Orange County Rideshare Accident Lawyer

Uber, Lyft, and other rideshare services have become incredibly popular throughout California. Many people in Orange County regularly use these services as alternatives to public transportation and taxis. However, accidents are just as likely to happen in a rideshare vehicle as in any other vehicle. If you experience an Uber or Lyft accident, you need an experienced Orange County rideshare accident lawyer to help you recover your losses.

UBER/LYFT/Rideshare Accident Attorneys in Orange County, California

If you’ve ever used the internet to schedule a rideshare, you are familiar with rideshare companies like Uber and Lyft. If you need a ride home from a night out or a ride to the airport, you can easily summon a driver by simply accessing an app on your cell phone.

More and more people are using ridesharing apps every day, and while they are convenient, car accidents can still happen if you are in an Uber or a Lyft. In fact, because services like Uber and Lyft have increased the number of vehicles on the road in Orange County, California, they have also increased the likelihood that an Uber or Lyft passenger or driver might be involved in an accident.

If you have been in a car accident as an Uber or Lyft passenger or driver, determining how to receive compensation for your personal injuries can be legally challenging. It is recommended that you hire a personal injury lawyer to seek worthy compensation that meets the expenses you’ve incurred for your rideshare accident claim.

What Is Ridesharing?

Uber and Lyft are the most commonly known and utilized ridesharing companies. These drivers are officially independent contractors and not employees of a company. This legal distinction is important in terms of liability claims involving rideshare accidents.

When ridesharing first hit the mainstream, rideshare companies like Uber and Lyft considered all of the drivers working for them as independent contractors. As such, they required these drivers to maintain their own personal auto insurance policies to use in the event of an accident. However, public concern over these companies’ detachment from accidents involving their drivers and customers eventually encouraged new legislation across the U.S.

Today, most states have strict rideshare accident laws in place that require rideshare companies to maintain liability coverage for accidents that occur while their drivers are picking up and dropping off paying passengers.

The insurance coverage provided by Uber and Lyft has put passengers and the public at large at ease, but disagreements over liability for ridesharing accidents still happen all over California. An Orange County rideshare accident attorney is a worthwhile resource for anyone who needs to determine liability for a recent rideshare accident in the area.

Surprising Rideshare Accident Statistics in California

The demand for immediate transportation is growing, which translates to more ridesharing cars on the road. This surge in traffic has also increased traffic injuries and fatalities related to Uber, Lyft, and other ridesharing companies. With Uber having its headquarters in San Francisco, California, the State of California has been a focus of ridesharing growth and activity.

California is also home to several accidents related to ridesharing, and California has the dubious distinction of being home to the first Lyft accident in 2014. Unfortunately, the accident statistics have increased since that time. While the industry has made an effort to keep the reports of accidents secret, more statistics are being revealed regarding ridesharing accidents in California.

California Rideshare Accident Statistics

• One out of three rideshare drivers has reported an accident on the job.
• A total of 153 people died in Uber accidents from 2021-2022.
• Around 56% of fatalities in Uber accidents involved at least one risky driving behavior.
• There were 50 reported fatalities from Lyft traffic accidents in 2022.

Who Has Liability after an Uber or Lyft Accident?

The determination regarding fault in a car accident involving ridesharing must be established by first investigating and deciding which party (or parties) caused the accident.

The driver who caused the accident is considered to be “at-fault” and may be liable for damages incurred. However, some insurance companies offer auto insurance to Uber and Lyft drivers, so it is an important (and often complicated) process to determine which insurance company might accept an injury claim.

There are cases where both drivers were at fault. Determining fault in a car accident may require complex legal analysis, witness statements, police reports, and potentially even a crash reconstructionist.

Before providing a statement to an insurance company, negotiating, or signing any kind of a settlement offer or agreement with any insurance company, you should contact an experienced Orange County rideshare accident attorney. They can help you establish an understanding of your rights going forward.

