Proving Negligence in an Uber
Lyft Rideshare Accident Case

Today, rideshare services such as Uber and Lyft are finding the common ground among people of non automobile occupants who looks for urban transportation within a few minutes using their applications, but their increased use or popularity has accompanied with increased accidents.

Proving negligence after being injured in a ride share accident is an essential part of filing for the settlement amounts you need to recover. At the Beverly Hills Injury Firm, our expertise is in handling complicated legal issues regarding rideshare accidents. If You or Someone in Your Family Has Been Hurt by Uber or Lyft, Here is a Step-by-Step Guide to Proving Negligence and In Protecting Your Rights

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Failure to Exercise Due Care and Negligence
in a Uber or Lyft Accident

In a rideshare accident, negligence is the lack of reasonable care by a driver or company resulting in your harm. Common negligent actions include:

Rideshare driver is distracted or driving recklessly

Ignoring traffic laws as well as safely practices

Inadequate vehicle maintenance

Rideshare company failure to conduct appropriate driver background checks

Faulty car parts or dangerous vehicle conditions

To prove that the driver or company was negligent, you need to show that their carelessness led directly to your injury.

The 4 Elements Needed to Prove Negligence
in a Rideshare Accident

In order to successfully prove liability against a rideshare driver or company, you must prove the following four important elements:

Duty of Care: Like all drivers, rideshare drivers owe a duty to drive safely and comply with traffic laws in order to ensure the safety of passengers and other roadway users.

Breach of Duty: Or the driver or company failed in this duty by being careless–by speeding, texting while driving or (in some cases) negligently maintaining a car.

Causation: The accident and your injuries resulted directly from the breach. Establishing this link is vital.

Damages: You faced real damages — for example, medical expenses, lost wages, pain and suffering.
Specific Complications in Rideshare Accident Situations
Any number of parties can be liable in a rideshare accident, adding complexity to liability; The rideshare driver, The rideshare company, Uber or Lyft, Third party, such as another driver in the accident. If a defective part was to blame, the manufacturer of the vehicle(s)section IVIVI.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

Essential Evidence to Prove Negligence

The key to making sure your case are able to prosecute needs to be strong evidence. What your legal team will gather and review:

Accident and police reports

Rideshare app data (i.e., driver status: “on trip” or “available”)

Driver’s background and driving records

Statements from witnesses and photos of the scene

Pictures or videos from the scene of the accident or your injuries

Medical records documenting injuries

DVR, Surveillance/Monitoring/Dashcam if Applicable

Our lawyers can assist in obtaining and analyzing this evidence in order to establish negligence.

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Insurance In Rideshare Accident Cases

Most of the time, rideshare companies only offer commercial insurance if/when a driver is in "period 3" (driving passengers around): The driver is offline, their personal insurance applies.
This Ensures that Rideshare companies provide the full complement of insurance coverage when a driver is logged into the app, but has not yet accepted a ride.

The importance of understanding the
layers of insurance

Full commercial insurance must be active when the driver is on his/her way to pick up or carrying passengers. It is important to understand these insurance layers in order to recover the full amount of your damages. Some of the most common injuries you can recover in a rideshare accident case
If we can show that they were negligent, you could collect damages for:

Medical expenses (immediate and ongoing)

Earnings that the injured party lost and an amount the injury reduced earnings by, i.e. prospective earnings

Property damage

Pain and suffering

Emotional distress

Permanent disability or disfigurement

A Rideshare accident case typically has many complexities because of the possibility of multiple negligent parties.

CONTRIBUTORY NEGLIGENCE and
COMPARATIVE FAULT IN CALIFORNIA

A personal injury lawsuit has to be filed within 2 years of the accident, according to most of the statute of limitations so contacting an attorney as quickly as possible is essential. Rideshare accident claims are fraught with legal obstacles because there is a corporate policy and insurance labyrinth to navigate, not to mention the many parties that may be liable for your. And at Beverly Hills Injury Firm, we have what it takes to research and negotiate these cases or go all out on your behalf in a court room. We work to obtain the maximum settlement while you concentrate on getting well.

Call the Beverly Hills Injury Firm Today
Do not take on the legal battle on your own if you have been injured in an Uber or Lyft incident. Contact Beverly Hills Injury Law Firm For Free Consultation We will review your case, let you know your rights and fight to get you the money that should be yours. Rideshare accidents are complicated, but we simplify them and battle strongly to get you the justice you deserve.

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Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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