Rideshare services have become a common way to travel throughout California. Whether commuting to work, heading to the airport, or going out for the evening, passengers often rely on app-based transportation. But when a rideshare vehicle is involved in an accident, determining who may be responsible for resulting injuries can be more complicated than in a typical car accident. Understanding these issues can help injured passengers, drivers, and others involved in a collision determine what steps they may want to take following an accident.
Understanding Rideshare Accidents
A rideshare accident usually involves a driver providing or preparing to provide transportation through an app-based service. Accidents may occur while the driver is waiting for a ride request, traveling to pick up a passenger, or transporting a passenger. People who may be injured in these accidents include:
- Rideshare passengers
- Rideshare drivers
- Drivers and passengers in other vehicles
- Pedestrians
- Bicyclists
- Motorcyclists
Since several people and insurance policies may be involved, identifying who may be responsible often requires reviewing the circumstances of the accident.
Who May Be Held Accountable
Liability usually depends on who caused or contributed to the accident. In some cases, more than one person or party may share responsibility.
The Rideshare Driver
A rideshare driver may potentially be responsible when negligent driving contributes to an accident. Examples may include distracted driving, speeding, unsafe lane changes, following another vehicle too closely, or failing to yield. If a rideshare driver is looking at the app and rear-ends another vehicle, the driver's behavior may be considered when determining fault.
Another Driver
Not every rideshare accident is caused by the rideshare driver. Another motorist may cause a collision by running a red light, driving while distracted, making an unsafe turn, or violating other traffic laws. If another driver caused the accident, that driver's automobile insurance may potentially provide coverage for the injuries and losses, subject to the applicable policy and circumstances.
Multiple Drivers
Some accidents involve negligence by more than one driver. California follows a comparative-fault system, meaning responsibility may be allocated among multiple parties based on their respective contribution to the accident. Determining fault may involve reviewing police reports, witness statements, photographs, video footage, vehicle damage, electronic information, and other available evidence.
Insurance Coverage
Insurance is one of the issues that can make rideshare accidents different from ordinary vehicle collisions. California regulates rideshare companies as Transportation Network Companies, or TNCs. The amount and type of insurance that may apply can depend on what the rideshare driver was doing when the accident occurred.
Driver Is Offline
If the rideshare application is turned off and the driver is using the vehicle for personal purposes, the driver's personal automobile insurance will usually be the relevant coverage.
Driver Is Logged In and Waiting for a Ride Request
When a driver is logged into the rideshare application but has not yet accepted a ride request, California requires certain TNC insurance coverage. Whether particular coverage applies to a specific accident depends on the circumstances and applicable insurance policies.
Driver Has Accepted a Ride or Is Transporting a Passenger
California requires substantially higher coverage after a driver accepts a ride request. Since rideshare insurance depends heavily on the driver's status at the time of the accident, determining whether the driver was logged in, waiting for a request, traveling to a passenger, or actively transporting someone can be important.
Injuries that may occur after a Rideshare Accident
Rideshare collisions can result in injuries ranging from relatively minor to severe. Commonly reported injuries following vehicle accidents may include, but are not limited to, the following.
- Neck and back injuries
- Whiplash
- Head injuries and concussions
- Broken bones
- Shoulder and knee injuries
- Cuts and bruising
- Spinal injuries
- Soft-tissue injuries
Some symptoms may not be immediately apparent following a collision. Seeking appropriate medical attention can help address health concerns and create documentation regarding the injuries and treatment received.
The Necessary Steps to Take After a Rideshare Accident
Victims should consider taking the following safety precautions after suffering injuries from a rideshare accident. These may include but are not limited to:
- Seeking medical care as soon as possible
- Documenting the accident scene by taking photos or videos of the vehicles, roadway conditions, injuries, and the surrounding area
- Getting the names, contact information, driver’s license information, and insurance details of the drivers involved in the accident
- Keeping the rideshare information from the applications used may also be important
Seeking Legal Support and Guidance
Oftentimes, the consequences of a rideshare accident may be difficult for victims to understand on their own. Seeking the help of a legal professional may help individuals become aware of their rights and responsibilities when proceeding with the claims process.
How KAASS LAW Can Help
The attorneys at KAASS LAW can review the circumstances surrounding a rideshare accident and help individuals understand the legal options that may be available under California law. Our legal team may also be able to speak to insurance companies on your behalf, preserve important pieces of evidence, and support you throughout the litigation process. Call KAASS LAW today to learn more.