San Jose Lyft Accident Lawyers
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Our San Jose Lyft Accident LawyerS Are Always Here To Make It Right, When You’ve Been Wronged
Lyft has been a game-changer in the ridesharing industry. It brands itself as a more affordable, friendlier, and more convenient alternative to taxis and its other competitors. While they offer so much value to their customers, Lyft rides can also pose accident risks, especially with negligent drivers involved. If you or your loved one is injured in a Lyft accident, you can trust our San Jose Lyft accident lawyers to handle your claim for compensation. Call us at (888) 488-1391 for a free case evaluation.
San Jose, known as the capital of Silicon Valley, is home to some of the world’s top businesses and tourist destinations. The fun will never end as you visit some of its exciting attractions, such as the Winchester Mystery House, Semaphore’s Giant Puzzle, and the San Jose McEnery Convention Center. Whether you are traveling with your family or friends, you can definitely enjoy strolling around the city while making your travels a little more comfortable using Lyft.
However, reckless drivers make passengers vulnerable to Lyft accidents. Other motorists who share the road with them also face the risk of collision, resulting in injuries, property damages, or even wrongful death. In unfortunate situations, our San Jose law firm ensures our lines are always open to assist victims and fight for their rights.
What initially seemed like a routine rear-end collision, commonly known as a “fender bender,” turned into a significant settlement with high maximum limits for a client who suffered lower back disc injuries. The case was resolved just two weeks before the scheduled trial commencement.– BRIAN BEECHER, ESQ.
How Our Lyft Accident Attorneys In San Jose Can Help Win Your Claim
Our experienced Lyft accident attorneys in San Jose will work in your best interests and fight for you to get you the highest possible compensation. Here’s what you can expect from our reliable legal team:
- Determine Who Is At Fault – If you are still recovering from the injuries you sustained, it is challenging for you to determine who is responsible for paying for your damages. Our lawyers will investigate your accident, determine the negligent party, secure documents, and create a strong case to increase the chances of getting you fairly compensated.
- Gather Evidence Quickly – The more evidence you have, the higher your chances of recovering maximum compensation. Our San Jose lawyers will conduct thorough research into the Lyft accident and help you acquire as much proof as possible. We’ll ensure all important evidence, like surveillance footage or license plate numbers, is collected before it’s lost.
- Negotiate With Insurance Companies – Insurance adjusters will try to deny claims or offer low settlements. To protect you from these tactics, you need to have aggressive legal representation to fight for your rights and negotiate a fair settlement.
- Represent You In Court – If the liable party refuses to pay fair compensation, we will not hesitate to bring your case to the jury or judge. Our litigation attorneys, specializing in Lyft accidents in San Jose, are highly skilled at representing our clients in court. We will not stop fighting for your compensation until you receive the amount you deserve for your recovery.
Don’t hold back. Let Arash Law, headed by Arash Khorsandi, Esq., assist you in winning your case and seeking the justice you deserve.
Common Causes Of Lyft Accidents
Most Lyft accidents happen in the same ways that other car accidents do, such as:
Using Phones While Driving
Lyft drivers are susceptible to accidents caused by cell phone-related distractions. They usually take their eyes away from the road to navigate their app and search for pick-up and drop-off locations while driving.
Drowsy Driving
Lyft drivers are required to take a minimum of six-hour breaks for every 12 hours they are in driver mode. However, some drivers also work for another rideshare company and switch between apps, causing them to grow tired while driving. A drowsy or exhausted Lyft driver could potentially fall asleep or react slowly to road hazards, increasing the risk of serious collisions.
Driving Under The Influence
Driving while intoxicated is not only illegal but also dangerous for the driver, passengers, and other motorists. Drivers under the influence of alcohol or even drugs have slower reaction times and cannot properly estimate time and distance. As a result, they might hit a pedestrian walking on the road or cause devastating traffic collisions.
Speeding
Since San Jose often experiences heavy traffic along highways and busy streets, most drivers resort to speeding in order to pass through congested areas as soon as possible.
Some Lyft drivers may also overspeed to reach destinations faster and get more bookings. However, this reckless behavior only escalates the risk of collisions and damages, injuring innocent victims on the road.
Tailgating
Some motorists follow the vehicle in front of them too closely without giving a safe distance. This usually happens when there is heavy traffic within the area. When drivers continue to tailgate, they could cause rear-end collisions, especially when the vehicle in front of them makes an erratic maneuver or stops quickly.
Improperly Maintaining A Vehicle
Some accidents could be the result of faulty car parts due to poor maintenance. It makes drivers vulnerable to encountering issues with the brakes, tires, or steering wheel on the road, which could lead to fatal car accidents.
