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Personal Injury Blog

The Differences of Being Injured in an Uber or Lyft vs a Taxi

Monday, May 20, 2019

Rideshare companies like Uber and Lyft do not employ their drivers. They are contracted as independent contractors. Under current circumstances, many insurance companies may deny coverage if the driver is driving "for profit."  Uber and Lyft drivers carry "excess insurance coverage," beyond the coverage that the driver carries for him or herself. This means if you are injured in the backseat of a rideshare car, the liability insurance the company carries covers for damages, even if your claims are denied by the driver's own liability insurance.

Taxi Companies vs. Rideshare Companies

Although taxicab companies have been advertising that Uber and Lyft do not carry adequate insurance to cover passenger injury, in practice, this is not the case. According to Uber and Lyft, the rideshares carry up to $1 million in coverage. Taxicab companies' coverage varies from state to state, usually between $250,000 and $500,000. This comes to about $30,000 maximum coverage for each case. The maximum coverage for collisions in a taxicab is around $60,000 for all passengers involved in the accident.

Uber and Lyft drivers are required to carry their own personal insurance policies. The rideshare companies carry a million dollar personal liability coverage policy and one million dollars in uninsured/underinsured property damage coverage. However, it gets more complicated; rideshare drivers are simply private drivers using their own vehicles. If you have an accident while the driver is not formally logged into the Uber or Lyft system, only the driver's personal insurance will cover you and these claims are often denied. If the collision happens while the driver is logged in, but waiting for a ride request (is in an on-call mode) the driver's personal insurance will have primary responsibility, but the rideshare company may provide some additional coverage. The full insurance policy of Uber or Lyft will apply only if the driver is en route to pick up a passenger or has a passenger in his or her car.

What Has to Be Done in Case of Accident?

Accidents are complicated from the standpoint of the Uber or Lyft driver as well as their passenger. In a normal accident, what happens is pretty clear-cut. The at-fault party is liable for property damages, medical bills, and other liabilities. However, for the Uber or Lyft driver, they have a passenger to worry about. They have to keep in mind Uber's or Lyft's terms and conditions. They have to consider what state they are driving in. They have to follow procedures in the aftermath of the accident. 

  • Assess any injuries and call emergency services (911).
  • Photograph damage to both cars.
  • Collect information from witnesses if possible.
  • Call the company's hotline.
  • Call their personal insurance company.
  • They must never admit they are at fault. Even if they believe they are, they must not say so.
  • They must never escalate the situation by acting angry or threatening.

Accidents in rideshare vehicles are complicated. If your Uber or Lyft driver has an accident which injures you, it's important that you treat the collision as a legal matter.

  • Consult an Uber Accident Attorney or Lyft Accident Attorney or Rideshare Accident Attorney.
  • Seek necessary medical attention and save the medical documents.
  • Obtain all of the driver's insurance information including both the Uber policy and the driver's own personal insurance.
  • Take pictures and the accident scene and your injuries.
  • Find out exactly what the driver's log-in status was at the time--try to document it.a
  • Inform law enforcement and file a police report.

Freeman & Freeman are rideshare accident attorneys who know the nuances of ridesharing laws in California. There are many benefits to having an experienced personal injury attorney on your side.  Please contact us to learn more.

How is Liability Assigned in a Multi-Car Accident?

Thursday, May 02, 2019

While assigning liability is always a complex matter in auto accidents, multi-car accidents are an entirely different matter. If you were rear-ended, the car in the back would be saddled with liability. However, it is more difficult to assign liability when more than one vehicle is involved. Furthermore, because of the number of vehicles involved, the damage to your own vehicle as well as your body can be extensive and costly. Unfortunately, when there are a number of different cars responsible for the accident, it can be difficult to pinpoint liability for the damage.

Assigning Liability

In a multi-car crash, you don't file insurance claims for damage caused by different cars. Instead, typically liability is assigned for the crash. In most cases, the driver that started the chain reaction will be held liable for the accident. However, all drivers involved have a certain liability to an extent in the accident as well.

Most commonly, lawyers will work with police officers to try and find out who started the chain reaction in the accident as well as why it happened. It is easier for all parties if the person responsible confesses, but things don't always work out like that. Once the cause of the accident has been determined, if it was caused by negligence, such as distracted driving, then it is likely their insurance will be paying for all the damages. However, if something that was beyond their control caused a multi-car accident, then the liability for it may not solely rest on their shoulders. By not being able to brake in time to prevent the accident, all the cars involved have some liability. So if the initial driver lost control of the car due to something like ice (a rarity in California, but a good example) then they would not maintain sole liability for causing the accident.

The Biggest Complications in Multi-Car Accident Cases

As one would expect, if you were in a multi-car accident, the whole affair is going to take more time and money to resolve than your standard two-car auto accident cases. In truth, the biggest hang-up is often assigning liability for the accident to see whose insurance will be covering the damage. This requires the gathering of evidence and reconstruction of the accident to concretely prove. If you are lucky, the accident will happen in front of a traffic camera, a piece of evidence that will speed things up significantly, but not always a viable option.

