EXPERIENCE MATTERS...
LET US PROVE IT TO YOU.

view our case results read client reviews

Personal Injury Blog

Rideshare Accidents in and Around Los Angeles

Thursday, September 12, 2019

Rideshare Accidents in and Around Los Angeles

It's unfortunate but true. Ride-hailing companies continue to grow at an unprecedented rate, and for some, the convenient ride services are a godsend, but more cars on the roads around Los Angeles mean more accidents. What began as transportation availability in neighborhoods and communities where transit or taxis are underserving the population, is now raising the number of fatal accidents.

New Study on Rideshare Crashes

The University of Chicago's Booth School of Business, in a new working paper, points out that up to 2 to 3 percent of the crashes in a given area may relate to the introduction of Uber, Lyft, and other ride companies, such as Fare, GetMe, Curb, and others. The study acknowledges that many rideshare customers call Lyft or Uber to take them home after a night of celebration. This idea, one might think, is prudent. But the business students say:

Rideshare drivers have riders in their vehicle only a short time. More often, they are driving from fare to fare, location to location to find viable prospects. This activity is called deadheading. Traffic congestion has increased because of this practice.

People who would have taken public transit are now, because of the lowering of Uber and Lyft prices, using the rideshares. They are not substituting a trip taken in their automobile.

Before Uber launched in California, traffic deaths fell to the lowest number since 1949. This decline in deaths stopped and reversed after ridesharing became popular. The writers cannot pinpoint whether the effect is a "short-term adjustment or a longer-term pattern."

One American city, New York City, introduced a cap on ridesharing in August of 2018.

Lyft and Uber drivers have an array of regulations and procedures they must accept for them to be drivers for the companies. But what is a passenger to do if there is a fatal accident or a severe injury while riding in a ride-hail vehicle?

Cases

  • A Lyft passenger died in Sacramento, CA in 2014, after the Lyft driver swerved to avoid a Kia that spun out into the middle lanes. The passenger sitting in the left-back seat died in the crash.
  • In May of 2014,  a six-year-old child was killed in San Francisco when an Uber driver struck her as she was walking across a street near the Civic Center.
  • Pennsylvania woman was jerked out of the rideshare vehicle when the driver became disgruntled over an argument concerning the address the lady had chosen. The Uber driver pulled the woman out of his car in an unfamiliar area, at night, while it was raining.
  • A Miami man died when flames erupted in the Uber SUV in which he was riding. The driver of a Toyota Corolla slammed into the Uber vehicle, which was making a left-hand turn in Miami, causing it to roll over and burst into flames.

How We Can Help

At Freeman & Freeman, we know that many accidents are due to Lyft and Uber driver's mistakes, such as:

  • An Uber or Lyft driver who is under the influence
  • A driver who was distracted by an electronic device
  • The Uber or Lyft company overlooking thorough background checks
  • Improper vetting of drivers' health, and many more

Automobile accidents can be complex. Ridesharing accidents are even more complicated.

Uber and Lyft Attorneys

If you suffer any distress in any way during a rideshare trip, contact an experienced and trustworthy personal injury attorney, who knows the ins and outs of the ridesharing laws in California. Personal injury attorneys, like those at Freeman & Freeman, can:

  • Walk you through the insurance minefields
  • Assist you in deciding when the best time to settle your case to get maximum compensation
  • Help you navigate the rules of the rideshare company

Freeman & Freeman represents personal injury clients only. Personal injury law is what we have done for the past 30 years. Contact us today and let us guide you into getting the compensation you deserve.

What Happens When an Off-Duty Lyft Driver Causes an Accident?

Thursday, August 15, 2019

When Lyft drivers cause accidents while actively transporting a passenger, you know how it works: you contact the insurance provided by Lyft while they are on the clock. That insurance then pays the fees associated with your accident: damage to your vehicle as well as your medical bills, lost time at work, and other expenses associated with the accident.

What if the Lyft driver doesn't have a passenger at the time of the accident? Does Lyft insurance still cover them?

