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Lyft Accident Lawyer Ready to Defend Your Rights After an Injury
Lyft and other rideshare companies have revolutionized the transportation landscape. They make it easy and affordable to get from Point A to Point B, and they also offer millions of drivers the chance to earn money.
However, if you’ve been injured in a Lyft accident, you may already know that rideshare companies often make it difficult to recover compensation. The Lyft accident lawyers at Delfino Green & Green have years of experience advocating for rideshare accident victims, and we may be able to help you, too.
If you’re looking for a Lyft rideshare accident lawyer in California, contact us today to schedule your free, no-obligation consultation!
Why You Need a Lyft Accident Lawyer After an Injury
If you’re seeking compensation after a car accident, it’s always a good idea to have legal representation. However, if you were hurt in an accident involving a rideshare vehicle, it’s critically important to have the help of a Lyft accident attorney. These are some of the ways an experienced accident lawyer can help:
- Discussing your case with you and helping you decide whether legal action is best
- Investigating your accident
- Identifying all potentially liable parties
- Filing a lawsuit on your behalf
- Handling all ongoing legal filings and paperwork
- Negotiating with the at-fault driver’s insurance company
- Representing you in court if needed
Crashes involving rideshare vehicles have their own unique challenges. When your lawyer understands how to handle claims involving Uber and Lyft vehicles, you’ll have a better chance of recovering the compensation you deserve.
Contact A San Francisco Lyft Accident Lawyer
Contact us online or feel free to call us today at 415-442-4646 to schedule a free consultation with one of our knowledgeable San Francisco Lyft Accident Lawyers.
Common Challenges in Lyft Accident Claims
From the outside, it might seem like handling a Lyft accident case would be no different than dealing with another kind of car accident. However, rideshare accidents present a number of distinct challenges:
Complex Insurance Coverage
Lyft carries a significant amount of liability insurance. However, depending on the driver’s status, the full amount of the policy may or may not apply. Here’s a look at what insurance coverage applies and when:
- The Driver Isn’t Logged Into the App: The driver’s liability insurance applies
- The Driver Is Logged in and Waiting for a Fare: Lyft’s 50/100/25 insurance applies
- The Driver Is En Route to Pick Up a Passenger: Lyft’s $1 million liability policy applies
- A Trip Is in Progress: Lyft’s $1 million liability policy applies
When the driver is logged in and waiting for a trip, Lyft’s policy pays up to $50,000 of bodily injury coverage per person, $100,000 of bodily injury coverage per accident, and $25,000 of property damage coverage. However, this policy is usually secondary to the rideshare driver’s personal liability coverage.
Driver Status
Because of the legal doctrine of vicarious liability, an employer can generally be held responsible for the actions of an employee on the clock. However, Lyft drivers aren’t classified as employees — they’re independent contractors. While Lyft’s insurance will generally apply in cases where a driver was negligent, the rideshare company may not necessarily be liable for driver misconduct.
Questions of Liability
If you get into a car accident caused by another driver, determining liability generally isn’t very complex — the other driver is to blame. However, when the accident involves a Lyft vehicle, liability can be less clear. Depending on the circumstances of your accident, one or more of these parties may be responsible:
- The Lyft driver
- Another driver
- The vehicle manufacturer
- Lyft itself
The latter two cases aren’t common. For instance, if the crash was caused by a manufacturing defect in the Lyft vehicle or another car, the manufacturer could be held liable.
While its $1 million policy often applies, Lyft is seldom directly liable for an incident. If it’s revealed that the company was negligent in screening drivers, it could be sued directly. For example, if an intoxicated Lyft driver causes a crash and Lyft allowed them on the platform despite multiple previous DUIs, the company may be liable.
Insurance Company Tactics
Many people see that Lyft has a $1 million liability insurance policy and assume that recovering compensation won’t be difficult. Unfortunately, that’s rarely the case. Insurance companies tend to prioritize their own financial interests above all, so getting a claim approved can be challenging.
Lyft also has an incentive to avoid easily paying out insurance claims. If it were to gain a reputation as a company that approves claims with little pushback, it might find itself facing an uptick in claims filed.
Types of Injuries and Their Legal Impact
The right Lyft crash lawyer in California can help you recover compensation for your injuries. However, different types of injuries lead to different types of compensation. Here’s a look at some of the most common injuries in Lyft accidents and how they may impact your case.
