Uber/Lyft/Rideshare Accidents in Banning
Determining who has legal responsibility for Uber/Lyft/rideshare accidents in Banning is complicated. In addition to an individual driver’s liability, the company employing the rideshare driver could have some responsibility.
When you are injured in a motor vehicle accident with a rideshare vehicle, you should speak with an experienced attorney at Walter Clark Legal Group as soon as possible to discuss your legal options.
How to Prove Negligence in a Rideshare Crash
Most Banning rideshare accidents follow standard liability principles and are determined through insurance providers. All drivers within the state must maintain certain minimum insurance thresholds, according to California Vehicle Code § 16056.
Specifically, the state requires that drivers have policies with a minimum coverage of:
- $15,000 for bodily injury to one person
- $30,000 for bodily injuries to two or more people
- $5,000 for property destruction
Some insurance providers also issue specific policies that boost coverage limits while a driver is providing rideshare services.
Rideshare liability can get complicated if a person is injured in an accident while riding as a passenger in an Uber or Lyft. Many collisions are caused by the negligence of more than one party. An injured passenger can likely pursue a negligence claim against any driver responsible for an accident when riding as a passenger in a rideshare vehicle.
To establish negligence, a plaintiff must first prove that a driver breached their duty of care. Further, the breach must have actually led to the plaintiff’s harm, and the plaintiff must have suffered damages.
An injured party can recover economic and non-economic damages through a negligence lawsuit. Economic damages include measurable losses, such as medical expenses and property damage. Non-economic damages cover unquantifiable losses, like pain and suffering and emotional distress. Injured individuals may also pursue exemplary damages under California Civil Code 3294 if the defendant acted intentionally or with extreme reckless disregard in the accident.
Determining if the Rideshare Company Was Negligent
Since most rideshare drivers are working for a larger entity, an injured person could potentially have a claim against the rideshare company. However, certain state laws could limit a company’s exposure.
California follows the doctrine of respondeat superior under Cal. Civ. Code § 2338, which generally holds employers liable for negligent actions by their employees during the ordinary course of performing their job.
However, the state introduced Proposition 22 in 2020, which classifies rideshare drivers as independent contractors. The rule has faced a number of legal challenges but remains in effect.
Despite rideshare company drivers’ classification as independent contractors, an injured person can potentially pursue action against the company if they acted negligently in hiring or training the driver.
California Business & Professionals Code § 7450 stipulates that rideshare companies must perform certain background checks and driver safety training to ensure their drivers pose no public threat to customers. Additionally, Cal. Bus. & Prof. Code § 7455 requires that rideshare companies provide at least $1 million in coverage for medical expenses.
If a rideshare company acted negligently in training or hiring a driver, an injured person could have a better chance of proving negligence and holding them financially responsible for their Uber/Lyft accident in Banning.
Potential Limitations on Liability for Uber/Lyft Accidents
Various state laws can also adversely impact a negligence claim from a rideshare accident. For example, a court could dismiss the claim if it is not brought within the two-year statute of limitations period for personal injury lawsuits under Cal. Civ. Pro. Code § 335.1.
An injured party’s contributory negligence can also limit their ability to recover damages. The state follows the pure comparative negligence doctrine, which reduces an injured person’s damages according to their percentage of fault. For example, if a Banning rideshare passenger was injured in an accident because they were not wearing their seatbelt, the court could potentially limit their ability to recover damages.
California Proposition 213 also addresses liability for uninsured drivers or drivers guilty of other felony offenses. The law prohibits an uninsured driver, an intoxicated driver, or drivers guilty of another felony offense from pursuing non-economic damages.
Talk to a Banning Uber/Lyft/Rideshare Accident Lawyer Today
A qualified attorney at Walter Clark Legal Group is ready to discuss your Uber/Lyft/rideshare accident in Banning. Our firm can also bring on trusted co-counsel to help with your case if necessary.
Whether you were a driver or a passenger in a rideshare accident, you can still recover compensation for your damages from another party’s negligence. Call today to discuss your legal rights and options.