Furthermore, as these accidents are often of a lethal nature, it is even more unlikely that a person will claim the fault if they are also looking at a wrongful death suit. If you have been in a multi-car accident, you should expect that it will take exponentially longer for the case to conclude. As it takes time to gather the necessary evidence as well as assign fault, it could very well be years before it reaches its conclusion.

Need Help?

Have you been involved in a multi-car accident and want to know when or even if you will receive compensation for damage and injuries related to the crash? You will want to find yourself legal representation to make sure your interests are fully represented in the matter of the crash so that you will get the compensation you need to get back on track. Contact us today to see what the Law Office of Freeman and Freeman can do to help you. We are dedicated to being an advocate of those injured in California and we are ready to fight to make sure you get the compensation that you need.


The Responsibility and Liability of Uber Drivers

Thursday, February 21, 2019

Uber Accidents Los Angeles

If you use have an accident with a driver for shared ride services like Uber in California, how does the liability insurance work? Uber and other transportation network companies are required by California law to carry one million dollars in full coverage liability insurance. Dealing with car insurance companies can be difficult, even in commonly occurring accident situations between licensed drivers. When you have an accident involving companies like Uber, the issues can quickly become complicated. Uber has had a long history of issues regarding driver registration and regulation issues.

Uber is a Technology Company Not a Transportation Company.

Part of the trouble is that the private vehicles Uber uses for its on-call service are usually not registered as commercial vehicles. The drivers do not need commercial driver's licenses. Currently, in fact, the courts have been viewing Uber, not as a transportation company, but as a technology company that just provides software to drivers and the public so they can communicate to arrange carpools. This is a handy legal device for an industry that appears to be competing head-to-head with taxi services. Courts in the European Union have ruled the Uber is a transportation company but the issue is still contentious.

In 2015 the California Department of Motor Vehicles issued an "advisory" to ridesharing companies that drivers must have commercial license plates on their vehicles. This advisory strengthens the view that Uber is a transportation company in competition with licensed taxi companies. This advisory is expected to make recruiting drivers for Uber to be more difficult. An advisory has an ambiguous legal status and its effect may lead to ambiguity.

Uber Drivers Are Not Uber Employees.

There are many legal wrinkles in the insurance for Uber drivers. The procedure is that accident claims must first go through the driver's personal insurance. The personal insurance usually covers the claim for your damages. If the personal insurance company denies the claim, the driver can file a claim on Uber's supplementary policy. The courts are still working through the question of whether Uber drivers are employees. It may be settled in California, but those claims to Uber's supplementary policy are sometimes hard to recover because Uber does not list its drivers as employees, but independent contractors. Uber disclaims responsibility for the driver's accidents or issues. In accident situations, victims have had to resort to lawsuits and the issues around settlements are not clear.

Uber Offers Primary Liability Insurance and Contingent Collision/Comprehensive Insurance.

Ordinary auto insurance policies do not cover the kind of commercial use of vehicles that Uber operates. The company, Uber, itself provides a supplementary insurance policy to cover its drivers and passengers. When Uber drivers are just driving their cars, not for Uber, they are just covered by their own personal liability policies. Once the driver accepts a passenger, the supplementary policy kicks in to a value of $1 million from the time the driver goes en route to pick up the passenger until the ride is complete. Drivers are covered by the Uber Insurance Policy for liability. Uber describes this insurance as a "primary policy." In case of an accident Uber's policy is supposed to take effect before the driver's personal insurance does. Uber offers collision and comprehensive insurance to cover damage to the driver's vehicle. The insurance has a $1,000 deductible and is payable only after the driver's own policy rejected the claim. The amount of collision damage varies by state. In California, coverage is $30,000.

Uber / Lyft Accident Attorneys

If you have an accident with an Uber vehicle or that of any ride-sharing company, the status of the driver as an employee is not crystal clear. If you have an accident, you will be insured for liability, but the coverage may be unclear and may be hard to collect. Collection of claims for damage may be complicated. You should probably contact a lawyer to work through the issues with you.

Freeman & Freeman, LLP personal injury lawyers are based in Los Angeles but represent clients throughout Southern California. They have the resources and experience to help you pursue compensation after an injury caused by someone else's negligence.  Please contact us to learn more.


Can a Jaywalking Pedestrian Seek Compensation For an Accident?

Friday, February 15, 2019

If you live in California, you likely seek more than one jaywalker every day whether you are walking or driving. Chances are, if you are walking somewhere, you might be the one jaywalking because literally, everyone else seems to do it. If the roads seem clear, then making the extra effort to walk to the nearest crosswalk seems like a waste of effort and time when you can just cross right there. Unfortunately, there are laws against jaywalking specifically because of how unsafe it is for pedestrians. Yet, the question remains, if a pedestrian is struck by a driver while they are jaywalking, can they still get compensation for the accident?

The short and easy answer? Like usual, it is a maybe.

