Bicycle Accidents Caused By Uber Drivers

One of the major fears many bicyclists have is getting hit by a car. Since car collisions can cause serious injuries, cyclists are generally on high alert. While this type of accident doesn’t happen often, the risk is still there. And when they do happen, catastrophic injuries and death could occur.

While a collision with a regular car is chaotic and complex, what happens when a pedestrian is hit by an Uber vehicle? Arash Law can help you decide what to do when a rideshare driver causes your bicycle accident.

Uber vehicles are less identifiable than taxi drivers or commercial trucks. While taxis are clearly marked, rideshare cars often blend in with regular traffic. Even if they have signage, it’s not always clear if the driver is actively working for Uber.

Additionally, the process of using a rideshare is more complicated than the traditional taxi. Taxis typically pick up passengers who wave them down or call a general line. Rideshare drivers must look at an app, sometimes while driving, to accept rides and get directions.

Cyclists may face increased danger when rideshare drivers stop suddenly or become distracted by their apps, which could give cyclists little time or space to react safely. Using the rideshare app can cause more distractions than other drivers experience. It could potentially lead to collisions with cyclists.

As rideshares’ ease of access and popularity increase, more motorists are enticed to be rideshare drivers. Rideshare vehicles are becoming increasingly popular. This phenomenon may increase the likelihood of accidents involving bicycles and rideshare vehicles.

One notable news story involving a rideshare vs. bicycle crash happened in Alameda in 2017. According to reports, the rideshare driver who had just accepted a fare on her app backed into a cyclist behind her at the stoplight. There was also a hit-and-run incident in Texas in 2019, where a rideshare driver ran down a bicycle-mounted police officer and left the scene.

Rideshare vehicles fall into a gray area involving liability. So, determining who might be responsible for your accident can be challenging. Experienced Uber accident lawyers can help handle these complexities.

Determining Negligence In An Uber And Bicycle Accident

As a cyclist in an accident with a rideshare, the first hurdle when filing a claim is determining negligence. When pursuing an accident claim, you will negotiate with the insurance companies to seek compensation for your losses. Typically, if it were an everyday motorist, you would file an insurance claim with the driver’s insurance company. However, when the crash involves a rideshare driver, other options may apply. You may have many complex questions to address, such as:

• Is the driver’s insurance company responsible for my losses?
• Does the rideshare company’s insurer pay for losses?
• Will I be negotiating with multiple insurance companies?
• Who is accountable if it was a dooring accident caused by the passenger?

The answers to these questions are complicated. It will vary by individual circumstances. Ultimately, your bicycle accident attorney will focus on helping establish negligence and which insurance company to negotiate with. We can also review the degree to which each party contributed to the collision. Cases settle when cyclists and insurance companies agree on negligence and damages.

However, if all parties cannot reach an agreement, the next step is a lawsuit. You must prove that the person was negligent to the court. You will then have to provide evidence of your damages. Most cases are settled through negotiations since a lawsuit can be expensive. However, due to the uncertainty of the process of establishing negligence and other issues, you may wish to work with a rideshare accident lawyer. If you have severe injuries, consider getting legal representation. To understand your rights, consult a lawyer before speaking with the driver or their insurance company.

Who Should Pay For Bicycle Accidents In California?

Aside from determining negligence, another major concern is who will pay for your losses. You may be able to pursue compensation from the rideshare’s insurance company. However, negotiating a settlement can be difficult. You may receive initial offers that do not fully consider your losses. Different rideshare companies insure their drivers to varying degrees. They also require drivers to carry individual insurance policies.

Where things can get tricky is with the policy limits. The insurance company responsible for paying your losses will depend on what part of the rideshare process the driver is in. Arash Law has a breakdown of how the insurance process works depending on the rideshare passenger cycle. Please note that the amount of compensation you may be able to pursue will likely have a different value than the policy limits listed below.

Off-Duty

“Off-duty” means the driver is not logged into the rideshare app. That means the rideshare company’s insurance policy will not apply. However, all rideshare drivers must have individual policies. These policies may cover your damages when the driver is not working or on the app.

Logged On And Available

The rideshare company’s insurance may apply when a driver is available for rides and logged onto the app. These policies provide up to $50,000 in coverage for bodily injury. They also offer up to $100,000 for injury liability per accident caused by their driver and up to $25,000 for property damage. These limits do not cover driver injuries or vehicle damage.

