Pedicabs have become a popular means of commercial passenger transportation, especially in touristy parts of major cities like San Diego, San Francisco, and Los Angeles. But unlike regular taxi cabs or rideshare vehicles, pedicabs offer little protection in accidents with other vehicles. As a result, pedicab passengers can sustain serious, life-altering injuries when involved in an accident.
If you’ve been hurt in a pedicab crash, you may be entitled to legal compensation for your injuries. To learn how much you might be eligible to receive, along with what you’ll need to do to get that compensation, contact the pedicab accident personal injury lawyers of Maison Law. We offer free, no-obligation consultations, and you don’t pay a thing unless we recover something on your behalf.
What Is a Pedicab?
Sometimes referred to as a bike taxi or a rickshaw, a pedicab is a vehicle with three wheels that’s powered by pedaling a bicycle. The passengers sit in the back of the vehicle, usually under a covering. Given the limited space and how it’s human powered, the driver can usually only transport one or two passengers at a time, and only for a relatively short distance.
How Do Pedicab Accidents Differ from Regular Car Accidents?
There are two main ways pedicab accidents are different from regular traffic accidents. The first main difference concerns physics. Pedicabs are much lighter and smaller than even a small motor vehicle. This means the pedicab and its passenger are more exposed to traumatic forces that can lead to significant injuries and even death.
The second main difference has to do with insurance coverage because pedicabs are considered vehicles that are engaged in commercial activities. So a non-commercial driver may have a personal car insurance policy while a pedicab driver might be covered under a commercial insurance policy. This difference matters because commercial policies tend to have much higher coverage limits.
The good news about commercial coverage is that if there are extensive injuries, there’s more money for compensation. The bad news is that with more money comes more lawyers and more intense scrutiny by the insurance company. This can make obtaining compensation more difficult, or at the very least, take longer to receive that compensation.
Getting Compensation From an Insurance Company
If you get hurt riding a pedicab, you’ll probably need to seek compensation from the pedicab driver’s commercial insurance policy. After filing a claim, the insurance company will have 15 days to start an investigation. The insurance company then has 40 days to make a decision on that claim.
For simple claims with relatively low damage amounts and clear liability, it might a few weeks (or less) for your claim to be processed and payment received. But for more significant claims, or accidents where liability is unknown, it could take much longer for the insurance claim to be resolved. Then there are cases where the insurance claims process is unable to provide you with full and fair compensation. If this happens, you may need to file a lawsuit.
Suing for Pedicab Accident Injuries
Who you need to sue will depend on who caused the accident. If your pedicab driver was negligent or reckless, you can sue them personally and/or sue their employer. In many cases, you’ll sue their employer through the legal doctrines of respondeat superior and vicarious liability.
Potential Damages in a Successful Pedicab Personal Injury Lawsuit
If your pedicab personal injury suit is successful, you can potentially recover several different types of damages:
- Non-economic damages: These are subjective, harder to calculate damages that typically include compensation for psychological harm such as loss of consortium, emotional distress, and pain and suffering.
- Economic damages: These reimburse you for financial harms from the accident. They cover things like lost income, medical bills, and property repair/replacement costs (if applicable).
- Punitive damages: The goal of punitive damages is to punish, not compensate. A court doesn’t usually award punitive damages unless the defendant acts in an abhorrent manner, such as recklessly or intentionally causing the accident.
When It’s Time to Talk to a Lawyer About Your Pedicab Accident
Ideally, you shouldn’t need a lawyer to receive compensation for your pedicab injuries. Unfortunately, we don’t live in a perfect world. If your injuries are especially traumatic, such as a traumatic brain injury (TBI) or a spinal injury, then it’s strongly recommended that you talk to a personal injury lawyer. With a lawyer on your side, you can expect them to help with:
- Estimating what your case is worth, and therefore, what a reasonable settlement amount is.
- Identifying key evidence and how to get that evidence.
- Preparing expert reports and testimony.
- Developing legal arguments to minimize your liability.
- Negotiating with insurance company adjusters and lawyers.
- Representing you in court, should a lawsuit be necessary.
- Offering peace of mind that your case is in good hands.
Talk to a California Pedicab Accident Lawyer Today
You were supposed to enjoy your day out, but instead it got ruined by a pedicab accident. You can’t get your day back or replace those bad memories with more pleasant ones, but you can seek compensation for your injuries with the help of Maison Law.
Our pedicab accident attorneys understand how insurance companies work and the best strategies for recovering full and reasonable compensation. Find out what we can do for your case by contacting us today. We offer no-fee, no-obligation consultations, so you’ve got nothing to lose.
