What are Uber/Lyft accidents?

With more people relying on rideshare services such as Uber and Lyft, the amount of Uber/Lyft accidents has increased. Specifically, from 2017 to 2018, fatal uber accidents amounted to over 100 people. However, determining who is liable for the accident can be complex. If you were in an Uber/Lyft accident in Irvine, you are entitled to compensation.

Uber and Lyft Accident Law in Irvine, CA

What should I do if an Uber/Lyft hits me?

You can be hit by an Uber/Lyft as a pedestrian and while you are in your vehicle. For either scenario, you are entitled to the same rights as the Uber/Lyft passenger. As a result, if you have been hit by an Uber or Lyft in Irvine, you are entitled to compensation for your injuries and damages.

What should I do if I am a Uber/Lyft driver in Irvine?

Under California Law, California Assembly Bill 5, drivers are not independent contractors, but rather employees. Therefore, rideshare companies may be liable for the accident. While rideshare companies can go around these accidents, you can recover damages from the personal insurance company or insurance provided by Uber/Lyft.

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What are Uber/Lyft insurance policy limits in Irvine?

Uber and similar companies follow general insurance policy limits based on what stage of the ride the driver was in.

Offline: The first possible stage is if the driver is offline. For instance, if the driver was not on the app when the accident occurred then the accident would be resolved under personal auto insurance

Period 1: If the driver was on the Uber app, but not accepting rides, during the time of the accident, Uber limits

  • $50,000 of bodily injury liability coverage for every individual injured
  • $100,000 of bodily injury liability and $30,000 of property damage liability coverage for every accident
  • $200,000 in additional liability insurance

Period 2: If the driver has accepted a ride when the accident occurred ridesharing companies are required to give

  • $1 million in primary commercial insurance, on the basis that the claim will be filed against Uber or the driver’s personal insurance

Period 3: If the driver has accepted a ride and has picked up the passenger, the company must offer

  • $1 million in primary commercial insurance
  • $1 million in uninsured or underinsured motorist coverage

What are some important dates and timeline for a Rideshare lawsuit in Irvine?

In California, the statute of limitations details until when the lawsuit can be filled. For instance, under California law, there is a two year deadline from when the rideshare accident occurred. If injuries were not immediately noticed (i.e. delayed symptoms or damage), you have two years from when the delayed injury was recorded. Additionally, If the accident involved a federal, state, or municipal vehicle, the statue of limitations is six months.

What damages are covered under Uber/Lyft injuries in Irvine?

Unfortunately, rideshare accidents can be life-threatening. Common damages that you may have suffered from includes, but are not limited to

  • Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication. Some of the common injuries include:
    1. Broken bones: collision from a car, even if the car was driving at the speed limit, is enough to break bones in a pedestrian’s legs, arms, etc. It can take several weeks to even months to recover. In sever cases, victims can suffer permanent disabilities and disfigurement from amputations and burns.
    2. Spinal cord injuries: spinal cord injuries lead to many motorcyclists to lose the ability to control certain parts of their body. Specifically, a spinal cord damage below the waist can lead to the inability to move body parts below the waist. If victims are fortunate enough with the treatment, they may be able to go through rehabilitation but for many victims, they may never be able to walk again.
    3. Internal bleeding: While many injuries can be easily identifiable, some are not that obvious. Collisions can lead to internal organs or blood vessels to rupture. If not treated immediately, it can lead to organ failure.
  • Expenses: If there were costs that were out of pocket, it can be included for compensation
    1. While it can be unfortunate, some pedestrians will not survive their injuries. As a result, expenses for burials and funerals can be filed.
  • Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
  • Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
  • Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury

Evidence that can be collected and used in your case

There are several pieces of information that can be helpful to the case. For instance, it is important for passengers or drivers to call the police for an accident report. This allows a physical and official record of the accident that proves the incident in Irvine. Additionally, this can confirm that the injuries were from the recorded accident.

Furthermore, it is helpful to take pictures of your injuries, the scene of the accident, as well as any other damages that are relevant. Within those picture, include a copy of the at-fault or injured driver’s license, his/her insurance card, and the license plate. Contact information can be vital to reach out to eyewitnesses as they can confirm any claims you made about the accident and injuries.

Additionally, even if there were only minor injuries, it is important to visit a doctor to have a medical evaluation. The doctor can determine any injuries that are present and caused by the accident, and can record what treatments are required.

What should I do if I have suffered from motorcycle injury?

If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence as detailed above.

Be sure to report the incident to the police or public agency in charge so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.

We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with any Uber and Lyft accidents in Irvine.

How Can We Help?

While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered Uber/Lyft injuries, it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after an Uber/Lyft injury. Our experienced Irvine personal injury lawyers can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.


Relevant resources

Frequently Asked Questions for Uber/Lyft Accident in Irvine

If the Uber or Lyft driver was uninsured or underinsured, you may still have options for recovery. Your attorney can explore other avenues such as your own uninsured/underinsured motorist coverage, or potentially hold the rideshare company responsible. They will work to ensure you receive the necessary compensation despite coverage issues.

Many Uber/Lyft accident cases are resolved through settlement negotiations without going to trial. However, if a fair settlement cannot be reached, your case may proceed to court. Your attorney will guide you through the process, advocating for your best interests whether in settlement talks or trials.

To effectively handle your case, your attorney will need details such as the accident report, medical records, photographs of the scene, witness contact information, and any communication with the rideshare company or insurance providers. Providing complete and accurate information will help your attorney build a strong case.

The timeline for resolving an Uber/Lyft accident case can vary based on factors such as the complexity of the case, the extent of damages, and negotiations with insurance companies. Some cases are resolved in a few months, while others may take longer. Your attorney will keep you informed and work diligently to resolve your case as efficiently as possible.

If the Uber or Lyft driver was driving recklessly or under the influence, this could strengthen your case for seeking compensation. Reckless or impaired driving can be considered a form of negligence, which can lead to higher damages. Your attorney will gather evidence, such as police reports and witness statements, to support your claim and hold the driver accountable.

The rideshare company, such as Uber or Lyft, may be involved in your accident claim as they typically provide insurance coverage for their drivers while they are on the job. Your attorney will negotiate with the rideshare company’s insurance to seek compensation and ensure that the company fulfills its responsibilities in the claim process.

If the Uber or Lyft driver was not at fault, you can still pursue a claim against the responsible party’s insurance. Your attorney will help identify who is liable for the accident and seek compensation from their insurance or other relevant sources. It is important to hold the responsible parties accountable for your injuries and damages.

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