Driving To The Passenger

When the driver accepts a ride and is en route to pick up a passenger, Uber has liability insurance coverage. The limit is $1 million.

Driving With Passenger

The driver is fully working when they have picked up a passenger and are taking them to their destination. The coverage begins when the passenger enters the vehicle and ends when they are dropped off. Liability coverage and bodily injury coverage may go up to $1 million. The rideshare insurer may also cover the driver’s vehicle damage. One caveat for drivers is that they must have collision or comprehensive coverage. Rideshare companies also provide uninsured motorist coverage during this phase of the rideshare process.

Examples Of Potential Problems You May Encounter

There are various examples of rideshare versus bicycle accidents. Each of these previous examples also had some problems when seeking compensation. Staying aware of these potential problems could help with your case.

In the aforementioned rideshare accident in Portland, Oregon, the cyclists first filed a claim with the driver and rideshare insurance companies. The driver’s insurer denied the claim because the driver was logged into the app. They were also en route to pick up a passenger when the cyclist was doored. Months after obtaining this denial, Uber’s insurer was responsible for paying. Uber initially told the cyclist the incident might be covered. However, compensation amounts were a contentious topic.

In a Boston incident, an Uber passenger doored a passing cyclist. The passenger did not own the car and, therefore, did not have a corresponding insurance policy. The passenger believed Uber’s policy would cover him. Uber disagreed. It denied the claim, stating, “Opening a door into a bicyclist does not constitute ‘use’ of a covered auto.”

You might think there is a straightforward answer to who may be asked to pay for your losses. Unfortunately, there is rarely a simple answer to this question. Liability and negligence can be a minefield. Sometimes, the rideshare company will impose requirements, like having you file a claim with the driver’s insurance first. Uber also classifies its drivers as independent contractors rather than employees. This distinction means it cannot usually be held liable if one of its drivers causes an accident. Arash Law’s dedicated accident attorneys can help clarify these issues and explain how they may impact your ability to pursue the claims process.

What To Do If Injured By A Rideshare Driver Or Passenger

When you are in a collision, don’t assume that the vehicle involved is a “private vehicle.” Rideshares are not as evident as taxis. You could check for Uber, Lyft, or other rideshare stickers on the vehicle, which can indicate whether the individual is a regular driver. Doing so may help you understand what your next options might be.

Wait for the police to arrive at the scene. They will file an official accident report detailing the incident. Sometimes, injuries appear later; the report can be considered evidence in this case. When both parties leave the scene without an incident report, it may be more challenging to support your claim later on. Once you leave, for example, you may find it harder to identify the Uber driver or passenger. When police respond to the scene, they have an unbiased view of what occurred. They also have the authority to demand information from drivers, passengers, and other relevant parties.

When dealing with the insurance process, you may wish to refrain from negotiating with the driver or passenger without an accident lawyer. However, you can engage with the driver or passenger to get information. You will need identifying information such as their name, contact information, insurance coverage, and vehicle ownership.

Getting information from the driver, passenger, and witnesses is essential. However, ask a bystander to accomplish this task if you cannot. Additionally, the scene should be investigated for evidence. This information can help determine who is at fault. Some evidence that police can look for includes skid mark measurements, accident scene pictures, and witness statements, as well as measuring and diagramming the scene.

A rideshare passenger can be an invaluable witness. Signage indicating the vehicle is a rideshare can mean the passenger does not know the driver. However, they might not have been paying attention to the driver’s actions since they are passengers. If they don’t pay attention, their statement could unintentionally hurt your claim. They might say something like, “I didn’t even see where the bike came from.”

It may be polite or intuitive to say that you are “OK” to the police, driver, or passengers. This statement could similarly be harmful to your claim. You might be injured and not realize it yet. When you tell the police or insurance company that you are “OK,” they will note that in your file or report. Once it is noted, it is challenging to argue. As such, you may wish to avoid making any statements about your condition. Arash Law’s attorneys for bike accidents can work with your doctor to document your condition.

When police create accident reports, they could serve as supporting evidence for your claim. The report will also include witness statements. If police suspect wrongdoing, they may also issue tickets to the driver. If a ticket is issued, that could also help build your case.

The accident report should also include a cyclist’s statement. Unfortunately, that does not always happen. If possible, make a statement to the police afterward.

