Ridesharing has been a popular way of getting around for a long time. There are newer companies that are becoming synonymous with the ridesharing industry, but there have been ridesharing services available for more than 100 years. Many urban areas rely on these services to help people get to their daily lives. Unfortunately, the prevalence of ridesharing services means that there are a significant number of ridesharing accidents every year.
If you or a loved one is injured in an accident involving a ridesharing vehicle, you may be able to take legal action against the party that caused your accident. To do this, you may need the assistance of a San Diego ridesharing accident lawyer to help you manage the legal process. You can call the offices of Ben Crump Law, PLLC at (800) 598-7557 to discuss your case with our team.
Understanding Ridesharing Accident
The ridesharing companies that everyone is familiar with, including Uber and Lyft, are relatively new. However, private companies and cities have had ridesharing programs for a long time. According to the U.S. Department of Transportation (DOT), taxis, public transportation, and local transit companies all offer ridesharing services.
Ridesharing accidents can happen in a variety of ways. To qualify, a ridesharing vehicle must be involved in the accident. This means you can be riding in the ridesharing vehicle when it crashes, or your car can be hit by the ridesharing vehicle. There are many different ways that these accidents can develop.
An accident with a ridesharing vehicle can be dangerous. Many people that ride in ridesharing vehicles avoid using safety restraints like seatbelts. Some vehicles, like buses, usually do not have these types of restraints. This makes an accident more dangerous in one of these vehicles because they are inherently less safe than other types of vehicles. The result is usually severe injuries and some amount of property damage. Victims are usually taken to the emergency room for care and may end up with ongoing healthcare needs because of the damage that is done.
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Despite the long-term existence of ridesharing, the legal structure around it is proving to be more complex than many people previously thought. The laws regarding taxes and public transportation are relatively well-established. If the companies or government agencies responsible for these vehicles are somehow negligent, they can be held liable for the damages caused in an accident. There are cases where this has been upheld by the courts and is a well-established precedent.
Much of the confusion is created by the newer ridesharing companies. The way that they structure their businesses, it is difficult to see who maintains liability for accidents. Many of the drivers for these companies assert that they are employees and should be covered by the companies’ liability insurance programs and other protections. Some of the companies took the position that their employees are actually subcontractors and are wholly responsible for anything that happens with their vehicles, especially since they own those vehicles themselves. This creates a dilemma if there is an accident with a ridesharing vehicle.
A San Diego ridesharing accident lawyer can help you sort out any problems with liability. This will have to be done before filing your lawsuit because it can only be filed against a party that is liable for the damages. It is important to remember that if you are in a ridesharing accident, there is always someone that can be held liable. Whether that is the driver of the ridesharing vehicle or any other party that caused the accidents, you should be able to file a lawsuit. If you are unsure, the best thing that you can do is to contact a legal office and discuss your case. Contact our team at Ben Crump Law, PLLC for a free case review today.
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Auto Insurance Settlements
Regardless of what type of vehicle you are in during the accident, there is a strong chance that your case will be resolved with an insurance company. Nearly every type of vehicle that is a lot these public roads must be registered and have some amount of insurance coverage. Depending on this situation, whose insurance company you will be dealing with can change.
While offering a successful settlement agreement can help the insurance company, it can also be a benefit for you. If you have to file a lawsuit to resolve the issue, you could be waiting a long time to collect compensation. While you are waiting, the cost of your recovery can pile up and create financial problems. The settlement agreement can shorten the amount of time that it takes for you to collect the compensation and handle your financial issues. For some victims, it is an effective way to get their lives back on track with as little stress and time as possible. It is entirely up to you whether or not you accept a settlement agreement, and you should review it with your lawyer before making a decision.
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Statute of Limitations
Legal issues around ridesharing are still being resolved by the courts in multiple states. However, there are some statutes that already apply if you are in a ridesharing accident. The statutes of limitations that apply to car accidents are already in place and have been used to govern how civil lawsuits are handled for decades. A statute of limitations creates a legal time limit for how long you have to file your lawsuit after the accident.
You have two years from the date of the accident to file personal injury claims, according to the California Code of Civil Procedure (CCP) §335.1, and three years to file property damage claims, per CCP §338. Many victims take a long time to decide if they will take legal action. This is because they are more focused on their recovery and getting their life back on track. The longer you wait to discuss your case with a law office, the more you risk running out of time to take legal action.
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If you or a loved one were injured in a ridesharing accident, you may be able to take legal action to protect your finances. Call the offices of a San Diego ridesharing accident lawyer to discuss your case and find out what your legal options are. You can call the offices of Ben Crump Law, PLLC at (800) 598-7557 for a free consultation about your case.
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