A common carrier is an individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee. A typical example is Uber or Lyft services.
A common carrier must exercise the utmost care and be careful so as to protect their passengers on board. Additionally, the driver of Uber/Lyft ride is responsible to warn fellow passengers should there be any potentially dangerous condition they know of that may harm the passengers on board. For example, an Uber driver should warn their passenger if one of the seatbelts in the car is not properly working so that the passenger may use another seatbelt instead.
Common carrier responsibilities ensure the safety of passengers as well as others that are sharing the road. Some examples of responsibilities include:
A common carrier can hold responsibility for injuries a passenger sustains. The idea here is that when an individual becomes a passenger in an Uber or Lyft, the passenger is essentially putting themselves under the Uber or Lyft driver’s control. Thus, the driver of Uber or Lyft has a special duty of care towards the passengers that board Uber or Lyft. Typically, proving negligence of a common carrier means showing that the Uber or Lyft driver violated the law or by showing that the driver failed to act reasonably in using care and diligence expected of a cautious Uber or Lyft driver.
To establish common carrier liability, the injured party must prove these key elements:
For example, if an Uber driver ran a red light and caused an accident, this could be direct evidence of a breach of the duty of care.
There are times, however, when a common carrier may not be liable. For example:
However, even if the passenger is partially at fault, California has a comparative negligence rule. This means that the court may apportion some of the fault between the parties.
Passengers injured as a result of a common carrier's negligence may be able to recover for:
In some cases, punitive damages may be available if it can be shown that the transportation company intentionally disregarded safety.
These companies may be held liable in certain situations. For example:
As you can see, Uber and Lyft are not only required to vet their drivers, but also to ensure that their services are functioning properly. Failure to comply with these requirements could result in legal liability for the companies, in addition to the drivers themselves.
It is important to remember that California has strict statutes of limitations for personal injury lawsuits:
Failure to seek legal counsel in a timely manner may result in the loss of your right to compensation. That is why it is important to contact an experienced attorney immediately after the incident.
If you or someone you know has been injured in an Uber or Lyft ride, contact our Los Angeles UBER accident lawyer at (310) 943-1171. Our attorneys can provide you with any sort of legal assistance you require.
If you have been injured while riding with Uber, Lyft, or another transportation company, seek help immediately. The attorneys at KAASS LAW are experienced in transportation negligence cases and are ready to stand up for your rights. We can help you get fair compensation and guide you through every step of the legal process. https://www.youtube.com/watch?v=kyD1x6BCMWs
Ride-sharing companies like Uber have been increasingly popular over the years. This convenient transportation service has been used by millions of people around the globe. However, even though the smart app is safe and reliable, ride-sharing Uber accidents do happen and can become a serious problem really fast. If a person got into an Uber accident, he/she may be wondering what should be done next. In case they have been injured, they may have some medical expenses to cover, may be suffering from pain, or might be out of work because of the injuries they have caused. For starters, discussing and defining which law this falls under in the state of California when it comes down to car accidents, Tort Law.
California is a tort state where drivers who cause accidents pay money to the injured victims. "A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, 'injury' describes the invasion of any legal right, whereas "harm" describes a loss or detriment that an individual suffers." There are three types in this matter: Intentional Tort, Negligent Tort, and Strict Liability Tort. With that said, this rule applies to a pedestrian, a passenger, or another motorist who is hit by a ride-sharing driver.
In California all drivers of TNCs (transportation network companies), such as Uber, are required to have a rideshare insurance at all times when the app is on. When the app is switched on, the Uber driver’s time is divided into three periods. Uber then decides when its insurance is applicable based on the period the accident happened. Uber's insurance coverages work different ways depending on which "period" the coverage falls under as it may impact your Uber accident claim. The rideshare app is off: The driver's personal insurance is active, which must meet California's minimum auto insurance requirements.
California law has the following minimum auto insurance requirements while rideshare app is on but the driver hasn’t been paired with a passenger.
KAASS Law fights hard to help victims involved in Uber and Lyft accidents, including both drivers and passengers, as well as third-party drivers and pedestrians who were injured, to get the compensation they deserve.
Under California law, Transportation Network Companies, including Uber and Lyft, must provide primary third-party liability insurance. They must maintain $200,000 of excess liability coverage during "Period 1". Period 1 occurs when the Uber or Lyft app is on but still waiting for a passenger. Therefore, you’ll still want rideshare insurance to cover you during Period 1 when your App is on driver mode. Period 2 Match Notification begins when you accept a ride request, as such Auto Liability Coverage and Uninsured/Underinsured Motorist Coverage, as well as Contingent Collision and Comprehensive Coverage, is in effect. Likewise, during period 3, when you're dropping off your passenger(s), the same coverage applies.
