics Rideshare Companies Use to Avoid Responsibility

The average person knows companies will likely do all in their power to avoid taking responsibility for their negligence. Rideshare companies are no different. Here are some of the common challenges rideshare accident attorneys face when filing a claim against a company.

Low Settlements

Like insurance companies, rideshare companies may try to offer injured parties low settlements that barely cover anything. They do this knowing that the average victim will be financially stressed and eager to take any amount of money that can contribute to paying off any unexpected bills.

Using Recorded Statements Against You

A company’s insurance adjusters may contact you and ask for a statement about the accident. They can use your testimony against you in negotiations if you say something that can be taken out of context to build their case.

If the insurance company calls you, refer them to your lawyer.

What If I’m a Rideshare Driver?

If you’re a rideshare driver, the same procedure applies to you. If you are in an accident, follow the same procedure as you would in a typical car accident. Make sure to report the incident to your employer as soon as possible.

Digital records are crucial to your case, so keep screenshots with timestamps. This will help your attorney build a case on your behalf. However, there are a few things protecting your employer from becoming liable for an accident.

Proposition 22

Proposition 22, passed in November 2020, exempts app-based drivers from AB5. This classifies rideshare drivers as independent contractors. This legal distinction makes it easy for rideshare companies to avoid direct liability.

However, this does not mean that rideshare companies cannot be held liable in an accident.

Insurance Periods

“When did the accident occur?”, is the first thing an attorney will ask when you come in to file a rideshare accident. To confirm this, your attorney will subpoena the driver’s trip logs from the rideshare company to confirm this information.

California mandates rideshare companies keep specific insurance coverage based on a driver’s status. Depending on when the accident occurred, rideshare insurance may or may not cover any injuries sustained. This is known as the three-period insurance system.

1. Period 0 – If a driver is not logged into the app when they get into an accident, their personal insurance covers the accident.
2. Period 1 – If the driver’s app is on, but they don’t have an active fare, the rideshare company’s insurance can only cover up to $50,000 per person, $100,000 per occurrence, and $30,000 in property damage.
3. Period 2 – If the driver has been matched and is enroute to the pickup location, the rideshare company will cover up to $1 million in damages, $1 million in uninsured insurance, and contingent collision actual cash value up to a $2,500 deductible.
4. Period 3 – If there is a passenger in the car, the company will cover up to $1 million in liability and $1 million in UM/UIM.

The most dangerous category to be in is period 1. $50,000 isn’t a lot; it barely covers a visit to the ER. A driver can try to file a claim with their personal auto insurance, but they may reject their claim because they were using their car commercially at this time.

How to Stay Safe When Using a Rideshare

It’s no secret that nefarious parties try to take advantage of unsuspecting travelers by disguising themselves as rideshare drivers. When taking a rideshare vehicle, like a Lyft, keep these safety precautions in mind.

1. Cross Reference Vehicles and Drivers – Before getting into a rideshare vehicle, check that the vehicle matches the description you were given on the app. Make sure the driver’s photo matches the person in the driver’s seat as well.
2. Cross Reference Passengers – If you’re a driver, verify the passenger’s name and destination before they enter the vehicle. If the app has a passenger photo available, make sure to cross reference that with the person in the back seat as well.
3. Get Picked Up in a Safe Area – When marking a pick-up location, try to pick well-lit and populated locations. If possible, try to avoid getting picked up in front of your house. Shopping centers, grocery stores, and gas stations are good places to get picked up and dropped off at- especially at night and if you’re alone.
4. Trust Your Instincts – It’s okay to decline or end a ride if you feel unsafe or threatened. Prioritize your safety, even if it causes a setback in your journey.
5. Share Your Location – Most rideshare apps give passengers links to share with loved ones. These links allow trusted parties to track a passenger’s location in real time. Send these as soon as you get the link.
6. Wear your seatbelt – Just because you’re in a rideshare, does not mean that you can go without a seatbelt. You are still subject to being pulled over for not following wearing one, even as a passenger.

Frequently Asked Questions

How Long Do I Have to File a Rideshare Accident Claim?

In California, the statute of limitations is 2 years to file a rideshare accident claim. However, it’s best to file sooner rather than later. If you wait too long, you run the risk of evidence deterioration, and your case will become weaker as a result.

If you were in an accident because of government oversight such as failing to maintain roads, negligent government drivers, or dangerous road conditions, then you have six months to file your case.

How Long After a Rideshare Accident Should I Hire a Lawyer?

It’s recommended to contact an attorney as soon as possible. Police reports take 10-14 days to process. The earlier we are contacted, the easier it is for us to do our preliminary investigation.

Should I File an Accident Report?

Yes! While these companies do prioritize the safety of their drivers and passengers, they are companies at the end of the day. Reporting a Lyft accident or Uber accident can be intimidating, but having a Los Angeles rideshare lawyer on your side can help you get the compensation you deserve.

How Much Money Can I Receive?

That depends on the circumstances of your case. Many people believe that they can get a lot of money from the bigger rideshare companies like Lyft and Uber, but that is not always the case. These entities are protected by standards set by the law, just like everyone else.

What if an Accident Becomes Fatal?

If an accident becomes fatal, the surviving family of the decedent can file a wrongful death case on their behalf.

How Long Does a Case Take?

A case can take anywhere from six months to a year to resolve. Each case depends on the evidence presented. Speak to your attorney to learn about your timeline.

Does My Immigration Status Affect the Case?

No, you are protected under California tort law. Evidence Code §351.2 and §351.4 prohibit disclosure of immigration status in personal injury cases.

Why Should I Avoid Social Media?

When you have an active case, avoid posting on social media. Any information posted on social media that can be publicly accessed can be used against you by the other party. They can argue that you’re faking your injuries if you post a photo of yourself in town or if you post about your daily life without complaining about your pain.

Do I Need a Smartphone to Call a Rideshare?

No. You can still call a rideshare without a smartphone. Some places help seniors book rides. Uber Health allows health care providers to arrange rides to appointments and services like GoGoGrandparent allow people to call to book a ride.

I Already Have Another Lawyer. Can I Switch to Vaziri Law?

Yes! Contact us so we can review your retainer agreement. If you can switch, we will file the appropriate paperwork and resolve prior counsel liens through negotiation or noticed motion if necessary.

Contact a Rideshare Accident Lawyer Today!

If you have any other questions, our attorneys at Vaziri Law, LLP, would be delighted to answer them. We understand how overwhelming a rideshare car accident can be for the average person. Don’t fret! Schedule a free consultation with one of our lawyers today!