Usually, the driver is liable for a rideshare accident if they cause a crash while looking for passengers. Additionally, victims may file a compensation claim against the rideshare company depending on the circumstances if the driver was on duty during the collision.
Suppose you are involved in a rideshare accident in California. In that case, this article will help you understand liability in such cases and the steps to take to receive compensation for the damages.
Can Rideshare Drivers Cause Accidents While Looking for Passengers?
Rideshare drivers are often required to stop and start frequently, maneuver through congested areas, and use mobile applications while operating a vehicle—all of which can raise the risk of an accident.
According to recent research, one-third of rideshare drivers who participated in the study admitted to having been in an accident while on the job. There was a higher chance of collisions when using a cell phone, driving when tired, or traveling in an unfamiliar area.
Unfortunately, when looking for passengers, drivers often engage in distracted driving. This action heightens the risk of auto crashes by compromising a driver’s ability to react to changing road conditions and risks by drawing their focus away from driving.
Moreover, rideshare drivers occasionally need to make quick stops to pick up or drop off passengers without giving other cars any notice. Sometimes, drivers also stop at bus stops, no-parking zones, or double-park, endangering people and other cars.
Although drivers for ridesharing services are essential to the modern transportation system, their line of work can make them more vulnerable to accidents, particularly when actively seeking passengers.
What to Do When Involved in a Rideshare Accident
Being involved in a rideshare accident can be a confusing experience, whether you are a passenger or another involved party. Here are some steps you should take to guarantee your safety and defend your rights:
- Check for injuries on both you and the other participants. Make it a priority to get help for anyone who requires medical attention.
- Go to a safe spot away from traffic if it’s safe.
- Inform the dispatcher of the accident’s location and any injuries, then report the incident to the police.
- Collect evidence at the scene, such as by photographing the damaged vehicle, the license plates of the involved parties, and any apparent injuries, to gather proof.
- Contact a California rideshare accident lawyer, especially if there are serious injuries or disagreements regarding who is at fault. You can get legal assistance in navigating the intricacies of your claim and receive the compensation you deserve.
Although being involved in a ridesharing accident can be stressful, following these guidelines can help safeguard your rights and safety. Obtaining expert counsel, keeping up with pertinent parties promptly, and keeping accurate records is essential to handling an accident’s aftermath.
Can I File a Claim for a Ridesharing Accident When the Driver Is Looking for Passengers?
Injured victims typically have the right to file a personal injury claim to seek compensation in a car accident. To succeed, they must demonstrate that the other party’s wrongful actions directly caused the crash. The at-fault party’s insurance provider will cover the victim’s damage costs if proven.
It is crucial to gather evidence to prove the other party’s negligence. This involves showing that:
- The other party had a duty to ensure the safety of others.
- They failed to fulfill this duty.
- The accident occurred as a result of this breach of duty.
- You suffered injuries or other damages from the accident.
So, if a rideshare driver hits you while actively looking for passengers, they may be liable for the damages. This is because using cell phones while driving is generally considered distracted driving – a violation of California law.
Under California Vehicle Code 23123.5, drivers are prohibited from operating a handheld wireless phone or an electronic wireless communications device while operating a motor vehicle unless the device is made especially to be used hands-free and via voice commands.
If the rideshare driver is using a cell phone while actively looking for passengers while driving, they can be responsible for the damages you incur from the crash,
Determining Fault in Specific Scenarios
Different scenarios can happen when a driver is actively looking for passengers, resulting in rideshare accidents.
- Accident While the Driver is Actively Searching for Passengers: It can be deemed distracted driving if the driver is looking for passengers or using the ridesharing app while paying attention to the road. In such an instance, they can be liable for the damages.
- Accident While the Driver is Parked Waiting for Passengers: The driver may be partially or entirely at fault if they parked at a bus stop, no-parking zone, or any prohibited area while waiting for passengers. However, in such situations, the actions of the other involved driver will also be considered. Did they commit violations during the crash? If yes, both parties may share liability.
- Accident Involving a Driver En Route to Pick Up a Passenger: When a driver going to a passenger’s location causes an accident, they may be accountable for the damages. However, the actions of the other involved drivers will also be considered in such circumstances.
- Accident When a Passenger is in the Car: When a rideshare driver causes a collision while serving a passenger inside their vehicle, their actions, such as speed, compliance with traffic signals, and attentiveness, will be considered when determining liability. They may be held liable for both their passenger’s and the other involved party’s damages if proven liable.
