Every day in Orange County, drivers for rideshare companies like Uber and Lyft are responsible for causing serious car crashes resulting in significant injuries to innocent people. While rideshare companies provide quick and convenient services, their drivers are often inexperienced and inadequately trained.
Rideshare companies must exercise utmost care to protect the safety of others
As a transportation network carrier (“TNC”), charter-party carrier (Pub. Util. Code §§ 5351-5450), and common carrier (Pub. Util. Code §§ 5351-5450), rideshare companies and their drivers are required to use “utmost care and diligence” in the transportation of persons (Civil Code § 2100) and “at least ordinary care and diligence” in the transportation of property (Civil Code § 2114)
Civil Code §2100 states that “a carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.”
Civil Code §2103 states that “a carrier of persons for reward must travel at a reasonable rate of speed [].”
Civil Code §2114 states that “a carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties.”
Rideshare companies are responsible for the negligence of their drivers
In California, rideshare companies are responsible for the negligence of their drivers under the doctrine of respondeat superior. Additionally, under Civil Code §2338, “[u]nless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.” Civ. Code §2338. Additionally, the California Supreme Court has expressly stated that “[u]nder the doctrine of respondeat superior, an employer is vicariously liable for his employee’s torts committed within the scope of the employment. This doctrine is based on “ ‘a rule of policy, a deliberate allocation of risk. The losses caused by the torts of employees, which as a practical matter are sure to occur in the conduct of the employer’s enterprise, are placed upon that enterprise itself, as a required cost of doing business.” ‘ ” Perez v. Van Gronigen & Sons, Inc. (1986) 41 Cal.3d 962, 967.
“In California, the scope of employment has been interpreted broadly under the respondeat superior doctrine.” Farmers Insurance Group v. County of Santa Clara (1995) 11 Cal.4th 992, 1004.
Protecting your rights after an accident caused by a rideshare company
Filing a claim after a rideshare accident can be complicated, especially if you have suffered severe and catastrophic injuries. At The Bertch Firm, we have advocated for the rights and interests of parties injured in vehicle and rideshare accidents for many years. We are dedicated to achieving the maximum compensation possible for your claim.
Insurance coverage in a rideshare accident
California law requires rideshare companies like Uber and Lyft to carry insurance to provide coverage for bodily injury as a result of any accidents caused by their drivers. The amount of available coverage depends on whether their driver is actively transporting a passenger, on the way to pick up a passenger, or simply available and waiting to accept a new fare. However, if the rideshare company driver is driving on their own personal time, their own auto insurance would cover the claim, not the rideshare company’s.
How Is fault determined in rideshare accidents?
In most car accident cases, car insurance claims are filed with the at-fault driver’s insurance provider. This is more complicated in rideshare accidents. However, determining fault is still essential to file an insurance claim with the right insurance agency and to file a personal injury claim. The at-fault party is an individual or organization who acted negligently, recklessly, or maliciously, and these actions directly caused the accident. Those who may be liable for an accident include other drivers, vehicle owners, the manufacturers and distributors of motor vehicles and their components, the repair or maintenance company for a car, or the party responsible for a clear and safe roadway. A driver acts negligently or recklessly when they violate established speed laws, drive aggressively, fail to follow road signs, or do not drive safely under the weather or road conditions.
How much is my rideshare accident case worth?
Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.
How long do I have to file a lawsuit for a rideshare accident?
In California, the statute of limitations for all personal injury claims, including rideshare accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.
The Bertch Firm Difference
Personalized attention for your rideshare accident claim
At The Bertch Firm, each case is overseen and prosecuted by a licensed attorney, not a paralegal or case manager. The Bertch Firm has experience with many different types of vehicle accidents, including rideshare accidents. An experienced attorney can help you gather and preserve crucial evidence for your rideshare accident claim. Contact The Bertch Firm today and experience The Bertch Firm difference when you hire us to represent you for your injury claim.
Contact The Bertch Firm today
For further information about your rideshare accident claim
The Bertch Firm has represented many people who have been injured as a result of rideshare accidents. For further information about your potential case as a result of a rideshare accident, contact an attorney at The Bertch Firm today for a free consultation.