Traumatic Brain Injuries (TBIs)
Traumatic brain injuries range from mild to life-altering. A mild concussion is a form of traumatic brain injury, and serious TBIs can cause lifelong issues with cognition, movement, memory, and mood. Victims of severe TBIs may suffer from long-term or permanent nausea, headaches, dizziness, and other physical symptoms.
TBIs have the potential to negatively impact almost every area of your life. If you’ve suffered one, your Lyft accident lawyer may be able to help you secure compensation to cover current and future medical treatment.
If your TBI has left you unable to work or has diminished your earning capacity, you might be able to recover compensation for what you could have earned if not for the injury.
Broken Bones
Many broken bones heal completely. However, treatment is often more costly and more painful than many realize. Some types of fractures require surgical intervention, and you may be left unable to work while you’re healing.
Spinal Cord Injuries
Spinal cord injuries vary in severity. Incomplete spinal cord injuries partially sever the spinal cord, and they can lead to issues with movement and feeling below the area of the injury. Complete spinal cord injuries cut the spinal cord in two, and they lead to a complete loss of feeling and movement below the injury.
Spinal cord injuries generally don’t heal, and they can have a lasting impact on the rest of your life. Lyft accident victims who have suffered these injuries will likely receive compensation for past medical bills as well as for estimated future medical care.
Compensation for pain and suffering is a consideration with almost any type of injury. However, courts tend to award more pain and suffering compensation for injuries that have a major negative impact on your life. Spinal cord injuries can lead to paralysis, so they often involve significant compensation for pain and suffering.
Lacerations
In a car accident, you could potentially suffer serious lacerations. Broken glass and metal can cause mild to major cuts. These may require stitches to heal properly. If a laceration is deep enough, it may be fatal.
Internal Injuries and Internal Bleeding
Internal injuries and internal bleeding aren’t always obvious. That’s why it’s so important to seek medical care after a car accident, even if you think you’re largely unharmed. Internal bleeding can quickly become life-threatening. If you aren’t already at a hospital, it may be too late to seek help by the time you notice symptoms.
Internal bleeding and internal injuries can lead to significant medical bills. If you lose function in an organ or suffer other long-term effects, your lawyer may be able to help you recover compensation for future medical care as well.
Proving Liability in a Lyft Crash
You and your Lyft accident attorney already know that a rideshare driver was responsible for your injuries. However, to have a successful lawsuit, you must be able to prove it. Your accident lawyer will need to show that the Lyft driver was negligent.
Most people think that “negligent” just means “careless.” This may be true in casual usage, but in civil court, a party is only negligent if the other side can prove the four elements of negligence:
- The driver owed you a duty of care
- They breached their duty
- You suffered harm because of their actions
- Because of that harm, you have damages to collect
Our team has extensive experience proving these elements. While each case is different, these are some of the ways we may illustrate each element of negligence:
The Driver Owed You a Duty of Care
A “duty of care” is an obligation to act in a way that reduces the possibility of harm. In the context of a Lyft accident claim, this element is often relatively straightforward to prove.
All drivers on the road have a duty of care to try to prevent motor vehicle accidents. This means they are obligated to stay focused on the road, obey traffic laws, and avoid collisions when possible.
The Driver Breached Their Duty of Care
When someone breaches a duty of care, it means that they have violated it. A negligent Lyft driver is one who has breached their duty of care in some way.
In many cases, we will use traffic camera footage, dashcam footage, your accident report, and statements from witnesses to establish that the at-fault driver breached their duty of care. For example, if a traffic camera shows a Lyft driver texting behind the wheel and causing a crash, that is clear evidence that the driver has violated their duty of care.
You Suffered Harm Because of the Driver’s Actions
Many drivers breach their duty of care to others on a daily basis. However, if those breaches don’t ultimately cause harm, they don’t lead to lawsuits.
To win your case, a Lyft accident attorney must be able to prove that (1) you suffered harm and (2) the actions of the Lyft driver led directly to that harm. This is often more straightforward than it sounds.
For example, if you suffer serious injuries in a car accident and that car accident happened because a Lyft driver ran a red light, it’s clear that the driver’s actions led to your injuries.
You Are Owed Compensation for Your Losses
In a Lyft accident lawsuit, you’re aiming to hold a negligent driver accountable. You’re also trying to recover compensation for your losses — so your attorney must be able to prove the existence of those losses.
In a legal case, compensation for your losses is referred to as “damages.” In a case involving a car accident, proving that you have damages to collect is often simple. Your medical bills, lost wages, and records of other expenses are some of the most common types of evidence we use.