This is also a prevailing issue among Lyft drivers. As a rule, they must have a vehicle that is 2008 or newer. Before they can drive for Lyft, they must pass a vehicle inspection by a qualified mechanic. After the inspection, however, they might fail to maintain their vehicles to the company’s standards.
You might have a legal case if any of these factors contributed to your injuries from the accident. Consult with our Lyft accident attorneys in San Jose to discuss your legal options.
Common Injuries Sustained In Lyft Accidents
Passengers and other motorists might sustain various types of bodily injuries in Lyft accidents, ranging from minor to severe. Most of the time, victims like bicyclists and pedestrians suffer from catastrophic injuries due to having less protection from the impact of a collision.
Here are the common injuries sustained in Lyft accidents:
- Concussions & other traumatic brain injuries
- Whiplash
- Burns
- Bruises
- Broken bones
- Internal injuries
- Scrapes or cuts
- Back injuries
- Spinal cord injuries
- Slipped/herniated discs
- Soft tissue injuries
- Mental health issues
- Wrongful deaths
If you sustained any of the injuries above, contact our San Jose lawyers, who consistently win Lyft accident cases. Our legal team can assess your case to see if you’re eligible to get compensation for the medical bills and other losses you incurred.
How Does Lyft Operate?
Transportation Network Companies (TNC) offer a convenient and flexible transportation option for passengers while also providing an additional source of income for drivers. Lyft and other TNCs utilize mobile applications that function as a platform to connect passengers seeking rides with drivers who can provide them for a fee. In general, they’re responsible for:
- Maintaining the app
- Ensuring the safety of the drivers and passengers
- Managing and calculating the fares
While Lyft is in charge of screening driver applications, it doesn’t hire them directly. This process allows individuals to use the app to offer ridesharing services.
Because of this business model, our San Jose attorneys handle Lyft accidents differently than other traffic collisions.
What Makes An Accident With A Lyft Driver Different?
Lyft drivers are considered independent contractors. They use their own vehicles, work part-time, and set their own operational schedules.
While Lyft is responsible for ensuring its drivers don’t present a danger to others on the road, the company will likely argue that its drivers are not full-time employees. This distinction means the rideshare company might not be responsible for their driver’s negligence in the same way that regular employers would. So, if they cause an accident, Lyft may attempt to avoid responsibility, leaving the negligent driver solely accountable.
In addition, Lyft only has minimal driver requirements, including a valid license, auto insurance, and a reliable vehicle. These documents are not enough to prove that the driver can secure their passengers’ safety in the event of a crash.
As liability in rideshare cases could be complex, you must consult with San Jose attorneys who specialize in Lyft accidents. We’ll deal with the legal implications surrounding the service, the company, and the accident.
Types Of Compensation Lyft Accident Victims Are Entitled To
Following a Lyft accident, victims might be eligible to receive compensation for their economic and non-economic losses. The purpose of these damages is to make them whole again and as close to their pre-accident state as possible.
Economic damages refer to the monetary value of costs that victims have accumulated due to the Lyft accident. These typically include:
- Current medical bills to treat injuries
- Lost wages from missing work
- Loss of future earnings or employment opportunities
- Future medical expenses for continued treatment and healing
- Property repairs and replacements
Compensation also comes in the form of non-economic damages, including but not limited to:
- PTSD
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
- Loss of consortium
Our experienced lawyers handling Lyft accident cases in San Jose can determine what damages you can claim after an accident as well as calculate the highest amount you’re entitled to. Fill out our “Do I Have A Case” form to learn more about your rights to compensation.
Who Is Liable For A Lyft Accident?
While most see them as the main ones to blame, Lyft drivers are not always at fault in accidents. Below are the parties that could also be liable in a motor vehicle collision involving Lyft:
- Vehicle manufacturers – Car and auto part makers have a responsibility to ensure their products are free from defects. If a defect in the vehicle causes a Lyft accident, the manufacturer or distributor could be held accountable.
- Third-party drivers – Other motorists on the road could also play a role in a Lyft accident. When other drivers violate traffic laws and cause a collision, they must cover the damages and injuries of the victim.
Depending on the facts of your case, it’s entirely possible that multiple parties could be responsible for compensating you. You need San Jose attorneys to investigate your Lyft accident and determine how each party contributed to your injuries. Call us today at (888) 488-1391, and let us evaluate your case for free.
When Is A Lyft Driver At Fault?
A Lyft driver is subject to liability for accidents they cause, just like any other motorist. They are legally required to exercise the same level of caution and diligence as a reasonable driver in similar circumstances.