California is a pure comparative negligence state, which means that a party is responsible for damages according to the extent that their actions caused the damage. If a victim was partially responsible for the accident, this does not preclude them from recovering damages from another at-fault driver. However, their recovery may be reduced by the percentage that their own actions contributed to the accident.

For example, if the court finds a plaintiff in a $200,000 case 10% at fault for the claimed damages, the plaintiff loses 10% of the case award to reflect their comparative negligence.

What Should I Do After Being Hit by an Uber or a Lyft Driver?

The recommended steps to take after being involved in an accident with a rideshare driver either as a passenger in the rideshare or a driver or passenger in another vehicle. These steps are listed below:

• Call 911. Always contact the police after an accident. This provides an official police report. Additionally, you may need an ambulance if there are injuries.
• Obtain documentation. Obtain all of the drivers’ information, license plates, witness contact information, and take pictures of the scene of the accident if possible.
• Do not take blame. As a passenger or driver, you should never articulate to any party that you were at fault for the accident. Contact an attorney to represent you if one party is indicating that you have contributory negligence with respect to the accident.
• Seek medical treatment. Always follow up and seek medical treatment. Oftentimes, injuries do not appear until sometime later. These records may also prove important if your case ever goes to trial.

The Importance of Medical Treatment

Seeking medical care is especially important after an accident with another driver. Some accident injuries do not show symptoms immediately. Many people have walked away from car accidents, seemingly unscathed, and been unable to move the next day.

Adrenaline from the accident itself can dull pain sensations, so don’t delay in seeking medical care as soon as possible. You may have suffered an injury that you cannot really feel yet, and prompt treatment could prevent serious medical complications and support your legal claim.

If you delay seeking treatment after a rideshare accident and then go on to claim medical expenses and pain and suffering damages, the court might scrutinize your delay in seeking care very closely. After you deal with the immediate aftermath of a rideshare accident, see a doctor right away.

The medical report of your injuries from your doctor and the police report of the accident could be instrumental in building an insurance claim against Uber or Lyft, or a personal injury claim if that is the right available route to recovery in your situation. An experienced Orange County rideshare accident lawyer can help determine the most beneficial option for recovering compensation after suffering injuries from a rideshare accident.

What Should I Do After Getting Into an Accident as a Rideshare Passenger?

As a passenger who is involved in an accident while traveling in a rideshare situation, you should follow the same steps outlined above with the few additional steps listed below:

• Get the driver’s Uber or Lyft account information.
• Take a screenshot of the rideshare app page you were on when the accident occurred.
• Save confirmation emails and/or text messages and the bank transaction receipt from the trip.

These pieces of information can help your attorney build a case that shows you were a passenger, should you be eligible to receive compensation from Uber or Lyft’s insurance company.

How to Request a Police Accident Report in Orange County

How you retrieve an accident report following a crash in Orange County depends on what agency responded to the incident. If the Orange County Sheriff’s Department responded to the crash, you can request a copy of the report through their Records Division.

It takes an average of seven to ten days for accident reports to be finalized by a Deputy, approved by the Sergeant, and submitted to the Management Bureau. Once it is available, you can make your request by email by filing an electronic version of the Request Authorization for Release of Case Information, send the form via US Mail or fax, or bring it to the Records Division in Santa Ana during normal operating hours.

To request a crash report from the California Highway Patrol, you can visit the CHP’s website and request a report online through their Crash Portal. If you would rather request a copy of the CHP crash report in person, you can also visit the CHP Area office where the crash report was filed. Mail-in requests are also honored. In cases where you file a request by mail or in person, fill out a CHP 190 form, which requires the information listed below:

• The date of the crash
• The location of the crash
• The driver or owner of the vehicle
• Your Party of Interest categorization
• Your name and contact information

For accidents in which local police responded, go through the local police department that sent an officer to the scene. The process for requesting reports through local agencies is generally similar to those for CHP and the OCSD. If you’re having trouble filling out the CHP 190 form or getting access to your police report, ask a qualified Orange County rideshare accident attorney for help.