Seek Immediate Medical Attention

Following an accident, you should not assume you know anything about your injuries. You might not feel anything in the minutes and hours following a collision. Adrenaline can often get in the way of your body responding to the trauma of the crash. Instead, the first thing you should do is seek medical attention.

Seeking prompt medical attention means you can identify a serious condition. Waiting can hurt your chances of finding an underlying or severe injury. Conversely, if you do not have a serious injury, you can get a clean bill of health and know where you stand after a collision. An example of waiting to get medical attention leading to a worse outcome involves rock musician Stiv Bators. After being struck by a taxi in Paris, Bators went to the hospital. Unfortunately, he waited so long at the hospital that eventually, Bators went home without being seen. He died that night from a traumatic brain injury received in the accident.

Medical attention is vital for reasons other than your health. It can also help with your insurance claim. You will likely be dealing with the driver’s insurance company. They will want to review your medical files when evaluating your claim. When you get treatment at the scene or immediately afterward, a paper trail links your injuries to rideshare and bicycle crashes.

Arash Law can also review these medical files, working with outside experts to assess the severity of your injuries and how they affect your life. When negotiating with the insurance company, we will also show how these injuries connect to your collision. To support these tasks, consider taking pictures of your injuries from all angles. You may also want to start a pain or injury journal. Write all of your physical symptoms beginning after the accident. You can make entries daily or every other day.

Consult With A Personal Injury Attorney Before Talking To The Insurance Company

It may be wise not to communicate with the other party after a rideshare accident. Instead, consider talking to a bicycle accident attorney from Arash Law for guidance first.

If you communicate with other parties directly, you may accidentally say something that hurts your claim. For example, a simple apology could be mistaken for you admitting fault for the accident. You can circumvent these actions by having a rideshare accident lawyer handle all third-party communications.

Choosing an attorney is also essential. While many personal injury attorneys can handle bicycle accidents, you may wish to work with one who has specifically handled claims for injured cyclists or involving Uber in the past.

Consider looking for a personal injury attorney with the following knowledge and experience:

• Bicycle traffic laws.
• Bicycle skills and techniques.
• Handling bicycle cases at trial.
• Negotiating with insurance companies.
• Handling rideshare accident cases.
• Managing prejudice against cyclists.
• Working with bicycle accident reconstruction experts.
• The functionality of the bicycle components.
• Braking and cornering that involve accidents.
• Calculating estimates for replacing your bicycle.
• Establishing lost riding time.
• Estimating the value of permanently diminished riding ability.
• Uber and Lyft insurance policies.

You can try to reduce your odds of a crash by riding with situational awareness. Check your bike before you ride and practice emergency maneuvers. You might already know to look for commercial vehicles and taxis and identify when they may be driving recklessly.

It can help to learn how to do the same when observing rideshare vehicles. A number of driver errors could potentially lead to a crash. For example, Uber drivers unfamiliar with the road may be paying more attention to their app than the road. The drivers might not be familiar with cyclists or bike lanes. A rideshare driver might suddenly turn into the bike lane to pick up or drop off a passenger. To avoid a crash, you can watch out for the possibility that a driver may be getting ready to pull over.

However, while you can take steps to try to anticipate a crash, you are not responsible for preventing it. Cyclists are not legally accountable for anticipating illegal or unsafe behavior from a driver. You cannot be liable when another driver is careless. Drivers cannot blame you for failing to protect yourself from their irresponsible actions.

Another consideration is ensuring that you have insurance coverage that may cover your losses after a rideshare accident. Your Personal Injury Protection (PIP) and “uninsured motorist” or “underinsured motorist” (UM/UIM) coverage may help when you are injured in a car accident. Your health insurance and other policies could also help with your claim.

Your Compensation Options In A California Bicycle Accident

In California, you have certain rights when you are a cyclist struck by a negligent Uber or Lyft driver. However, you have limited time to take legal action. California has limitations on personal injury claims. The statute of limitations for these cases is typically two years from the accident date. Arash Law is familiar with these and other deadlines that may apply to your claim. We can explain them and may help you meet these deadlines.

You may want to file a claim with the relevant insurance company when you are hurt. When Uber or Lyft drivers are operating a vehicle negligently, you can speak to an experienced California bicycle accident attorney. If you have a case, we can begin the claims process and seek compensation for your losses.

Some types of payment you can pursue compensation for include:

• Lost income.
• Medical expenses.
• Emotional trauma.
• Prescriptions.
• Pain and suffering, bicycle repairs, or a replacement.

