Fresno Rideshare Accident Attorneys
Fighting to Help Rideshare Accident Victims Obtain the Financial Compensation They Deserve
Over the past few years, ridesharing companies such as Uber and Lyft have become one of the most popular forms of paid transportation. However, as the population in our area continues to grow, ridesharing accidents are becoming more common. Unfortunately, determining whose insurance coverage should pay for injuries and other damages is not always easy. If you have been injured in an Uber-Lyft accident, you may need clarification on who should be held liable for your injuries, lost wages, and medical bills.
The rules that govern who should be held accountable for damages in rideshare accidents can be confusing and often involve multiple liability issues.
Our Uber and Lyft accident attorneys have comprehensive experience helping victims with the complex claims process after rideshare accidents. When you come to us for help, we will professionally analyze your case to determine liability issues and the worth of your claim.
Tomassian, Pimentel & Shapazian is a law firm in Fresno, CA, dedicated to helping injured parties seek compensation that will give them the peace of mind they deserve.
If you or a loved one has been injured in a rideshare accident, contact our Fresno law office and ask to schedule a free initial consultation with a skilled attorney who will gladly review your case.
Why Do Rideshare Accidents Occur in the Fresno Area?
Accidents involving rideshare vehicles typically happen for the same reasons as other car accidents. Other drivers may make mistakes that lead to the rideshare driver being involved in a motor vehicle accident.
Uber or Lyft drivers often work long hours and are over-fatigued, which can quickly lead to accidents. In other instances, an Uber or Lyft driver may be driving under the influence, tailgating, or failing to obey traffic laws. Speeding is often a common reason rideshare accidents happen, as drivers are trying to quickly get passengers to their destination so they can pick up their next fare. Adverse weather and poor road conditions may also be significant factors that contribute to Uber or Lyft accidents.
Other unique factors often contribute to Uber and Lyft accidents in the Fresno area, which may include:
- Distracted driving: A rideshare driver may become distracted while looking for their passenger, especially at night or in a high-traffic area. All too often, a driver may take their eyes off the road for too long to look at their rideshare app or search for their fare, leading to an accident.
- Navigation errors: Rideshare operators often have to drive into unfamiliar areas, causing them to rely on their GPS or phone navigation system. However, just as with other motorists, a driver may not realize they need to take exits until the last minute and may take risks such as changing lanes unexpectedly or cutting in front of fast-moving traffic, leading to collisions.
If you have been injured, contact a Fresno rideshare accident lawyer with Tomassian, Pimentel & Shapazian today so that we may review your case and determine what legal strategies may be available.
What Types of Injuries Can Result From Rideshare Accidents?
Rideshare accidents can result in minor to severe injuries. As with any motor vehicle accident, factors such as the size, weight, and speed of each vehicle can impact the accident’s severity. According to accident reports, some of the most common rideshare accident injuries include:
- Fractured or broken bones
- Head, neck, and back injuries
- Soft tissue injuries such as whiplash
- Facial and dental injuries
- Internal injuries
- Burns
In some rideshare accident cases, victims suffer catastrophic injuries that can leave them permanently disabled or have a long-lasting negative impact on their lives. Catastrophic injuries require prolonged medical treatment that can create economic hardship for victims and their families.
Examples of catastrophic injuries include:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Amputations
- Organ damage
- Severe burns
If you or a loved one has suffered injuries in a rideshare accident, seek medical attention immediately and then contact a lawyer who can file a personal injury claim on your behalf.
What Legal Steps Should I Take if I Was Injured in a Rideshare Accident?
If you have been involved in a rideshare accident, there are several legal steps that you must follow to protect your safety, health, and ability to file an insurance claim. It is vital that you follow these steps to avoid any later conflict with insurers.
- Remain on the accident scene and call 911 to report the crash. If there are injuries, request emergency medical responders.
- Ensure your safety, as well as those of your passengers, by pulling the disabled vehicles to the side of the road to avoid oncoming traffic.
- Document the accident scene by taking photos and videos of vehicle damage, road conditions, injuries, and any other information that may be pertinent.
- Gather evidence, including the other party’s driver’s license and insurance information. Also, be sure to obtain the names and contact information of bystanders who witnessed the accident.
- If you are injured, seek immediate medical attention. However, even if you do not think you are injured, it is always wise to be examined by a healthcare professional who can provide you with medical documentation that can be used to support a personal injury claim.
- Do not post details of the accident on social media, as the insurance company may use your statements to try to deny or underpay your claim.
- Contact a rideshare accident attorney who will carefully evaluate your case, determine liability, and protect your legal rights.
The previous steps still apply if you were a passenger in a rideshare vehicle involved in an accident. Our skilled attorneys can assist you with filing a rideshare accident claim to help you pursue compensation for your injuries.
Do Uber and Lyft Drivers Have Their Own Insurance Coverage?
Determining liability is one of the key components of Uber or Lyft accident claims. Whether the rideshare driver or rideshare company pays compensation depends on several factors.
Under state law, the insurance company responsible for paying claims will depend on what the Uber or Lyft driver was doing when the accident occurred. A rideshare operator must have a personal insurance policy when they are not working for the company. Additionally, Uber and Lyft provide insurance coverage while the driver works for the rideshare company.