How to Request an Internal Accident Report From Uber or Lyft

Uber and Lyft maintain internal accident reports that are not available to the public. These reports can contain valuable information regarding the causes of your crash and other details. There are two ways you can request an internal accident report from a rideshare company, and these are explained below:

• File an insurance claim. Once you’ve submitted a report through the Uber or Lyft app, it triggers an internal claims process. The rideshare company’s third-party claims administrator handles all the communications from there. If you contact the affiliated insurance company, you may be able to request relevant portions of the file.
• Formal discovery. If you must file a civil claim against the rideshare company, the process for getting access to its internal documents is different. You must use the formal discovery process. During this process, your attorney issues formal legal demands, which can include a demand for the internal accident report. They may also be able to force the release of other non-public data, such as GPS coordinates and driver activity logs.

In both of these cases, you can benefit substantially from working with a rideshare accident lawyer to acquire the relevant evidence.

Additional Evidence That Can Help With a Rideshare Accident Claim

Police reports and internal accident reports and data can be very helpful in establishing liability for a rideshare accident, but they’re far from the only types of evidence you can use to prove your case. Some of the types of evidence that you can gather yourself are listed below:

• Medical records
• Hospital bills
• Receipts for out-of-pocket expenses
• Pay stubs to show the value of lost wages
• Photographs or videos of the accident scene if you were able to take them

Your attorney can also help you find other types of evidence by issuing formal requests for information during the discovery process. They can help you gather pieces of evidence like those listed below:

• Surveillance or dashcam footage via subpoenas.
• Witness statements via interviews with people who were at the scene of the crash.
• Medical professional testimony arranged to prove the extent of your injuries or losses.
• Crash reconstructions that show how the accident occurred.
• Phone records from any of the involved parties.

In some cases, it’s relatively easy to prove liability and damages. In others, your attorney may need to obtain significant amounts of evidence and use it to build a complex case against the rideshare company or liable driver.

Another potential avenue for evidence for Uber is their RideCheck software, which uses GPS data and smartphone sensors to detect crash impact motions in an effort to monitor the safety of each ride.

Potential Damages in an Orange County Rideshare Accident Claim

The damages available to a plaintiff in a personal injury claim for a rideshare accident mirror those in most typical car accident claims. The main issue most people who experience rideshare accidents face is the insurance complications that often arise.

Uber and Lyft may argue with a claim or refuse to pay out the full extent of applicable coverage. A driver may contest liability or blame a third party for causing the accident. Your Orange County rideshare accident lawyer can help you determine liability, navigate insurance issues, and recover proof of the full extent of your damages.

Like any other car accident, a rideshare accident can easily result in broken bones, skull fractures, soft tissue injuries, traumatic head injuries, spinal injuries, and internal organ damage. People involved in motor vehicle accidents also often suffer minor cuts, scrapes, and bruises from the force of impact and broken glass in an accident. The damages available from a rideshare accident personal injury claim could include:

• Short-term and long-term medical expenses. Your accident may have required you to be hospitalized, or you may have been treated and released from an emergency department. You can claim compensation for these and any other medical costs resulting from your accident, such as necessary physical or occupational therapy.
• Lost wages. While you recover from your injuries, you may not be able to work. If your injuries force you to miss work, you can claim the income you would have earned during that time as damages in your claim. Additionally, an accident that results in your permanent disability could yield compensation for your lost future earning capacity.
• Pain and suffering. California state law allows personal injury plaintiffs to claim compensation for their physical pain, emotional distress, and psychological trauma caused by negligent defendants. Insurance typically does not cover non-economic damages, so pain and suffering compensation must be sought through a personal injury claim.
• Property damages. If the rideshare accident you experienced caused damage to your personal property, you can include the costs of repairing or replacing your property in your claim. If you were driving your own vehicle, your property damages are likely to include vehicle repair or replacement costs.

It’s possible for one or more parties to bear liability for your damages. An Orange County rideshare accident lawyer can carefully review the evidence available from your accident to help you determine the proper targets for your claim. If Uber or Lyft insurance comes into play, you can benefit from having an experienced personal injury attorney in Orange County on your side to guide you through the claims process.