Steps a Lyft Accident Lawyer Takes to Protect Your Case
If you’ve been hurt in a Lyft accident, you shouldn’t just search for “Lyft accident lawyer near me” and choose the first attorney who pops up. These cases can be complex, and working with an experienced Lyft accident attorney can increase your chances of success.
When you work with a skilled Lyft accident lawyer, they will likely take steps like these to strengthen your case:
Determine Liability
Your attorney will identify all liable parties in your case to ensure they pursue all avenues of compensation.
Gather Evidence
Police reports, traffic camera footage, and other types of evidence can help support your attorney’s argument.
Accurately Value Your Case
Your lawyer can assess the value of your case and then attempt to negotiate a settlement with the other side.
Fight for Fair Compensation
In most cases, your lawyer will be able to negotiate a settlement for you. However, if the other side is unwilling to compensate you fairly, your lawyer may take your case to court.
What Compensation Can Cover in a Lyft Accident Case
When you work with a California Lyft accident attorney, your lawyer will assess your case and identify what compensation you may be able to recover. These are some of the types of compensation we commonly recover for our clients:
- Medical bills
- Estimated future medical expenses
- Lost wages
- Lost or diminished earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
When it comes to non-economic losses like pain and suffering, it can be challenging to assign a dollar value. Our team has extensive experience with cases like yours, and we can accurately value economic and non-economic losses alike.
Looking for a Lyft Accident Lawyer in California?
If you’ve been hurt by a negligent Lyft driver, you don’t need just any attorney. You need a firm with a track record of success when it comes to representing rideshare accident victims.
Delfino Green & Green has represented car accident victims and other injured people for more than 30 years, and we routinely handle cases involving Uber, Lyft, and other rideshare companies.
If you need an experienced Lyft accident lawyer in the Bay Area, we’re here for you. Contact us now to get started with a free consultation.
Lyft Accident FAQs
Who Is Liable in a Lyft Accident: The Driver, Lyft, or Another Party?
That depends on the circumstances of your accident. Often, fault lies with either the Lyft driver or the other involved driver. Less commonly, Lyft may be directly liable.
Can I Sue Lyft Directly After an Accident in California?
Sometimes. Under ordinary circumstances, Lyft is not held liable for the actions of its drivers. However, if your lawyer can prove that the company’s negligence contributed to your accident, it might be possible to directly sue Lyft.
What Should I Do Immediately After a Lyft Accident?
After a Lyft accident, you should document the scene of the accident with photos if possible. You should also get the contact and insurance information of all involved drivers. After seeking medical attention, it’s a good idea to consult a Lyft accident lawyer for advice.
Does Lyft’s Insurance Cover Passengers Injured in an Accident?
Yes. When a passenger is in the car, Lyft’s $1 million liability insurance policy is in effect.
How Does Lyft’s Insurance Coverage Differ From a Regular Car Accident?
Lyft’s insurance is more complicated than insurance coverage in a typical car accident. Depending on whether the driver is logged into the app and whether they’re transporting a passenger, you might be covered by the driver’s personal policy, Lyft’s lower-limit policy, or Lyft’s $1 million policy.
Can I File a Claim if I Was a Pedestrian Hit by a Lyft Driver?
Yes. If you’re the victim of a pedestrian accident involving a Lyft vehicle, you may file an insurance claim.
What if the Lyft Driver Was Off-Duty or Had the App Turned Off During the Accident?
If you are struck by an off-duty Lyft driver or a driver who has the app turned off, the driver’s personal liability coverage applies.
What Role Does a Lyft Accident Lawyer Play in My Case?
When filing a claim against a rideshare company’s liability insurance, it can be difficult to recover everything you’re entitled to. A Lyft accident lawyer has extensive experience with these claims, and they understand how to negotiate with rideshare insurance companies. If need be, a Lyft accident attorney can also file a lawsuit on your behalf.
What Are the Time Limits for Filing a Lyft Accident Lawsuit in California?
If Lyft’s insurance company isn’t willing to negotiate a settlement, your Lyft accident lawyer might suggest filing a personal injury lawsuit. In California, you have two years from the date of your accident to file a lawsuit.
Will I Need to Go to Court for a Lyft Accident Claim?
Probably not. In most cases, your Lyft accident attorney will be able to negotiate a settlement outside of court. If you do need to go to court, your lawyer will help you prepare.
Schedule Your Free Consultation
Ready to get started? Contact Delfino, Green & Green online or give us a call at (415) 442-4646 to schedule a free consultation.
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