The following are some examples of negligent driving for which a Lyft driver could be held liable:
- Reckless driving
- Speeding
- Tailgating
- Failing to check blind spots
- Failing to use turn signals
- Distracted driving
- Driving under the influence (DUI)
When you file a claim against a Lyft driver for an accident, the company’s insurance provider might also be responsible for compensating you. Filing a claim could get complicated quickly, so you must contact our San Jose Lyft accident lawyers for legal advice.
Does Lyft Have Insurance Coverage For Its Drivers?
California law requires Lyft to provide drivers with insurance coverage to cover injuries and property damage. The policy’s coverage amount would vary depending on certain periods:
Period Zero
This period is when the driver’s app is off. For any accident that occurs, the driver’s personal insurance policy will apply.
Period One
This is when the driver has turned the app on and is waiting for a ride request. Lyft provides third-party liability coverage for accidents during this period, including:
- $50,000 for bodily injuries per person
- $100,000 for bodily injuries per accident
- $25,000 for property damage per accident
Periods Two & Three
Lyft provides additional coverage when the driver gets into an accident after accepting the ride request or picking up the passenger. This coverage includes:
- $1 million of coverage per accident
- First-party coverage, including uninsured and underinsured motorist coverage
Our Lyft accident attorneys in San Jose can conduct a comprehensive investigation of your case, determine the ride stage, and assist you in filing an insurance claim.
Am I Eligible To File An Insurance Claim After A Lyft Accident?
You can file an insurance claim against the party responsible for your injuries following a Lyft accident. Our skilled San Jose Lyft accident lawyers can help you pursue compensation if you are:
- An occupant of another car, a pedestrian, or another motorist hit by a Lyft driver – In most cases, Lyft’s liability insurance should cover your damages. However, exceptions may apply if the driver was using the car for personal purposes.
- An injured Lyft passenger, regardless of whether their driver was at fault – Lyft’s UM/UIM policy if the individual or company that caused the accident doesn’t have enough insurance.
As long as you sustained an injury in an accident involving Lyft, you might be eligible to file a claim. However, you would need to identify all the parties responsible for compensating you and which insurance policies apply. Reach out to our San Jose lawyers specializing in Lyft accidents, and we’ll help you process your claim against the right parties.
Who Is Responsible To Pay For My Damages From A Lyft Accident?
In California, the “at-fault system” applies to car accidents. This means the person or company that caused the accident is liable for damages, including medical expenses and property damage.
If a Lyft driver is at fault, their insurance applies based on their activity at the time of the accident. If they are driving for personal reasons, their personal or commercial car insurance might be able to cover it. However, if they were driving for Lyft, the rideshare company’s third-party liability insurance coverage would take effect.
The scenarios can be difficult for victims to handle alone. You might need to deal with multiple insurance companies, potentially leading to confusion and unfair settlement offers. Additionally, other parties and their insurers could be involved if they share fault.
To prove the other party’s fault and secure compensation, evidence like witness statements, photos of the accident scene, and medical records is crucial. Failing to establish fault could leave you without compensation.
This is why getting legal representation right away is important for victims. Our San Jose Lyft accident lawyers will determine the at-fault parties and ensure you receive fair compensation for your damages.
What Is The Deadline For Filing A Lyft Accident Claim?
The statute of limitations for filing a personal injury claim in California is generally two years from the date of the accident or from the time you discover your injuries.
If you miss the deadline, you might not be able to file a claim and get compensation. However, there are some instances subject to exceptions.
- The plaintiff is a minor (under 18 years of age). The deadline for their personal injury case can be delayed until they reach the age of 18.
- The plaintiff was mentally incapacitated at the time of the accident and injury. The statute of limitations only starts once they’re mentally competent again.
- The plaintiff died within six months before the statute of limitations expired. Surviving family members may file a civil action up to six months after the victim’s date of death.
If you need help filing an injury claim, do not hesitate to call our legal team. Our personal injury lawyers specializing in Lyft accidents in San Jose can help you avoid missing deadlines and ensure you can file a claim on time.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– ARASH KHORSANDI, ESQ.
What To Do After A Lyft Accident
When a Lyft accident occurs, you need to stay calm, wait for the authorities to arrive, and prioritize your well-being. Here are a few steps to take to minimize harm and maximize your chances of receiving a fair settlement:
- Assess yourself for any injuries. Check to see if anyone else needs medical help, and make sure to call 911.
- Move to a safe place away from traffic.
- Cooperate with local law enforcement. Be as accurate and truthful as possible, but avoid speculations or uncertain details.
