Piggybacking off of the tremendous success of rideshare companies like Uber and Lyft in Los Angeles, several companies have popped up in recent years that offer the use of an entire car or vehicle rather than just getting a ride from someone. One of the most prevalent companies in this area is Zipcar.
No matter what the circumstances are, being in a car accident in Los Angeles can leave you facing serious injuries and a reduced quality of life. At Maison Law, our experienced Los Angeles car accident lawyers understand how difficult this situation can be and we can help your recovery. If you’ve been hurt in an accident with a Zipcar or any other car, contact us today for a free consultation.
What Responsibility Does Zipcar Have Regarding Accidents in Los Angeles?
While it’s relatively new on the scene in Los Angeles, Zipcar is, at its heart, a car rental company. As such, like any other car rental company, Zipcar has a legal duty to keep other road users safe. That said, when a person rents a car through Zipcar, they also have a responsibility to operate the vehicle in a way that keeps others safe.
This means drivers must not:
- Drive under the influence of drugs or alcohol
- Speed or drive recklessly
- Be distracted while driving
- Drive while fatigued
- Ignore traffic rules, road signs, or improperly change lanes
All of these actions by a driver can, and often do, result in accidents. However, what’s ultimately important is understanding legal responsibility–also known as liability–in these accidents. To that end, both the driver of the car and Zipcar as the rental company may share in the liability for covering your injuries and other damages.
Negligence and Vicarious Liability
When a driver operates a Zipcar in such a way that causes an accident that injures you or someone else, they will be considered to have been negligent. Negligence is the key for determining liability in a California car accident case, regardless of any other circumstances. However, as the rental company associated with the accident, Zipcar itself shares some of the liability.
This legal concept is known as “vicarious liability”, and it means that a company can be held responsible for the negligence of another party. Under vicarious liability, Zipcar could also be liable for your injuries and other damages in a car accident if the driver of the Zipcar was acting within the scope of the rental agreement, which usually involves:
- Authorized use – The rental agreement tells you who can drive the Zipcar. Usually, only the person who reserved it or added an approved driver can drive. If someone is not allowed to drive the car, it may not be covered by the agreement.
- Duration and location – The agreement sets the time and place where you can use the car. Going beyond these limits could affect Zipcar’s responsibility if something happens.
- Traffic laws – When using Zipcar, the renter must follow all traffic rules. Breaking these rules might impact who’s responsible for any problems.
- Prohibited activities – The agreement lists things the renter can’t do, like driving drunk or using the car for illegal acts. Doing these things might mean Zipcar isn’t responsible.
- Reporting accidents – If there’s an accident, you usually have to tell Zipcar right away and follow their rules for reporting. Not doing this could affect who’s responsible.
- Vehicle condition – The renter is usually in charge of returning the car how you found it. If there’s extra damage, you might have to pay for it.
- Insurance coverage – Zipcar usually gives you insurance, but the details can vary. Make sure you know what’s in the rental agreement about insurance.
While the circumstances of every accident are different, what’s ultimately important to understand is that if you’re involved in a car accident with a person driving a Zipcar, it’s likely that both the driver and Zipcar itself will share some of the liability. Thus, it’s important for you to know what your options are.
Legal Options After Being Involved in a Los Angeles Zipcar Accident
When you suffer an injury in a car accident, it often requires medical care and rehabilitation. This means you’re faced with covering medical expenses and taking time off work for treatment. These costs, along with other non-economic factors, are the primary accounting of your “damages” in a potential claim. In order to recover these damages though, you typically have two options:
- Filing an insurance claim
- Filing a personal injury lawsuit
Either option allows you to pursue a case for damages, but generally speaking, they will include things like:
- Medical expenses – You can get financial considerations for all the expenses associated with treating your injuries, including hospital bills, doctor visits, surgeries, medications, physical therapy, and rehabilitation. This covers both the costs you’ve already paid and those you may need in the future.
- Lost wages – If your injuries prevent you from working, you can seek compensation for the income you’ve lost and potential future earnings that you might miss due to the injury.
- Pain and suffering – You have the option to pursue financial support for the physical and emotional distress resulting from the accident and your injuries. This covers feelings of distress, anxiety, or depression, as well as a diminished quality of life compared to your pre-injury state.
- Loss of enjoyment of life or companionship – If your ability to lead your life as you did before the accident is affected, you can also seek support. This may include harm to your personal relationships.
- Punitive damages – These damages are awarded–albeit rarely–on top of the other damages if the other driver or Zipcar itself was excessively negligent when causing the accident.
While all of these damages are available in a car accident claim, what you can ultimately recover depends on the specific circumstances of your accident. Additionally, when Zipcar is involved, it just adds another layer to the claims process that you’ll have to go through. So, you may be wondering what exactly having our legal team on your side can do for you.
Do I Need a Lawyer After I’ve Been in a Los Angeles Zipcar Accident?
There’s no legal requirement that says you need to have a lawyer represent you in a Zipcar accident claim, but considering the frequency of car accidents in Los Angeles that could potentially involve Zipcar users, it’s helpful to be aware that you or someone close to you might find themselves in such a situation.
Moreover, attempting to navigate the aftermath of a car accident alone when dealing with the responsible party and their insurance company can potentially jeopardize your chances of receiving the rightful financial support and benefits you need to recover fully from your injuries.
Here are a few of the ways our experienced Los Angeles car accident lawyers can assist you or anyone else:
- Collecting and analyzing evidence – We take the responsibility of gathering and carefully examining all relevant evidence. This includes obtaining medical records, accident reports, witness statements, and any other pertinent information that can strengthen your case.
- Negotiating with insurance companies – Dealing with the insurance company of the at-fault party and Zipcar’s insurance provider can be a complex and sometimes frustrating process. Our experienced lawyers will skillfully negotiate on your behalf, working to secure a fair and just settlement that covers your medical expenses, lost wages, and other damages.
- Preparing and filing a legal case – In situations where negotiations do not lead to a satisfactory resolution, we are ready to take legal action. Our team will prepare and file a lawsuit against the at-fault party, initiating a formal legal process aimed at obtaining the compensation you deserve.
- Representation in court – If your case progresses to the point where it must be resolved in court, our attorneys are well-prepared to represent you effectively. We will advocate for your rights and interests, presenting a strong case to the judge and jury.
- Trial experience – If the insurance company or the responsible party remains uncooperative, we are fully prepared to take your case to trial. Our extensive experience in handling car accident claims equips us with the knowledge and skills needed to navigate the courtroom and fight for your rights.
Effective Solutions After a Los Angeles Zipcar Accident
At Maison Law, we’re proud of our approach to effectively handling car accident cases involving Zipcar. Whether you were a driver, passenger, or pedestrian in the accident, we’re here to help. We focus on collecting evidence, working with experts, and staying committed to building the strongest case for your compensation.
If you or a loved one have been injured in a Zipcar accident in Los Angeles, don’t hesitate to contact us today for a free, no-obligation consultation.
