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The notoriety of Los Angeles’ traffic patterns, especially on the 405, has made national news. No one enjoys spending hours navigating bumper-to-bumper traffic, but unlike cities with extensive subway systems, LA poured millions into its complex freeway network. This infrastructure leaves commuters priced out of the Los Angeles housing market, UCLA students, residents, and tourists with fewer travel options. As such, the Los Angeles rideshare market is booming. Why fight LA traffic when you can summon an affordable driver to do it for you?
Founded in California, Uber operates extensively throughout the state. Uber’s convenient and affordable rideshare app has changed the way Californians travel, but the service doesn’t come without risks. Nearly anyone with a relatively safe driving record and an operable vehicle can become an LA Uber driver. You do not need experience navigating the 405 to hire yourself out to do so. This inexperience, combined with the unprecedented volume of Los Angeles vehicle traffic, often leads to devastating Uber accidents.
Recovering compensation after an LA Uber accident often involves complex legal regulations, multiple defendants, and various insurance claims. Maximizing your financial compensation following rideshare crashes often means working with qualified legal counsel. For help navigating your case, you need the experienced Los Angeles Uber accident attorneys at The Ride App Attorneys.
Uber became a Fortune 500 company using a uniquely effective business model. Uber provides an online transportation network (Uber app) connecting local drivers with available passengers instead of hiring drivers to operate company-owned vehicles, like taxis. Drivers use their personally owned vehicles to provide rideshare services through the Uber app. These drivers do not work for Uber or drive Uber-owned vehicles. While this system gives drivers flexibility and costs less than traditional taxi services, it generally insulates Uber itself from car accident liability. This isn’t the case in traditional taxi accident cases, which impute liability on the negligent driver, vehicle owner, and driver’s employer under vicarious liability principles.
Since Uber’s launch, numerous questions arose about its corporate responsibility for motor vehicle accidents. For example, is Uber responsible for an Uber driver injured by intoxicated passengers in LA? What if Uber contracted with an unsafe driver or connected passengers with poorly maintained vehicles? Litigating personal injury claims against rideshare companies often hinges on complex details and applying California’s Protect App-Based Drivers and Services Act (Cal. BPC §§ 7448, et seq.). Only certain attorneys have the unique experience necessary to recover maximum compensation for claimants following Uber accidents.
The Protect App-Based Drivers and Services Act (Prop 22) generally protects Uber from car accident liability. However, qualifying transportation network companies must follow strict insurance, labor, and user safety guidelines to trigger these protections. Under BPC § 7451, Uber drivers remain independent contractors (insulating the rideshare company from vicarious liability claims) only if:
Whether by pressuring drivers to accept more requests or penalizing those working with competitors, violating the above terms may strip Uber of certain legal protections. The driver could become an Uber employee under California law, allowing injured rideshare passengers, pedestrians, and other drivers to hold Uber itself responsible for their injuries.
Uber must conduct local and national criminal background checks on potential drivers. It may not permit unqualified drivers to utilize its rideshare applications, such as certain felons. Applicants convicted of qualifying sexual offenses, felonies, and serious vehicular crimes – including drunk or reckless driving – cannot drive for Uber. The company should continue monitoring for criminal convictions and, if necessary, suspend dangerous drivers from its rideshare application. Failure to protect app users could make Uber liable for certain accidents. Liability might also arise if the rideshare company failed to investigate and suspend dangerous Los Angeles Uber drivers with a history of poor customer reviews and driving reports. The law actually requires rideshare companies to employ zero-tolerance policies for certain drunk driving and felony-level offenders.
Likewise, Uber drivers must undergo mandatory driver safety training. This training must address accident prevention, defensive driving practices, techniques for avoiding common accident-causing factors, and sexual misconduct identification. Rideshare lawyers can perform independent background and safety investigations to determine if Uber violated the safety provisions of BPC § 7458 and § 7459. If these violations contributed to your LA Uber accident, a rideshare attorney might help you recover compensation from Uber.
Most private auto insurance policies disclaim liability for rideshare injuries. This lack of coverage means riders and drivers injured in Uber accidents cannot typically recover compensation from the vehicle’s private insurance policy. As such, Uber must provide a $1,000,000 umbrella insurance policy to cover third parties – including rideshare passengers, pedestrians, and other drivers – not otherwise covered by an appropriate commercial insurance policy.
This umbrella policy only covers drivers actively engaged in providing rideshare services as defined by BPC § 7463(j).Active engagement means the period between accepting and completing a rideshare or delivery request. For example, riders injured while traveling in their requested Ubers or others injured by Uber drivers traveling to complete rideshare requests might file these umbrella insurance claims. However, this third-party liability policy does not cover accidents occurring:
Uber drivers have certain extended benefits for accidents occurring while they’re logged into the application but waiting for new requests. Uber drivers may demand lost wage and injury coverage, similar to workers’ compensation benefits, for themselves and dependents after qualifying accidents. This unique policy also provides up to $1,000,000 in coverage. Experienced Los Angeles Uber crash lawyers might help both injured drivers, passengers, and affected third parties understand applicable coverage and make strong insurance compensation claims.
California personal injury compensation laws still apply to injured claimants requesting compensation following Uber crashes. Qualifying claimants may demand financial damages for any economic and non-economic losses caused by the crash. Spouses might also demand appropriate damages. Personal injury damages may include compensation for the following:
Appropriate financial awards should include damages for past losses, like the initial ER bill, and reasonably anticipated losses, including future lost wages. Many accident attorneys retain qualified economic experts to calculate an Uber crash claim’s true value, which is higher than most claimants expect. If a rideshare accident impacted your physical health, emotional stability, or career, discuss the value of your potential claims with a LA Uber accident attorney today.
Tenny Mirzayan is the best out there. She handled our car accident case, and destroyed the other side. Farmers Insurance offered us $0, and she got us deep into the six figures. She did not let us get pushed around. Thank you!!!
Despite the passage of Prop 22, knowledgeable rideshare lawyers might still help claimants recover substantial damages following Los Angeles Uber collisions. Most viable cases settle with liable insurance providers, including Uber’s umbrella coverage provider. Many claims even involve settlements with another negligent driver’s insurance company, the vehicle owner, or the Uber driver.
The nature and structure of any offered settlements depend on the specific facts of your case. It’s important to avoid accepting tempting but potentially insufficient settlement offers following Uber accidents. Many injured claimants jump at their initial settlement offers before fully recovering from their injuries. While serious car accidents often leave claimants with unmanageable medical bills and without a steady income, it’s important to consult with LA counsel to avoid waiving future claims.
Whether you were clipped at LAX, rear-ended on the 405, or struck on Rodeo Drive, Uber accidents necessitate experienced rideshare attorneys. Many states, including California, passed unique legislation to cover the unprecedented legal disputes stemming from Uber’s ride-sharing platform. Do not go up against Uber’s corporate attorneys without the experienced Los Angeles The Ride App Attorneys on your side. We offer contingency fee arrangements to qualifying clients, meaning you might recover needed compensation without any upfront or out-of-pocket costs. Call today for your free Uber accident consultation.