While it is possible to secure compensation for the damages from a rideshare accident, there are intricacies victims are unaware of, hindering them from receiving the settlement they deserve. Sometimes, injured victims refuse to file a case, thinking that the driver was only doing their job during the crash.
When this happens to you, remember that drivers must have insurance requirements before having the right to operate a ride sharing vehicle. Hence, you are filing against their insurance provider instead of the driver. Furthermore, California rideshare accident attorneys understand such complexities and know how to navigate them to win your case successfully.
Lawyer’s Tip: If a rideshare driver is liable for the damages, you can hold the company they are working for responsible for the crash. Doing this can help you maximize the payout you will receive.
Can I Also Hold the Rideshare Company Responsible?
If a rideshare driver who is currently NOT working hits you, you may seek compensation through their auto insurance. Rideshare companies require drivers to maintain their auto insurance to cover vehicle damages, especially when not on duty.
On the other hand, sometimes, the rideshare company may be held liable for the accident, including when:
- The driver’s app was active, and they were awaiting a ride request.
- The driver had accepted a ride request and was waiting for the passenger.
- The driver was on the way to pick up a passenger.
- The driver had a passenger in the car en route to the destination.
In the United States, rideshare apps must provide insurance coverage of $1,000,000 for injuries, property damage, or wrongful death caused by their drivers while actively using the app. If you can prove that the rideshare driver is liable for the crash while looking for passengers, you can hold the company they are working for responsible for the damages.
It is also crucial to contact a California rideshare accident lawyer to evaluate the details of the crash and determine liability. Remember that you are fighting against a large company with resources to hire a legal team. Thus, you must also have a competent attorney by your side who will fight for your rights vigorously.
What Damages Can I Claim?
California rideshare accident attorneys strive to obtain the highest possible compensation for losses resulting from your accident. Although this might seem straightforward, pursuing vehicle accident claims can be complex, especially without the necessary knowledge and experience.
You can typically seek compensation for medical expenses and property damage caused by the accident. However, a car accident lawyer can maximize your settlement by exploring all damages related to your case, including:
| Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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Additionally, the court may impose punitive damages if the responsible party’s actions are found to be particularly egregious or malicious.
While calculating economic damages is straightforward, determining the value of non-economic losses is more challenging. California’s top rideshare accident attorneys have the expertise to assess and quantify non-monetary damages accurately, ensuring you receive maximum financial compensation.
Moreover, these legal professionals can evaluate your personal injury case to determine if you are eligible for punitive damages.
How Can the California Rideshare Accident Lawyer Help Me?
While you can seek compensation for a rideshare accident, holding the ridesharing company responsible for the crash can be more challenging. They can insist they aren’t liable because their drivers are independent contractors, freeing them of responsibility.
A California rideshare accident lawyer with expertise in accident claims can evaluate the details of your accident, establish liability, and calculate the total damages. They can also effectively support your claim by:
- Collecting essential evidence to build your case.
- Proving liability.
- Calculating the full extent of damages.
- Negotiating with the insurance company.
- Taking the case to trial if needed.
Suppose you need a car accident lawyer in California to safeguard your legal interests. In that case, Jacoby & Meyers provides some of the most skilled and dedicated personal injury attorneys committed to ensuring you receive the justice you deserve. While many firms assist with accident compensation, Jacoby & Meyers is distinguished by its unwavering commitment to protecting your rights, making it a preferred choice for accident victims.
Since 1972, Jacoby & Meyers has consistently fought for the legal rights of individuals involved in accidents, securing substantial settlements. Our impressive track record, with over $2 billion in settlements, demonstrates our dedication to our clients.
If you’ve been injured in a car accident, Jacoby & Meyers is here to help. We offer free consultations for injury victims and work on a contingency fee basis.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
Instead of taking our word for it, listen to what satisfied clients say about our services.
“After I was involved in a serious car accident, my attorneys helped me with medical treatment and took care of my medical bills. My questions were always answered, and my attorneys were able to settle in less than three months after my accident.” – Anabella.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Who is Liable for an Uber Car Accident If the Driver Was Intoxicated?
- Can I Still File a Claim If I Have an Unfavorable Police Report?
- Can I Sue For A Rideshare Car Accident In Apple Valley?
- Uber or Lyft Passenger Problems: How Can a Rideshare Accident Lawyer Help?
Works Cited
“California Vehicle Code 23123.5.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23123.5.
Stone, Emily. “One-third of ride-share drivers have had a crash on the job, survey finds.” ScienceDaily, 4 April 2024, https://www.sciencedaily.com/releases/2024/04/240404113437.htm. Accessed 5 June 2024.
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