The three different periods that determine whose insurance coverage will pay for damages include:
- Rideshare driver not logged into the rideshare app: The driver does not have their app on or is not taking ride requests. If the driver is involved in an accident, their personal insurance would cover damages. By law, California drivers are required to carry a minimum of $5,000 for property damage, $15,000 for injury or death to one person, and $30,000 for injury or death to more than one person.
- Rideshare driver logged into the app and waiting on a ride request: If the driver is logged into the rideshare app, they are technically on duty even if they do not have a passenger in the car. If an accident occurs during this period, the rideshare company’s insurance will provide coverage, including $30,000 for property damage, $50,000 for injury or death of one person, and $100,000 for injury or death of more than one person.
- Rideshare driver transporting a passenger or on the way to pick up a fare: Again, Uber or Lyft will provide coverage for the accident. When rideshare drivers are involved in an accident during this period, the rideshare company’s insurance will cover up to $1 million in commercial liability and 1 million in uninsured/underinsured motorist insurance.
Even though determining liability issues would seem fairly straightforward, there are often legal issues that can complicate filing a claim. Our Fresno area law firm has the resources to conduct an independent investigation to determine if the driver or rideshare company should be held responsible for your injuries, medical expenses, and lost income.
Can Your Law Firm Help Me Recover Compensation After Being Injured in a Ridesharing Accident?
Tomassian, Pimentel & Shapazian is a law firm passionately committed to helping personal injury victims recover fair compensation. Our team of legal professionals realizes that accident victims are often left unable to work and quickly face economic instability. Additionally, many rideshare accident victims are often left to try and figure out how they will pay a mounting stack of medical bills.
If we agree to take your case, a Fresno rideshare accident lawyer will professionally analyze the details of your accident and injuries to determine what type of financial recovery is in your best interests.
California law allows rideshare accident victims to try and recover damages incurred due to injury. Injured parties may be able to recover out-of-pocket and non-monetary expenses depending on the facts involved in the Lyft or Uber accident.
Economic Damages
Out-of-pocket or economic damages are awarded to reimburse accident victims for money they have spent or may have to spend due to being injured. Economic damages are those with a fixed dollar amount attached to them, such as medical expenses or lost income.
Frequently awarded out-of-pocket expenses include:
- Past and current medical bills
- Lost wages
- Loss of earning potential
- Property damage
Non Economic Damages
Non-monetary or non-economic damages are awarded based on intangible losses the victim has suffered due to the rideshare accident. It is important to note that if non-monetary damages are awarded, they are based on what occurred during the accident and how it affected the victim. Non-monetary damages may include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement and scarring
If you have been injured or suffered damages after using a rideshare service, contact our Uber or Lyft accident attorneys in Fresno, CA. A Lyft or Uber accident attorney can help determine what damages you may be entitled to and seek maximum compensation for your case.
Why Do I Need to Hire an Uber or Lyft Accident Attorney After a Rideshare Accident?
Rideshare accidents differ from other auto collisions in determining liability issues and dealing with comparative negligence laws. Unfortunately, not all accident attorneys understand the legal intricacies of investigating these motor vehicle collisions. As a result, some accident attorneys may make mistakes that can result in clients losing full compensation.
An Uber or Lyft accident attorney will have experience handling rideshare accidents and dealing with the legal issues often accompanying these unique cases. While no law stipulates rideshare accident victims must have legal representation to help them file a claim, it is always wise to have an attorney.
One issue that often complicates auto accident claims is California’s pure comparative negligence statutes. Under state law, if it is determined that a plaintiff shared any responsibility in causing the accident, their settlement will be decreased by the percentage of fault assigned to them. For example, if a plaintiff is determined to be 40% at fault for an accident and their settlement is $100,000, they will only take home $60,000.
This being the case, the rideshare company and their insurance provider try to blame the injured party to decrease the amount of compensation they are forced to pay.
Additionally, a rideshare company may often argue that the accident occurred when the driver was “off duty” and that it is, therefore, not responsible for paying compensation.
If you need legal assistance with an Uber or Lyft accident caused by driver negligence, contact Tomassian, Pimentel & Shapazian immediately to speak with a Fresno ridesharing lawyer who will provide you with a free consultation.
What Makes Your Ridesharing Lawyer the Right Choice to Help Me With My Personal Injury Claim?
Tomassian, Pimentel & Shapazian is a law firm in Fresno, CA, which understands the challenging legal needs of individuals harmed in ridesharing accidents. Ride-sharing companies and insurers typically have legal teams that look for ways to reduce or deny claims.
Our attorneys understand the legal complexities associated with accidents involving rideshare services and know what it takes to get results. If we agree to take your case, we will gather and analyze evidence that will support your claim, including rideshare data, police reports, medical records, and witness testimony.
Our legal team realizes that individuals who have sustained injuries in rideshare accidents need time to heal and not worry about dealing with the insurance company. Our attorneys will handle your claim from start to finish and negotiate with the insurance provider to obtain fair compensation on your behalf. If the insurance company is unwilling to negotiate a financial recovery that will provide you the peace of mind you deserve, our law firm is ready to take the case to trial if necessary.
Contact Tomassian, Pimentel & Shapazian at our Fresno, CA law offices at (559)-545-0383 to schedule a free case evaluation to learn more about your legal options.