Maison Law represents car accident victims in San Luis Obispo. Whether you’re a passenger, driver, motorcyclist, cyclist, or pedestrian, serious injuries can happen when you get into a Lyft. Our team of San Luis Obispo car accident lawyers can help you through the recovery process. Contact us for a free consultation to learn more about your options.
Why Would You Need a Lawyer?
Being in any type of accident can leave you feeling helpless and overwhelmed, but this is particularly true in a Lyft accident. This is due to the fact that, most likely, you’ll be a passenger when the accident happens. But whether or not you need a lawyer depends on your situation. There’s no requirement anywhere that says you need a lawyer, and more to the point, if your injuries are only minor, you probably don’t need to worry about taking legal action.
That said, given the potential complications with a Lyft accident, having our team on your side can really help. We’ll explain your legal options and help you with any insurance claims. More than anything else, we want to make things easier for you. We’ll be there to guide you toward a successful claim.
What’s the Legal Process in a Lyft Accident?
At its core, a Lyft accident is a car accident. This means normal car accident procedure applies in terms of the legal process. However, there are some key differences in a Lyft accident–first and foremost involving liability and insurance coverage.
When you’re in a Lyft accident, the driver is considered an “independent contractor”, meaning their personal car insurance covers losses. However, California law requires Lyft drivers to have additional liability and uninsured motorist insurance while on a trip. If they’re not logged into the system, their personal insurance applies, potentially as low as California’s minimum limits.
With that taken care of, actual legal liability is still determined by negligence. This means showing:
- The Lyft driver or party had a duty to operate their vehicle safely.
- They failed to fulfill this duty.
- This failure caused the accident.
- The accident resulted in your injuries and other damages.
Obviously, it’s not just the Lyft driver that could be involved in the accident. So, others could potentially share liability:
- Other drivers
- Other passengers
- Pedestrians
- Construction workers
- Vehicle manufacturers
- Government agencies
As with any car accident claim, liability is only the first step in the legal process. The next step is your damages.
Damages
When you’re injured in a Lyft accident, you have the same legal options as you would in any other car accident. Namely, this means filing an injury claim to recover “damages.” Usually, this is done through an insurance claim outside of court or a personal injury lawsuit inside the court system. Our team can handle any negotiations and make sure you have the best chance at securing these damages. Every case is different, but you can potentially recover:
- Medical expenses
- Pain and suffering
- Lost income
- Emotional distress
- Repair/replacement costs for damage property
- Loss of enjoyment of life or companionship
- Wrongful death expenses
Going through the claims process is a necessary part of recovering these damages. Yet, it’s up to you to show the extent of the impact the accident has had on you. So, it’s important to know what to do when an accident happens.
What You Need to Do After the Accident
The best way to think about a Lyft accident is to approach it the same way you would any other type of car accident. Obviously, this is easier said than done when you’re hurt. However, the fact remains that an insurance company is going to be involved, and they’ll look for any way they can to reduce the value of your claim. In order to stop that from happening, make sure to do the following:
- Take care of your health – First things first, call an ambulance if you’re hurt. They’ll arrive on the scene and take care of any immediate injuries. Once these other steps are taken care of, get further medical care at a hospital or urgent care.
- Inform Lyft – Report the accident through the Lyft app and keep track of the driver’s details.
- Collect evidence – Take photos of the accident scene, vehicles, and injuries. Get contact information from witnesses.
- Report to the police – Inform the SLO police about the accident and get a copy of the report if they make one.
- Keep records – Save all documents related to the accident, like medical bills and communication with Lyft or insurers.
- Tell your insurance – Let your insurance company and the Lyft driver’s insurer know about the accident.
- Track expenses – Keep a record of all costs related to the accident. Also, keep notes on your progress, like medical treatments and therapy.
- Be careful what you say – Watch what you say about the accident, especially on social media, as insurers might use it against you.
These steps are crucial in any car accident, but they’re especially vital in a Lyft accident. Even if the fault isn’t yours, presenting a solid case is necessary to claim damages. But remember, it’s important to look at the circumstances.
Why Do Lyft Accidents Happen?
Accidents involving Lyft drivers might feel like they’re bound to happen due to high demand and many drivers. Lyft, like other rideshare services, has tried to make things safer by taking steps to reduce accidents. But the reality is that accidents are going to happen. Here’s a closer look at the underlying causes of most Lyft accidents in the city:
- Crowded locations – Many Lyft rides are taken in the city’s more crowded areas, like Downtown, LoHii, or the Airport District. More cars and people equals more accidents.
- Fatigue – A big concern for a lot of Lyft drivers is that they make a huge number of trips as they try to make money. This leads to them being fatigued and driving while they’re tired.
- Driver mistakes – Lyft drivers, like any others, can drive negligently by speeding, using their phones while driving, running red lights, or failing to yield.
- Road hazards – Unsafe road conditions such as potholes, uneven surfaces, or unclear signs can increase the risk of accidents, particularly for drivers unfamiliar with the area.
- Vehicle issues – Mechanical problems like faulty brakes or tires in Lyft vehicles can lead to accidents.
The most serious outcome of any car accident is the potential for injuries. Riding in a Lyft can result in injuries similar to those in regular car accidents, such as:
- Cuts and bruises
- Whiplash
- Broken bones
- Traumatic brain injuries (TBIs)
- Internal injuries
- Spinal injuries
- Burns
- Post-traumatic stress disorder (PTSD)
If you’re injured in a Lyft accident, it’s crucial to act quickly to protect your rights. As with any other car accident in California, you have two years from the date of the accident to file your injury claim.
Dedicated Lyft Accident Lawyers in San Luis Obispo
When you call for a Lyft, you probably don’t think about the possibility of being in an accident. Yet, given that you have little to no control over the car, it’s likely that you could end up getting hurt in such an accident. At Maison Law, our experienced San Luis Obispo Lyft accident lawyers will be there to help you through the legal process, standing up for your rights. To get the process started, contact us today for a free consultation.