- Take clear photos or videos of the accident scene. Include any injuries, property damage, skid marks, relevant weather and/or road conditions, traffic signs, and license plates. Capture the scene from different angles.
- Write down the driver’s license, registration, and insurance information of all the drivers who were involved in the accident. Obtain the Lyft driver’s rideshare ID number (or some other proof that they work for a rideshare company).
- If there are any witnesses, ask for their contact information as well.
- Report the accident to Lyft. For passengers, you can report it via the app. For third parties, like pedestrians or occupants of another car, complete the Report Accident form on its website.
- Visit the ER right away. Even if you feel okay, you should still see a physician to keep track of your health after the accident.
- Do not share what happened in your accident on social media. Whatever you post on online platforms can be used against you.
- Get in touch with our San Jose Lyft accident lawyers. We can determine whether you have a valid personal injury case. Furthermore, we can assist you in navigating the claim process, securing the accident report, and negotiating with insurance companies.
Is It Safe To Use Lyft?
Lyft’s Community Safety Report claims that over 99% of rides happen without a safety incident being reported. The company states that motor vehicle accidents account for only 0.000006% of completed rides throughout the U.S.
These figures seem too good to be true, especially considering the increasing number of car accident cases. There’s a concern that Lyft might be minimizing the disclosure of accident reports to protect its reputation and avoid liability.
Lyft hasn’t released recent accident statistics for California and other parts of the US. The company appears secretive about the number of accidents, fatalities, and assaults involving its users. According to reports, Lyft submits inconsistent and incomplete data in their mandatory annual reports to the California Public Utilities Commission.
There are also reports of lawsuits claiming that Lyft has failed to protect its drivers and riders from physical and sexual assault. This is contrary to what Lyft has promised its users in terms of providing safe and comfortable rides. The shared stories of victims only prove that Lyft is only concerned with its profit margins and not the security of its users.
FAQs About Lyft Accident Cases
How Much Does It Cost To Hire Lawyers?
San Jose Lyft accident lawyers typically work on a contingency fee basis. They don’t charge upfront fees, allowing victims to pursue compensation without financial barriers. They would only get paid if they won the case for their clients.
Is Lyft Responsible For Accidents Involving Their Drivers?
Lyft is not usually liable if their drivers directly caused the accident. In the event that the Lyft driver violated traffic rules and was proven negligent during the accident, the driver alone might be held liable. Lyft drivers are considered independent contractors, which means there is no employer-employee relationship between the rideshare company and its operators.
Should I Accept The First Settlement Offer From Insurance Companies?
Never accept an offer from insurance companies without speaking to a lawyer first. Insurers might look approachable at first, but they are not trustworthy. These insurance companies will act as your friends to get relevant information and then use it to deny your claim and reduce the amount of your compensation.
Make sure you get the full amount you’re entitled to by hiring our San Jose Lyft accident attorneys. We will deal with the insurance companies so you don’t have to.
Can I File A Claim For Compensation If I Was Injured In A Lyft Accident?
If you suffered injuries after a Lyft accident, you can file a claim for compensation for medical expenses, lost wages, pain and suffering, and other damages. A skilled Lyft accident lawyer in San Jose can help you navigate complex legal procedures, negotiate with insurance companies, and protect your rights to compensation after the accident.
Should I File My Lyft Accident Claim With A Lawyer?
The best thing to do when processing a claim is to hire the best Lyft accident attorneys in San Jose. Instead of directly filing your claim through the Lyft app, you can have our lawyers process your claim instead. With the help of our legal team, you can maximize your time for healing and recovery.
Does Lyft Conduct Background Checks On Its Drivers?
To ensure the safe transportation of passengers, Lyft mandates background checks for its drivers. Should an accident occur involving a negligent Lyft driver with a history of DUI or violent felonies, Lyft’s driver screening process and qualifications would be subject to scrutiny and potential legal challenges. Inadequate driver screening could expose the company to liability lawsuits.
Contact The Most Trusted Lyft Accident Lawyers San Jose Has To Offer!
Arash Law will stand by you every step of the way, advocating for your rights to compensation. Our Lyft accident lawyers will handle your case and negotiate with insurance companies to the best of our abilities. We have a proven track record of our commitment to pursuing justice and compensation for the injured and have won over $750 Million in settlements and awards.
Reach out to our San Jose Lyft accident lawyers at (888) 488-1391 or contact us online for a free initial consultation today. We also provide legal services in nearby areas, such as Santa Clara, Campbell, Los Gatos, Cupertino, Saratoga, Sunnyvale, Milpitas, Mountain View, Palo Alto, and Stanford.
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