Can You File a Claim Against a Ridesharing Company?

Some studies now show that Uber accidents and other ridesharing accidents are contributing to overall decreases in traffic injuries and fatalities, but that doesn’t mean rideshare drivers are perfect. If you suffered injuries related to a car accident while you were a passenger in an Uber or Lyft, or if you were in another car and were hit by a ridesharing vehicle, you may have the right to compensation for your damages and injuries.

First, there must be a determination regarding fault. If the Uber or Lyft driver was determined to be responsible for the car accident, you may be able to seek compensation from the driver’s insurance company. However, in some cases, a driver may not be covered by their personal auto insurance, as many insurance companies now do not cover drivers for ridesharing companies.

In these cases, you may be able to file a claim directly with the ridesharing company itself. If you were a passenger in an Uber and suffered injuries in an accident, you may be able to file a claim with Uber’s insurance policy, as Uber offers insurance to cover its drivers.

Dealing With Uber and Lyft Insurance Claims

Both Uber and Lyft maintain very similar auto insurance policies with different phases of coverage. These phases apply depending on their drivers’ actions. For example, when an Uber or Lyft driver is not marked “ready” in the app and is using their vehicle for personal reasons, this is known as Period 0.

In Period 0, the driver’s own personal auto insurance coverage would come into play in the event of an accident with another driver. Uber and Lyft also have virtually identical insurance rules for accidents involving their drivers.

If the driver is marked “ready” in the app but has not yet accepted a fare, the driver is in Period 1. In these cases, Uber and Lyft provide limited coverage.

When a driver is available for a fare and listed as “ready” in the app, Uber and Lyft provide third-party liability coverage if the driver’s auto insurance doesn’t apply. This coverage includes $50,000 for bodily injury to a single person, $100,000 in bodily injury coverage per accident, and up to $25,000 in property damage for a single accident.

Once a driver has accepted a passenger and is on the way to pick them up, the driver enters Period 2, and both Uber and Lyft provide up to $1,000,000 in third-party liability coverage for an accident. This includes underinsured/uninsured motorist coverage, contingent comprehensive coverage, and collision coverage up to the actual cash value of a covered vehicle with a $1,000 deductible.

The same applies in Period 3, which begins when the driver picks up their passenger and ends when the passenger is dropped off.

It’s possible that your recent rideshare accident in Orange County falls well within these guidelines, but you still may encounter resistance if you attempt to file a claim unassisted. An Orange County rideshare accident attorney can carefully review your claim and help you determine an ideal approach to seeking compensation for an insurance claim against Uber or Lyft.

Building Personal Injury Claims for Uber & Lyft Accidents

While the insurance coverage available from rideshare companies may seem expansive and may provide valuable relief from your damages, it is possible that your total damages exceed the extent of all available insurance coverage. It is also possible to encounter bad-faith tactics from an insurance carrier. Ultimately, if you cannot rely solely on insurance to cover your losses, you must file a personal injury claim against whoever caused your accident.

Under the state’s rideshare accident laws, a plaintiff may seek full compensation for all the damages they cannot recover through insurance. These may include not only immediate economic losses like medical bills and lost wages but also anticipated future damages like ongoing medical treatment costs and lost earning capacity.

Additionally, insurance does not cover pain and suffering, but you can claim compensation for non-economic damages in your civil claim. You must submit your personal injury complaint to the court within the statute of limitations. Otherwise, you could lose your chance to claim compensation from the party or parties responsible for causing the accident.

Whether you must pursue a civil claim against an insurance carrier for bad faith you have encountered or you simply cannot fully recover your losses through insurance, Easton & Easton can help build a compelling claim that aims for a settlement that adequately covers your damages.

California’s AB 5 and What It Means for Vicarious Liability

In most places, Uber and Lyft have managed to avoid vicarious liability for the actions of their drivers because those drivers are classified as independent contractors. That’s not necessarily the case in California. The Golden State passed Assembly Bill 5 in 2019, and this law redefined how companies classify their workers.