Rideshare Driver Insurance: The Basics

Rideshare drivers, like other drivers, carry basic car insurance that covers them any time they're in the car. Most rideshare drivers don't just use their vehicles for rideshare driving. They also use them for personal uses: running their own errands, getting to and from work or school, or simply puttering around town. 

When they drive completely off the clock--that is, they are not working for Lyft in any capacity--drivers use their personal car insurance to cover them in the event of an accident. Personal liability insurance will pay for the damage to your vehicle, up to the limits of their policy, as well as offering some coverage to help with your medical expenses or to cover your missed time at work because of an accident. Comprehensive insurance or collision insurance will provide coverage for their vehicle along with yours. 

When a driver is working for Lyft directly--that is, they have a passenger in the car--they are covered by Lyft's comprehensive insurance policy. This policy offers coverage regardless of who is at fault for the accident and will help cover injuries to any Lyft passengers, your injuries, and damages to your vehicle. 

If the Lyft driver is running their app but has not accepted a passenger, they are still covered by Lyft insurance. The contingent collision policy, according to Lyft, provides coverage "when the app is in driver mode before you've received a ride request in the event your personal insurance does not respond." In this case, the driver still has coverage (even if they don't have personal insurance), and you have options for ensuring that the accident is paid for. 

How Should You Proceed After an Accident with a Lyft Driver?

After an accident with a Lyft driver, regardless of whether they had a passenger at the time of the accident, start by collecting the same information you would collect from any other driver: license information, contact information, and insurance information. The Lyft driver may not carry a little card in their wallet that lets you know what coverage they have on their Lyft insurance policy; instead, they may need to give you a screenshot from the app with their policy number, driver number, and other relevant information. Store this information on your phone or in another location where you won't lose it since it will help you obtain coverage. 

If you suffered only minor injuries in the collision, contact your insurance company. Provide them with access to that information. You may need to make a statement about the accident, which you should write down as soon as possible before those events become scattered in your mind. 

If you suffered serious injuries, on the other hand, you may need a lawyer who specializes in Lyft accidents to help navigate the claims process. A lawyer can often increase the compensation you're able to receive from the accident and make it easier for you to collect evidence or prove the extent of your injuries. 

Did you suffer injuries in a crash with a Lyft driver, either on or off the clock? Contact us today to learn more about how we can help.


How to Be Safer When Using an Uber

Wednesday, May 22, 2019

Uber is supposed to be the safer option: better, for example, than attempting to drive drunk in an unfamiliar city. Unfortunately, many people are skeptical about Uber rides--and with good reason. Fake drivers are out there--and they know how to convince you that they are, in fact, your Uber driver and that they're there to pick you up. Try some of these strategies to stay safer. 

1. Make Sure You Have the Right Driver

Before you get into the Uber, double check to make sure that you have the driver that the app says is coming to get you. The app provides a lot of information about your driver's vehicle, including the make, model, and license plate number of their car. The driver won't be offended if you walk around the car or check them out before you get in. You're just keeping yourself and everyone in your party safer!

2. Buckle Up

Any time you get into a moving vehicle, you need to be buckled in. Uber vehicles are no different from other passenger vehicles: they provide no extra protection against an accident, nor does the driver receive extra training about avoiding accidents or keeping their passengers safe. Buckle up as soon as you get in the car. 

3. Pay Attention

You've paid the Uber driver to get you safely to your destination. To many passengers, this means you can simply turn your attention to your phone or your friends. After all, your driver has GPS and knows the area. They don't need your input to get there. 

Paying attention, however, can let you know if any red flags are being raised. Is the driver taking the wrong route or headed toward a place you don't recognize? Is the ride taking far longer than it should have? Is the driver displaying signs of erratic behavior? By paying attention, you can increase the odds that you'll notice a problem before it leads to serious danger. 

