Within the past decade, ride-sharing has become a widespread means of transportation that has reshaped the way people commute. Now you have the option of ordering a ride with just a few taps of the finger on a smartphone application. However, added convenience does not necessarily mean enhanced safety, and just like other vehicles, ride-sharing cars also can get into traffic crashes.
The aftermath of a car accident can be challenging to deal with, especially if you suffer physical, emotional, and financial damages. By turning to a San Jose ride-sharing accident lawyer, you can take the first step toward understanding your situation better and deciding which course of action you want to take. You deserve justice and fair compensation if another driver is responsible for your suffering and losses. Call Ben Crump Law, PLLC, today at 800-959-1444, to learn more about your rights under the law.
Liability in Ride-Sharing Accidents
If you suffered an injury after a ride-sharing collision, you might be wondering who is liable. Unlike regular drivers, ride-sharing (or transportation network company (TNC) drivers) have different insurance requirements and driving guidelines. As such, it can be unclear as to who you should file a claim or lawsuit against. The driver could be responsible, or the transportation company, or both. This is where a San Jose ride-sharing accident lawyer can help you sort out details regarding liability and insurance.
Specific guidelines apply to you, depending on whether you were a passenger, driver, or pedestrian. In California, ride-sharing companies must comply with PUC § 5433, which requires them to carry insurance coverage that will pay for damages in the event of accidents.
Ride-share drivers are required to carry at least $200,000 in insurance coverage when they are on-duty without passengers, and $1,000,000 as soon as they accept a booking.
For a free legal consultation with a ridesharing accidents lawyer serving San Jose, call 800-959-1444
Traditional Fault System in California
In San Jose and throughout California, the tort liability system allows injured parties to file lawsuits directly against those responsible for the accident. As a result, drivers should have liability insurance to cover any liability that may arise. Crashes involving ride-sharing vehicles are no different from other collisions in that the at-fault party will be the one who pays for the damages.
When it comes to evaluating accident lawsuits, California courts follow the theory of pure comparative negligence. An injured person may still be able to recover damages, even if they are partly to blame for the accident.
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Proving Liability in a Ride-Sharing Crash
Before you can pursue compensatory damages, you need to establish the liability of the at-fault party. Most of the time, car accidents happen because of negligence or the result of a driver’s failure to act with reasonable care in ensuring the safety of other people on the road.
Once you demonstrate that a TNC driver breached this duty of care, you must show that this led to the accident and your injury. Any negligent party is liable for the injured party’s losses that may include economic and noneconomic damages. Some examples of damages that you can pursue are loss of income, property damage, medical expenses, and emotional distress.
Although laws protect car accident victims, filing a claim or lawsuit can be confusing and overwhelming for some. Moreover, it can be challenging to prove liability. Consider working with a San Jose ride-sharing accident lawyer to ease some of the pressure of handling your case alone and ensuring that you comply with legal requirements without delay.
Recovering Damages in a Ride-Sharing Accident
If you are qualified to claim financial awards, you are advised to be aware that the amount of your financial recovery depends on what you were doing and the status of the ride-share driver at the time of your accident. You would likely be filing a claim with the insurance policy of the ride-sharing service if you suffered injuries as a passenger.
Coverage can be up to $1,000,000 for property damage, bodily injury, and death stemming from negligence. If you were not a passenger and a ride-share driver hit you while active and looking for a ride request, the TNC’s insurance policy covers $50,000 for injury per person, $100,000 per incident, and $30,000 for property damage.
Generally, a ride-share driver’s personal insurance policy would cover the accident if the individual were inactive at that time. Filing a claim with the policy of the driver is what you might do in this case. Major ride-sharing companies ask drivers to show proof of insurance before working with them, so uninsured drivers are not something you particularly have to worry about.
Still, filing an insurance claim might be a lot for someone who is healing from an accident. A San Jose ride-sharing accident lawyer can investigate the details of your case and assist you in filing your insurance claim. Contact Ben Crump Law, PLLC, to discuss your legal concerns and explore options available to you.
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Protect Your Rights After an Accident
Even if you have the right to pursue legal action after a negligent ride-share driver hits you, it is still vital to know how personal injury cases work. Although you do not have to retain an attorney, working with one can ensure you are informed of your rights and receive guidance with filing and submitting documents.
A San Jose ride-sharing accident lawyer will also be up to date about the laws and how they could impact your case. If you decide to file a lawsuit, your attorney will make sure you submit it by the statute of limitations deadline set by CCP § 335.1, which is two years in California. If you miss this deadline, you could lose your right to seek compensation.
We Are Committed to Helping You
Ride-share accidents can be more stressful than other vehicle collisions because of the unique process of filing a claim. The sooner you speak to a team member at Ben Crump Law, PLLC, the sooner we can start to work on your case. Get in touch with our office today at 800-959-1444 to hear more about our services and schedule a free consultation.