Under AB 5, rideshare drivers are assumed to be employees, rather than independent contractors, which means that rideshare companies can be held vicariously liable for their actions. AB 5 imposes what’s known as the ABC test to determine whether a given worker should be considered an employee or an independent contractor.

To be considered an independent contractor, the employer must prove that the three situations listed below apply:

• A. The worker is not under the company’s control while performing their job-associated duties.
• B. The work being performed by the worker falls outside of the scope of the company’s usual business.
• C. The worker is engaged in an independent trade.

Driving is the core business of both Uber and Lyft, which makes it difficult to claim that their workers should be classified as independent contractors, rather than employees.

Uber and Lyft’s Direct Liability for Rideshare Accidents

While California differs from other states in that it allows injured riders to file claims against Uber and Lyft for vicarious liability, there are also some cases in which the company can be held directly liable for accidents that occur. Some examples are listed below:

• Negligent hiring or retention. The company must screen for unsafe drivers, such as those with a history of reckless driving or driving under the influence, or multiple complaints filed against them through the app, and stop them from driving for the company. A failure to do so can lead to liability for negligent hiring or retention.
• Negligent supervision. Both Uber and Lyft use real-time driver data, GPS tracking, and trip histories to supervise their drivers. Ignoring red flags like repeated speeding or unsafe driving patterns can leave these companies liable for a failure to supervise.
• App or system failures. If an accident is caused by defective app design, such as unsafe navigation prompts or a poorly designed user interface that distracts drivers, the company may be held liable for the crash.

Third-Party Drivers and Rideshare Accident Liability

In some cases, it’s not Uber or Lyft drivers, but other drivers, that cause accidents with rideshare vehicles. When that happens, the third-party driver may be held liable for the accident. In many cases, liability is shared between third-party drivers and Uber or Lyft, in which case, you may still be able to collect compensation from the rideshare company.

Other Parties That Could Hold Liability for Your Injuries

Driver error causes most accidents, including rideshare accidents, but in a minority of cases, other factors also play a role in causing the crash. In these cases, you may also be able to file claims against the relevant parties. Depending on the circumstances surrounding your case, some examples of responsible third parties are described below:

• Municipal authorities. If poorly maintained roads or inadequate signage played a role in causing your accident, you may be able to file a claim against the municipal authority responsible for road maintenance. The California Department of Transportation maintains interstates and highways, while local Public Works departments typically maintain surface streets.
• Vehicle manufacturers. If a design, manufacturing, or marketing defect contributed to the crash, you may be able to hold the vehicle manufacturer liable. This is the case whether the defective vehicle was a rideshare car or another vehicle.
• Mechanics and parts manufacturers. If a defective part or an improperly performed repair caused your crash, the parts manufacturer or the mechanic who performed the repair could hold some liability for the accident.

If you do not know who is liable for your injuries, you should bring up your concerns with a local rideshare accident attorney who is familiar with California rideshare accident laws.

What to Expect From Your Orange County Rideshare Accident Lawyer

Hiring the right attorney can make a tremendous positive difference in your recovery efforts following an Uber or Lyft accident in Orange County. You can rely on your attorney to help gather the evidence needed to prove liability, assist you in uncovering every channel of compensation available to you, and determine the optimal path for receiving a settlement worth of your losses and in a timely manner.

Why Choose Us?

In every personal injury case we accept at Easton & Easton, our aim is to help our client recover as much compensation as state law allows in the shortest possible timeframe. We know that your case may seem confusing at first, and you are likely to have many pressing legal questions about your recovery options. You can rely on us for the answers and support you need in this challenging situation.

Easton & Easton has garnered unparalleled experience and success in rideshare accident cases. You can count on us to defend your interests before the biggest insurance companies and to verify that they have handled your claim in good faith. When you must pursue a personal injury case, we can seek to settle the case quickly if possible, but we are fully prepared to represent you in the courtroom if litigation is unavoidable.

