If you’ve been in a rideshare accident, you may feel confused about what next steps to take. What should you do after a rideshare accident? How do you figure out who’s at fault and who’s paying for the damages? And how long do you have to file a claim in Los Angeles?
We at Karns & Karns Personal Injury and Accident Attorneys are highly experienced in personal injury law, including car and rideshare accidents, and we may be able to give you the guidance you need. Allow us to break down everything you need to know about rideshare accidents in Los Angeles.
How Do You Calculate Fault After a Los Angeles Rideshare Accident?
In California, including Los Angeles, fault in a personal injury accident is calculated on pure comparative negligence. This means that in a rideshare accident, multiple parties might be at fault and responsible for paying damages.
In general, fault is calculated in percentages as determined by legal representatives and insurance companies. In order to calculate the damages a particular party is responsible for, you multiply their percentage by the total amount of damages.
If the driver of a rideshare vehicle is driving while texting and rear-ends the vehicle of a driver who is rubbernecking, both parties maybe at fault. Maybe the rideshare driver is considered 60% at fault, and the rubbernecking driver is responsible for 40% of the damages. If the total amount of damages is calculated to be two million dollars, the rideshare company and driver may be responsible for $1.2 million in damages.
Who Pays for Damages in a Los Angeles Rideshare Accident?
At-fault parties will need to pay the damages for a rideshare accident. In a typical car accident, these damages may be paid for by insurance companies. However, in rideshare accidents, the rideshare company itself may be held liable depending on the damages. Whether or not the rideshare company is responsible may also be determined by the driver’s status within the phone application used to manage the ride. This may include the Uber or Lyft apps, for example.
In a case where the rideshare driver does not have the application active on their device, they will likely be responsible for paying all of the damages out of their individual insurance or their own pocket. This is similar to being off the clock, as employers are typically not liable for accidents that occur while employees are off company property and not working.
However, in the case the rideshare driver has the app running and is waiting for work, the rideshare company will generally be held liable to a certain extent. In this case, Uber or Lyft will generally pay for up to $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
Suppose a rideshare driver is en route to pick up a rider or is on the way to a rider’s final destination. In that case, rideshare companies will often offer even more coverage: up to one million dollars. However, in some cases, rideshare drivers may be required to use their own collision insurance to pay for damages.
What is the Statute of Limitations for a Los Angeles Rideshare Accident?
In California, the statute of limitations for most personal injury claims is two years. A personal injury accident generally includes any accident where at least one party has been injured, and this may include your rideshare accident case.
What Can a Los Angeles Rideshare Lawyer Do for You?
If you’re considering taking legal action following your Los Angeles rideshare accident, you may want to hire a lawyer to assist you in your case. Your lawyer may be able to help you throughout the entirety of the legal process in many ways.
Referrals and Resources
Many lawyers may be able to offer suggestions for medical care facilities to visit, as well as, supply you with extra resources that might be helpful to your recovery. We strongly recommend visiting a medical professional following your accident if there is any chance you may have been injured.
Collect and Analyze Evidence
Your lawyer may also be able to assist with collecting and analyzing evidence for your case. This may include getting into contact with potential witnesses for statements, as well as, footage of the accident from nearby traffic cameras or private businesses.
Your lawyer, especially if they are familiar with personal injury law and rideshare accidents, likely has the legal knowledge to aid you through your case. This may be useful in constructing arguments and analyzing evidence.
Adept Negotiation Skills
Lawyers are often considered to be adept negotiators. Your lawyer may be able to use their skills to lower your fault or increase your compensation, especially during settlement negotiations.
Maximize Potential Compensation
Your lawyer may be able to maximize the compensation you’re entitled to because of their unique situation. The combination of legal knowledge, negotiation skills, and understanding of your side of the story may assist them in effectively negotiating, decreasing your fault and obtaining the most compensation for you as possible.
Tailored Next Steps
Depending on the specifics of your case, your lawyer may be able to assist you further. You may be asked to avoid discussing your case, stay off of social media, or seek medical attention, for example.
Get the Help You Deserve From a Los Angeles Rideshare Accident Lawyer at Karns & Karns Personal Injury and Accident Attorneys
We at Karns & Karns Personal Injury and Accident Attorneys know how stressful a rideshare accident may feel, but we dedicate ourselves to fighting for our clients and maximizing their compensation. Our legal team is compassionate and confident, allowing our clients to feel supported each step of the way.
We only accept payment for our personal injury cases on a contingency fee basis which means you don’t pay us, until you get paid, and we’re available to schedule a free consultation any time. If you think we may be able to help you, feel free to contact us by calling 877-557-4221.