Whenever a person is involved in a car accident, he must make sure to get as much information as possible about the accident. This means taking note of the road conditions, location and time of day, and much more. An injured person must get the following evidence after the accident:
The issue of liability can be complex, and determining liability is critical to getting compensation. The following parties may be liable for injuries in an Uber accident:
There are two categories of damages for personal injury claims: economic and non-economic.
Economic damages include:
Non-economic damages are awarded for injuries that are difficult to assign an objective monetary value. Common non-economic damages include:
The amount of damages that a victim can recover depends on the extent of the injuries and the circumstances surrounding the accident. In case the victim was partly at fault for the accident the amount he may be able to recover can be decreased.
In California, Uber accident victims may not recover non-economic damages in case they don't carry liability insurance, per Proposition 213. Thus the motorists who drive a vehicle without valid car insurance are acting at their own risk of personal safety. In case a person doesn't have insurance, he may not recover compensation for:
Though economic damages are still fully recoverable.
When an injured person reaches his maximum medical improvement after the Uber accident, he must submit a demand for compensation. A demand letter should concisely:
If you sustain any injuries due to an Uber accident, please contact KAASS LAW. We provide free consultations for personal injury matters, especially if you sustain injuries from an Uber car accident. Our team knows how to speak with adjusters and provide guidance on what to do and which direction to lead so we can fight for your financial compensation for the damages that you received. Do not admit to anything of being at fault. Don't sign any documents without first speaking with us first. We have experience in handling and collecting evidence to support your claim. Speaking with an insurance agent can potentially harm your case without you knowing. If you were involved in an Uber accident in California, we invite you to hire our dedicated Los Angeles Uber accident lawyer today at (310) 943-1171 for a free consultation.
Uber’s rideshare policy isn’t applicable for accidents that take place before a driver accepts a passenger, since Uber considers drivers contractors rather than employees. Consequently, they are not responsible for what happens while the driver isn’t on duty.
Once there is a ride request from a passenger and the driver accepts it, this puts the driver in “on duty” status and Uber’s insurance coverage starts. But in case the driver gets in an accident before he picked up the passenger, it follows that the passenger would have to cancel the ride. This adds a layer of difficulty when claiming the insurance coverage.
The third period is the easiest one to claim insurance coverage from Uber. The passenger is in the Uber car, the driver is “on duty” and the Company must cover whatever happens during this period. Consequently once the driver has been paired with a passenger and after the passenger has entered the Uber car, the company is required to carry a $1 million liability insurance policy. Uber provides its drivers with $1 million of uninsured and underinsured motorist bodily injury coverage. It also provides comprehensive and collision coverage with a $1,000 deductible as long as the driver has collision coverage on his personal auto insurance policy. California law requires the driver to be covered by an auto insurance policy at all times. But since the TNC can help meet that requirement, not all rideshare drivers in California need to purchase rideshare insurance for driving legally. But, the driver may want to purchase an individual rideshare policy which will let to maintain some coverage, such as comprehensive, collision and medical payments, during the First period. Otherwise, the driver would have to pay the costs himself if he is injured or the vehicle is damaged in that period.
It is in your best interest to consult with a Los Angeles Uber accident lawyer about your claim before speaking with Uber or an insurance adjuster. This way you will have more leverage in settlement negotiations with Uber and Uber's insurance adjusters to get the compensation you deserve rather than getting lowball settlement offers. If you or a loved one have been injured in an Uber or Lyft accident we invite you to get in touch with our office. We are available 24 hours a day, 7 days a week.
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Lyft’s third-party automobile liability policy will be your primary policy during Period 1. Lyft will also maintain $200,000 of excess liability coverage during Period 1. Period 1: The rideshare app is on, but you haven't been paired with a passenger. California law has the following minimum requirements.
Periods 2 and 3: Once you've been paired with a passenger and after they've entered your vehicle, the rideshare company, such as Uber or Lyft, are required to carry a $1 million liability insurance policy in California. This covers you and your passengers during Periods 2 and 3. Depending on the company, it may offer additional coverage during these periods as well.
If an Uber driver is involved in an accident with a passenger in the car, Uber and Lyft’s insurance will provide liability and collision coverage. However, they often won’t cover things like rental cars, lost wages, and medical expenses. Thus, It is in your best interest to consult with a Los Angeles Uber accident lawyer about your case before speaking with Uber or an insurance adjuster. With professional legal assistance, you will have more leverage in settlement negotiations with Uber and get the compensation you deserve.
A Los Angeles Uber accident lawyer can help Uber drivers recover damages for the following:
If you were involved in an Uber or Lyft accident in California, we invite you to hire our dedicated Los Angeles Uber and Lyft accident lawyer today. Our skilled Uber and Lyft accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies that are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a free consultation with one of our rideshare lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.