People frequently use rideshare services like Uber and Lyft. Los Angeles is infamous for its traffic, and accidents are common, including accidents involving Uber and Lyft vehicles. If you are hurt in such an accident, call a lawyer who can help you get fair compensation.
You may be able to sue the driver of the rideshare vehicle or other drivers involved in the collision. While Uber and Lyft will likely argue they cannot be held liable because their drivers are independent contractors rather than employees, it may still be possible to sue them. They may be directly liable in some cases, or we may argue that their drivers are misclassified and should be treated as employees, thereby exposing these companies to vicarious liability.
Contact our Los Angeles car accident attorney for a private legal review for free by calling the Law Office of John J. Perlstein at (213) 252-1070.
Who Should You Include in a Lawsuit for an Accident Involving Uber or Lyft?
Car accident Lawsuits can be complex, and they often involve multiple parties. Plaintiffs may sue one or several defendants, including the rideshare driver, other drivers involved in the crash, and possibly companies like Uber and Lyft.
The Rideshare Driver
Rideshare drivers are commonly found to have negligently caused accidents. These drivers typically earn more money by completing more rides for passengers. This often leads to rideshare drivers speeding and driving hastily to complete more rides and pick up more passengers. Unfortunately, this also increases their risk of accidents, and they should be held accountable.
Other Drivers
Car accidents with Uber and Lyft usually involve at least one other vehicle. It is possible that the Uber or Lyft driver is directly responsible, but the other driver might also share responsibility for the crash.
If you believe that another driver involved in the accident contributed to the crash, our Los Angeles car accident lawyers can and should include them in your lawsuit.
Uber or Lyft
Suing the company behind the driver, Uber or Lyft, can be tricky. Usually, these companies argue that they cannot be held vicariously liable for the accident because their drivers are classified as independent contractors, and vicarious liability applies only to employees.
However, whether rideshare drivers are independent contractors or employees may be debatable. Many would argue that these companies exert too much control over drivers for them to be considered independent contractors.
We may argue that drivers are misclassified as independent contractors and should be treated as employees, opening Uber or Lyft up to vicarious liability.
How Do You Begin a Lawsuit After an Uber or Lyft Accident in Los Angeles?
Starting a lawsuit is not simple, and you need help from an experienced lawyer who can prepare your case.
Exhaust Your Insurance Options
Even if you know from the very beginning that you want to sue the people responsible for your Uber or Lyft accident, it is a good idea to exhaust your insurance options first. Often, the drivers responsible will have insurance, or at least they are required to, and Uber or Lyft may have insurance that covers your accident.
Depending on the situation, Uber or Lyft has insurance that covers accidents up to certain limits. The maximum amount is $ 1 million for accidents where the rider has been matched and accepted by a driver, or where the passenger is in the rideshare vehicle.
Draft a Formal Legal Complaint
Once insurance options have been exhausted, your attorney can draft a formal complaint. The complaint is the legal document that officially starts your lawsuit once the court accepts it. It must contain lengthy and specific information about how the accident happened, who was involved, your damages, any evidence you have, and why you believe the defendant should be held liable.
Serve Notice of the Complaint to the Defendants
Once we have your complaint ready to file, we must file it with the appropriate court and serve notice on the defendant almost immediately. Serving notice must be done in accordance with specific rules and procedures.
Often, notice is served through certified mail. However, there may be other options, such as hiring a process server to do it for you.
FAQs About Suing Lyft or Uber After an Accident in Los Angeles
Who Can You Sue After an Accident with an Uber or Lyft in Los Angeles?
After an accident involving Uber or Lyft, you may sue the driver responsible, other drivers involved in the case, and possibly the companies Uber and Lyft.
Can You File an Insurance Claim for a Lyft or Uber Accident?
Yes. You may file insurance claims with the at-fault driver’s insurance and with Uber or Lyft’s insurance coverage. Some people find that all their damages are covered this way, but it is still a good idea to hire a lawyer to help you coordinate benefits between multiple policies and claims.
How Long Do You Have to File a Lawsuit After an Accident with a Lyft or Uber?
In California, plaintiffs who file personal injury claims for things like Lyft or Uber accidents must do so no later than 2 years after the accident occurs. If you miss this deadline, you might be unable to file the case at all.
Can You Sue the Companies Uber or Lyft After an Accident?
Possibly. Uber and Lyft may argue that they should not be held liable because drivers are independent contractors, not employees. However, companies might be held directly liable in some cases, or we can argue that drivers are misclassified.
What Evidence is Important in a Lawsuit for a Lyft or Uber Accident?
Evidence may include, but should not be limited to, photos and videos from the accident scene, witness testimony, your testimony, medical records about your injuries, and data from the ridesharing app. Depending on your specific circumstances, we may need different or additional evidence.
Contact Our Los Angeles Car Accident Lawyers to Discuss Your Claims
Contact our Anaheim, CA car accident attorney for a private legal review for free by calling the Law Office of John J. Perlstein at (213) 252-1070.