Car AccidentHit by a Rideshare Driver? Your Rights as a Pedestrian

October 7, 20240

Getting hit by a vehicle while walking can lead to serious injuries and major disruption in your life. If the driver was working for a rideshare company like Uber or Lyft at the time, you may have questions about your rights and how to hold them accountable. Here’s what you need to know if you’re struck by a rideshare driver as a pedestrian in California.

Filing an Injury Claim Against the Rideshare Company

If you’re hit and injured by a rideshare driver, the first step is to seek medical attention and document your injuries. The next step is to consult with an experienced personal injury attorney about your right to file a claim.

In California, rideshare companies are required to carry insurance policies that cover injuries to pedestrians. This includes:

$50,000 per person for bodily injury
$100,000 total per incident for bodily injury
$30,000 for property damage

This insurance kicks in if the rideshare driver hits you while they have a passenger in the car or is on their way to pick up a ride. It applies whether the app is on or off, as long as they have a passenger or are headed to one.

Your attorney can help you file an injury claim directly against the rideshare company’s insurance. They will gather evidence to show the driver was at fault and that their negligence directly caused your injuries and damages.

The rideshare company may try to deny responsibility or dispute the extent of your injuries and losses. An attorney can deal with the insurance company and fight for full and fair compensation on your behalf.

Suing the Rideshare Driver

In addition to filing a claim against the rideshare company’s insurance, you may be able to sue the driver directly. This allows you to seek additional compensation if your damages exceed the policy limits.

California follows pure comparative negligence rules. This means you can recover damages even if you were partially at fault, reduced by your percentage of fault. If you were crossing outside of a crosswalk, for example, you may be 20% responsible while the negligent driver bears 80% responsibility.

Your attorney can help establish negligence through evidence like:

Traffic camera footage
Police reports
Witness statements
Medical records proving injury
Expert testimony on proper driving standards

By showing the driver acted carelessly by speeding, not yielding, or breaking other traffic laws, you can prove they bear responsibility for your injuries.

Seeking Compensation for Your Damages

Being struck by a vehicle can lead to significant financial losses. An injury claim allows you to seek compensation for categories of damages like:

Medical expenses from injury treatment, both current and future expected costs
Lost income due to missing work during recovery
Loss of future earning capacity if you are disabled from working
Property losses if your belongings were damaged
Pain and suffering damages

Your settlement may also include punitive damages meant to punish the rideshare company or driver as an example to others. For severe injuries or fatalities, damages easily reach into the millions.

An experienced attorney will calculate your full losses and fight for maximum compensation under the law. This can provide the financial support you need to move forward after a life-altering pedestrian accident.

Steps to Take After an Accident with a Rideshare Driver

If you’re struck and injured by a rideshare vehicle, take these steps to protect your rights following the collision:

Get medical help: Seek treatment at the scene or go to the emergency room, even for minor injuries. Thoroughly document all injuries and follow treatment plans.
Report the incident: File a police report on the crash and obtain a copy for insurance and legal claims. Give detailed statements on what happened.
Gather evidence: Take photos of injuries, vehicle damage, and accident scene evidence. Get contact info for witnesses. Save relevant medical records and bills.
Inform the rideshare company: Report the incident to the rideshare platform so they have documentation. Uber and Lyft have 24/7 customer service hotlines.
Consult an attorney: Speak with a personal injury lawyer as soon as possible after an accident with a rideshare driver. They can advise you on next steps and legal options based on the details of your case.
Maintain records: Keep detailed records related to the accident, your injuries, and damages to support your future injury claim.

Pedestrian accidents involving rideshare vehicles are complex legal claims. An experienced attorney can handle the details so you can focus on recovery. They will determine the avenues for compensation and vigorously represent your best interests.

What to Expect When Pursuing a Rideshare Injury Claim

Pursuing compensation after getting hit by a rideshare driver involves a process including:

Investigating the accident: Your attorney will order police reports, interview witnesses, visit the scene, and gather evidence to build your claim.
Calculating damages: Your lawyer will assess medical bills, lost income, property losses, and other costs and estimate the full value of your damages.
Filing the insurance claim: The attorney will submit your claim along with supporting evidence to the rideshare insurance company and negotiate a settlement.
Litigation if needed: If the insurer disputes fault or denies reasonable compensation, your lawyer can file a lawsuit to let a judge or jury decide.
Settlement: Most claims settle out of court once damages are evident and responsibility is clear. Your attorney will fight for the maximum possible recovery.
Getting paid: The rideshare insurer will issue a check for the settlement amount which your attorney will disburse to you minus legal fees and expenses.

The whole process usually takes anywhere from several months to over a year depending on factors like how long treatment and recovery take. An attorney will handle negotiations and litigation while keeping you informed. They will make sure you get full and fair compensation.

Free Consultation for Pedestrian Accident Victims

If you or a loved one got injured by a rideshare driver in California, contact our office for a free case review. Our personal injury attorneys have helped numerous pedestrians recover damages after collisions with Uber and Lyft drivers. We can evaluate your case at no cost and advise you on the best legal options.

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