4. Know When to End the Ride

If you call for an Uber, you always have the right to cancel or end the ride--even in the middle of it. You can end your ride early for any reason. If you feel unsafe, the driver is behaving erratically, or your gut is telling you to get out of the car, trust your instincts. This is particularly true if you notice your driver speeding, driving distracted, or ignoring traffic laws. If you end the ride, you can request another driver to take you the rest of the way to your destination or use an alternate form of transportation to get there. It may take a little longer, but if you feel unsafe, it's not worth taking the risk.

5. Leave Reviews

Did you get in an Uber with a driver who did not behave safely behind the wheel? Did they drive distracted, appear to be drunk, ignore traffic laws, or do something that made you uncomfortable? Leave a review! Not only does Uber seriously consider these reviews and check over them on a regular basis--in some cases, leading to the removal of drivers from their pool--your review can also help other riders decide when to avoid a driver who could cause a danger to them. While those reviews can't always prevent accidents or ensure safety, they can help prevent someone else from having a bad experience. 

Did you suffer injuries from an Uber driver, in spite of your best efforts to be safe? Do you need legal help to get the compensation you deserve after an accident? Contact us today to learn how we can help.


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.

6 Common Causes of Wrongful Death Medical Malpractice Lawsuits

Thursday, April 04, 2019

When you go to a doctor, you want to know that they are going to help you. But unfortunately, a lot of times a doctor or a medical professional makes a mistake that causes their patient's death. Below are six common reasons for wrongful death lawsuits due to medical malpractice.

Missed Diagnosis or Misdiagnosis

A common reason that people file wrongful death lawsuits due to medical malpractice is because of a healthcare provider not correctly diagnosing a medical condition that threatens their patient's life.

Another situation that is similar is when a doctor completely misdiagnoses their patient, or they diagnose them with something the patient doesn't have.

Birth & Delivery

When what should be a happy occasion becomes tragic, this is one of the most heartbreaking reasons for medical malpractice. When a child or mother dies during birth, it's something that a lot of families have trouble enduring.

It doesn't matter if the death happens prior to, during, or following the birth, a doctor might be in deep trouble legally if their negligence caused a death.

Surgical Mistakes

Mistakes during surgery are the misjudgments or mistakes that could occur during surgery. If the patient dies because of this mistake, whether they die while on the surgical table or it happens, later, because of surgery complications, it's important to seek justice.

A wrongful death lawsuit from medical malpractice due to surgical errors can be really hard for the family to fight since surgery is almost always risky, but it can happen.  

Abuse in a Nursing Home

The last thing that someone wants to think about is that their loved one is being abused in the nursing home, but it happens. That's why it's one of the most common reasons for wrongful death lawsuits due to medical malpractice.  

When you believe that someone's died because of negligence or abuse in a nursing home, it's essential that you speak with a lawyer to find out what they can do to help you. You trusted the people in the nursing home to care for your loved one. If your loved one died because of them, you should hold them accountable.

Wrong Medications and Prescriptions

One type of medical malpractice that people don't think about is when a doctor prescribes the wrong medication. If someone has died because they were prescribed or given the wrong medication, this could lead to a wrongful death lawsuit.

This could happen because they prescribed the medication that killed the patient. But it also could the result of them not prescribing the right medicine that could have saved someone's life.

Prolonged or Delayed Treatment

It's really heartbreaking when someone dies. But it's even worse when they died due to the doctor delaying their treatment or because the doctor took too long to diagnose their loved one.

This kind of lawsuit also can happen if someone didn't begin the needed treatment in enough time because their doctor didn't diagnose them quickly enough.

Whether the patient didn't get their treatment, or the treatment started too late, having a wrongful death lawsuit might help with settling things down and ensuring that the doctor is held responsible.

Even though filing a lawsuit isn't going to bring your loved one back, it can help you with getting some closure and help with paying their final bills. It also helps to ensure that they're held responsible and that they won't do it to another patient. The last thing that you want is for someone to go through the pain and suffering that you are experiencing right now. Filling a lawsuit can help bring the medical professional's mistakes to light.



CATEGORIES

Submit

Office Locations

21900 Burbank Boulevard
Third Floor
Woodland Hills, CA 91367-7418

P: 818-992-2919
F: 818-992-2940


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.