Duty of Care Required By Drivers and Pedestrians

By California law, both driver and pedestrian are required to exercise a certain duty of care that can be at play in these cases. Drivers are required to yield to the right of way of pedestrians at both marked and unmarked crosswalks at intersections. They are expected to reduce speed when approaching an intersection with potential pedestrians and take caution for any crossings. Unfortunately, there are times when the driver can't spot a pedestrian, and this becomes more likely when a pedestrian is jaywalking.

Similarly, the pedestrian is expected to take the same duty of care by not leaving the curb and walking into oncoming traffic. Doing so not only puts their safety at risk but the safety of the driver as well. Having to make an unexpected stop even at a crosswalk is dangerous when driving with even light other traffic as the driver can cause other auto accidents trying to avoid the pedestrian.

In truth, this duty of care still extends to jaywalking by both parties. However, as the pedestrian was jaywalking, it often limits their ability to get compensation for the accident. Though, the pedestrian is not without options. If the driver was also behaving badly, compensation can still be recovered.

Jaywalking pedestrians can still recover compensation if the driver was:

  • Speeding

  • Intoxicated

  • Distracted Driving

Unfortunately, all of the above can occasionally be difficult to prove without the help of a skilled lawyer.

California Comparative Negligence

As a comparative negligence state, the portion that the jaywalking pedestrian can be placed at fault will be deducted from the compensation they can receive. For example, if a pedestrian who was jaywalking was deemed to be about 50 percent at fault for an accident with a driver that was speeding, they can only recover 50 percent of the damages awarded by the court.

This does mean that even if you were jaywalking, you can still recover some compensation if you were hit by a motorist. However, it also means that you might not recover all the compensation that you need to cover your medical bills. For this reason, it is really best if you just make the effort to walk to the nearest crossing. Being hit by a car is pretty traumatic, but if you have to be hit by a car, you should at least be able to recover full compensation for it because you were both following the law and exercising your duty of care as a pedestrian.

Need Help?

Were you one of California's many jaywalking pedestrians that just, unfortunately, happened to be struck by a car? As you were doing something illegal, you may think your options for recovering compensation simply don't exist. However, that isn't true at all. Contact us today so we can look over your case. Come see how the Law Office of Freeman & Freeman can help you get the compensation that you deserve from a traumatic pedestrian accident.

Can a Car With In-Vehicle Tech Be Used to Prove Distracted Driving?

Thursday, February 07, 2019

Distracted Driving

Car accidents are traumatic, and more so when they literally come out of nowhere and completely derail an otherwise average day. You could be driving down the road one minute and suddenly a driver in the other lane swerves into you for some unknown reason. However, in a large number of accidents, distracted driving can be at play. When it is, you can use distracted driving as a cause for the accident in your personal injury case to prove negligence and make sure all your medical and repair bills will be paid in full for something that wasn't your fault.

When the term "distracted driving" is brought up, the mind still drifts to the old standard. You know, a person talking on a cell phone or trying to do their make up while eating a bowl of cereal. However, with many states adopting anti-distracted driving laws, cell phones aren't really as much of a worry as they once were. Unfortunately, there is a new menace on the road, and it is being increasingly pushed out by almost all car manufacturers - in-vehicle technology.

In-Vehicle Technology

In-vehicle technology can be everything from your navigation system to touch screens and even voice activation systems. It was meant to actually cut down on distracted driving, but new studies have found that it has had quite the opposite effect. The AAA Foundation for Traffic Safety has found that these new systems often take away driver attention for an average of 40 seconds. That is terrifying news considering that taking your eyes off the road for two seconds doubles your chance for an accident.

Of course, the problem with distracted driving as a cause for an accident is proving it. Certainly, with cell phone records, you could track the times of calls and texts to the time before the accident. If they were using the wireless devices in their car at the time, this is still a valid route in pursue. However, it can be more difficult if the driver was doing something less easy to prove like messing with their navigation, an act that has been found to be one of the biggest distractions one can do while driving.

In these sort of accidents, you will want to trust in the ability of the police to investigate. Be very clear on the circumstances of the accident, and bring up that you may suspect that distracted driving was at play. You may also want to see if you can find any witnesses to the accident that may have seen suspicious activity such as swerving or a random increase or decrease in speed before the accident, as this heavily suggests distraction.

Once you made sure that the police filed a report for the accident, unfortunately, much of the rest of gathering evidence lies with you and your chosen lawyer. Your personal injury lawyer will have a number of different resources at their disposal, so if you suspect distracted driving as a cause, be sure to let them know it. If a driver can be proven to be distracted and that caused your accident, this can be a huge boon to your case to make sure that you get the compensation that you require.

Your Biggest Weapon

Have you been in an accident on the road? Even if distracted driving is probably not the cause of your accident, we can help you. A lawyer is your biggest weapon in personal injury cases, and you need to make use of it to get the compensation that you deserve. Contact us today to see what the Law Office of Freeman & Freeman can do to help you get your justice for your injury.



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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.