Ultimately, you are more likely to succeed with your recovery efforts and more likely to increase the total compensation you obtain for your damages when you have an attorney representing you. Our firm is ready to leverage the full extent of our professional resources and our decades of experience in your case. The sooner you contact us, the sooner we can get started helping with your recovery.

Our Recent Results

We have a reputation for getting real results for our clients, who include rideshare passengers, drivers, and others involved in crashes. Recently, we obtained the settlements listed below for our clients:

• $1 million for a rideshare driver on his way to pick up a passenger
• $1 million for a rideshare driver who had to undergo two surgeries*

The value of your case depends on factors such as the severity of your injuries, whether you held any liability for the accident, and what parties could be held liable for your crash. You can get a clear idea of what to expect in terms of compensation by scheduling a consultation to discuss the specifics of your case with one of our skilled rideshare accident attorneys.

FAQs

Q: What Happens if I’m Partially Liable for a Rideshare Accident?

A: If you’re partially liable for a rideshare accident, California’s pure comparative fault rule comes into play and diminishes your recovery. Under this rule, your fault percentage is taken from your final case award as a penalty, and there is no fault percentage that prevents you from seeking compensation for your damages. If you were riding as a passenger during your rideshare accident, it is unlikely that the court should find you partially at fault.

Q: What Happens if a Rideshare Accident Is Fatal?

A: If a rideshare accident is fatal, the driver who caused the accident faces liability for wrongful death. The victim’s surviving family could file a wrongful death claim in lieu of the personal injury claim the victim would have been able to file if they had survived. Compensation for wrongful death could partially come from auto insurance, and a civil claim could recover any damages that cannot be recovered through insurance.

Q: How Long Do I Have to File a Rideshare Accident Claim in Orange County?

A: You have two years to file a rideshare accident claim in Orange County. However, you face a much shorter time limit for filing an auto insurance claim, sometimes as little as a few days after the accident. You must at least notify an insurance carrier of your intent to file a claim within this time, but you should not discuss a settlement until you have an attorney helping you.

Q: How Much Compensation Can I Recover for an Uber or Lyft Accident?

A: How much compensation you can recover for an Uber or Lyft accident depends on the scope and severity of your damages. After identifying the party responsible for causing your accident and proving the full extent of your damages, you can claim full repayment of your economic losses as well as pain and suffering damages that reflect the challenges of your experience. Your Orange County rideshare accident lawyer can provide an estimate of your case’s total value.

Q: What Does It Cost to Hire a Rideshare Accident Lawyer?

A: You do not need to worry about what it costs to hire an Orange County rideshare accident lawyer when you choose Easton & Easton to represent you. We take personal injury cases on a contingency basis, meaning you pay a percentage of your final case award as our fee only in the event that we are successful in securing your claim. Entrusting us means the legal counsel you need for Uber & Lyft accidents is ready when you need it.

Contact an Experienced Orange County UBER/LYFT/Rideshare Accident Attorney

If you were in an accident in an Uber or a Lyft, you should have someone by your side, negotiating with insurance companies, helping investigate the accident, and, if necessary, filing a civil claim. Ridesharing accidents can include several different companies, all of which may or may not have liability to compensate you for your injuries.

Our team of knowledgeable and experienced Orange County personal injury lawyers has extensive experience handling Uber and Lyft accident cases and has helped countless clients recover the compensation they are entitled to in favorable settlements and verdicts. For a complimentary consultation of your case, contact the experienced personal injury attorneys at Easton & Easton at 800-461-8259. Contact us to learn how we can assist with your recovery.

*Past results do not guarantee a similar outcome. Every case is different.

Orange County, CA Rideshare Accident Legal Resources

• California Public Utilities Commission – Transportation Network Companies Portal
• California Department of Insurance – Notice to Transportation Network Company Drivers
• California Highway Patrol – Collision Report Request (Form CHP 190)
• Superior Court of California, County of Orange – Civil Self-Help Services