Your case may also qualify for punitive damages if the driver was grossly negligent. Our bicycle accident lawyers can guide you on the damages you can request and how much your case may be worth.

Rideshare services are convenient and available statewide. Many people use their vehicles daily. However, the service requires the driver and passenger to be on the app. Distractions can thus be a significant contributing factor in Uber and Lyft crashes.

Here are some common causes of rideshare accidents:

• Texting
• Accepting and ending rides
• Speeding to a destination
• Changing the GPS to find the quickest route

A driver can become distracted for many other reasons not listed here. Many actions can cause a driver to drive carelessly. A legal team can help support your case when negotiating with an insurance company. A bicycle accident lawyer at our firm can help advocate for your rights.

Types Of Injuries In Bicycle And Uber Accidents

Injuries are common in collisions. You must seek immediate medical attention to determine if you have injuries and their severity. Some of the most common injuries cyclists suffer in accidents with Uber or Lyft vehicles include:

• Broken bones
• Paralysis
• Head or brain injury
• Neck or back pain
• Facial trauma
• Death

You should get medical attention even if you believe your injuries are minor. Allow medical professionals to assess the extent of your injuries. All of this information is essential for both safeguarding your health and supporting your claim. Arash Law offers a free case review to help you understand your legal options and rights.

What Makes Rideshare Cases Special?

Being in an accident with a rideshare like Uber or Lyft can potentially complicate your case. The most considerable complexity is often the status of the driver. They are not considered employees. Instead, these companies identify them as independent contractors. This classification means that holding the company liable for driver actions can only be done in specific scenarios. This may make it harder to identify who may be at fault for your injuries, so you can pursue compensation from them. When a company refuses to take accountability for the actions of its drivers, it can make the settlement process more tedious than it actually is.

The insurance policies that may apply to such crashes also make these cases unique. Being hit by a rideshare driver ends up being the same as being hit by a regular driver. However, it might be easier to file a claim with the driver instead of the company that allows them to operate on the app. Arash Law can help you learn more about the legal options for pursuing compensation that may be available to you.

Will Insurance Help If An Uber Or Lyft Driver Hits You?

If you’re hit by a rideshare driver, insurance may help, but it can be complicated. Uber and Lyft drivers must carry personal insurance, and the companies also provide coverage when certain conditions are met. However, not all personal policies cover accidents that happen while the driver is working. If the driver’s coverage doesn’t apply, you may need to file a claim under Uber or Lyft’s policy.

There might not be enough to cover your damages because drivers get coverage through private insurance companies, meaning they are not different from the ones you purchase for your vehicle. These personal policies are intended to cover losses if you are using a car to commute and not for professional usage, like Uber and Lyft services. Meanwhile, many private policies do not cover any commercial use incidents. That can mean that the driver has no coverage for your damages, even though they have insurance coverage.

Whether you’re able to pursue compensation from a particular policy depends on the circumstances of your accident, such as what the driver was doing at the time of the crash. Arash Law’s Uber accident attorneys know the unique factors in these cases. We are ready to advocate for you and review all relevant insurance policies.

How To Support Your Case If You Are Hit By An Uber Or Lyft Driver

After being hit by an Uber or Lyft driver, consider consulting with an experienced California bicycle accident attorney. Since Uber and Lyft are relatively new companies, pursuing claims related to them may feel like navigating uncharted territory. When you work with an attorney from Arash Law, they can help you find ways to potentially hold the driver or rideshare company liable for your accident.

You can do your part by collecting evidence for your case. At the scene, you can call the police, take pictures, and gather information. Take a picture of your clothing, bicycle, and other details of the crash scene. You can also write down your version of events while it is fresh. You should also follow all doctor recommendations and restrictions. Stay patient and focus on your healing. Let our personal injury lawyers handle the claims process. We have decades of experience helping bicycle accident victims.

Speak To A California Personal Injury Lawyer

Although ridesharing is convenient, accidents involving Uber or Lyft drivers still happen and are often caused by driver error. If you are a cyclist who was injured by an Uber or Lyft driver, you may wish to speak to a personal injury attorney who handles these cases.

Arash Law offers dedicated guidance and representation to accident victims in the Golden State. Our lawyers for car accidents, truck collisions, motorcycle crashes, workplace accident claims, and other kinds of personal injury claims can help you pursue compensation you may be entitled to. Call us at (888) 488-1391 for a free initial consultation.