Carlsbad Rideshare Accident Lawyer

Carlsbad Rideshare Accident Attorney

Various rideshare apps, such as Uber and Lyft, have certainly revolutionized transportation around the world since their inception. With these apps, you can call a stranger to take you anywhere you want to go, within reason. Regrettably, with the arrival of a new method of transportation comes a whole new set of problems. Accidents still happen all the time, but determining fault when rideshare companies are involved can be difficult. This is why a Carlsbad rideshare accident lawyer can be beneficial when seeking compensation.

Protecting Your Claim After a Rideshare Accident

There is no denying the influence that rideshare apps have had on the modern transportation industry. Some people use them exclusively for work, travel, or just getting around. Frequent use of rideshare apps can equate to an increased chance that you will be involved in an accident. Make no mistake. Being involved in a rideshare accident can be just as traumatic and terrifying as any other sort of vehicular accident, only you may find yourself with much less control over the situation and in need of a Carlsbad personal injury lawyer.

In the event of an accident, it is important that your driver doesn’t try to flee the scene, as that could make the situation considerably worse. Under California state law, it is illegal for any driver involved in a vehicular accident to leave the scene of an accident, especially if that accident has resulted in significant property damage or substantial injury.

Additionally, if you do wish to pursue compensatory damages against whoever caused the accident, whether it was your rideshare driver, the rideshare company, or another driver, the statute of limitations for a personal injury case in California is two years. That means you will have two years from the date of your initial accident to start pursuing a case for compensation. You’ll have that time to start building a case, gather the evidence you need, speak with a lawyer, and ultimately file a claim.

If you are unable to file a claim for compensatory damages within two years, it is likely that your claim will be dismissed, and your opportunity to pursue damages in a court of law will pass by. Building a personal injury claim can take more time than you might think, so it is vital that you start building your case as soon as you possibly can. You may want to consider bringing the evidence you already have to a lawyer, who can then take on the case while you rest and heal.

What to Do After a Rideshare Accident

If you ever find yourself in a rideshare-related accident, it is vital to your future accident claim that you take certain steps to protect yourself. These steps can bolster a potential claim if you wish to pursue legal action against the responsible party at some point. It can also help you start to heal from the incident by holding the responsible party accountable for their actions in a court of law. Here are some important steps you can take to preserve your claim:

• Stay Calm: Being involved in a car accident, even if you are the passenger in a rideshare vehicle, can be a terrifying ordeal. Your first instinct may be to panic, but it is very important that you don’t. Panicking helps nobody and could actually make your situation worse. Whatever you do, try your hardest to keep a level head. Take a few deep breaths, assess your situation, and react accordingly.
• Check for Injuries: Once you have calmed yourself, you should start checking yourself for any injuries you may have sustained from the accident. If you had any other passengers in the car, you should check them for injuries too. Look out for any bloody wet spots, protrusions, bruising, sprains, or broken bones. If you are in pain but cannot find any injuries, be sure to let the EMTs know when they arrive.
• Call 911: As soon as you are physically able, you should call 911 or make sure that the rideshare driver has called 911. Having police and EMTs on the scene can provide you with some peace and reassurance, or they can at least ease the tension. When the police arrive, they will write up a report of the accident, which you can use later for your claim. Make sure you are checked out by the EMTs.
• Speak to the Police: The police will want to interview everyone involved in the accident, even though you were only a passenger. You should be totally honest with the police and leave nothing out. Still, be sure not to admit fault if, somehow, you contributed to the accident. Admitting fault can severely damage your claim. Even apologizing in some way could be seen as admitting fault.
• Document the Scene: Once you have finished talking to the police and been looked over by the EMTs, you can start gathering evidence by documenting the scene for your own records. Be sure to take plenty of photos of your injuries, the damage to the rideshare car, the damage to other vehicles, the road conditions, and any posted signs. Be sure to get the contact information of any witnesses who may be willing to help you.
• Get the Driver’s Contact Information: If the police do not come to the scene or they fail to gather this information, you should get the rideshare driver’s contact information as well as their insurance information. This may be useful later when the time comes to file a claim.
• Report the Accident: It is unwise to assume that the rideshare driver is going to report the accident to their employer. Some rideshare apps may see an accident as a liability and drop the driver from their service. The driver may be unwilling to risk their job and could try to keep this quiet. That’s why you should always report the accident yourself. There should be a place in the app to report any issues.
• Screenshot the App: To preserve evidence of your ride, you should take a screenshot of your ride in the app that you used. If it gets deleted for whatever reason, you will still have evidence that the ride took place.
• See a Doctor: Even if you were checked out by EMTs at the accident scene, you should still consider seeing a doctor, just to be safe. You may be dealing with some internal injuries that the EMTs failed to see. You may also still be in shock from the accident and unable to feel the injury in its entirety. Most importantly, you want to establish a connection between the accident and your health by getting a medical record.
• Follow a Treatment Plan: Depending on your injuries, your doctor may put you on a specific treatment plan involving rest, medication, exercise, and anything else you need to properly heal. It is vital to your claim that you follow this treatment plan rigorously. If you do not, and the insurance company finds out, they could use it as evidence that your injury is “clearly” not a big deal or possibly even fake.
• Contact a Lawyer: Once you have been checked out by a doctor and reported the accident to the rideshare company, you should reach out to a rideshare accident lawyer. They can help you decide your next steps in pursuing a claim. If you have been contacted by a representative from the rideshare company or their insurance, you should refer them to your lawyer.

Traits of a Good Personal Injury Attorney

It is no secret that people tend to hire personal injury lawyers when things may not be going as well for them as they want. They’re likely dealing with a terrible injury or serious legal strife, and a personal injury lawyer is supposed to help them deal with that strife and work toward a resolution for it. When you hire a personal injury lawyer, you want someone you can connect with on a personal level and invest a great deal of trust in. Here are some important traits you can look for in a personal injury lawyer:

• Experience: Above all, you want to hire a lawyer with a great deal of experience. It’s arguably the most important quality that a lawyer can bring to your case. If at all possible, you should seek out a lawyer with a significant history of handling cases similar to yours, and they should have a substantial record of success with those cases. If your lawyer has experience with cases like yours, they can apply past strategies to your situation.
• Compassion: A good lawyer can recognize when their client simply needs a break from the recent turmoil they have had to deal with. A little compassion can go a long way, and you may be inclined to hire a lawyer who is more empathetic with your situation and offers you a chance to vent your frustrations. A good lawyer understands their clients’ need for guidance, support, and empathy.
• Communication: Lawyers in every practice of law have to be effective communicators. Communication is most of what a lawyer does, such as explaining certain legal situations to their client and translating the case to help a judge or jury better understand their position. You will want to hire a lawyer who is an effective communicator and won’t hold back any vital details that you need to be aware of.

FAQs

Q: What Is the Rideshare Law in California?

A: The rideshare law in California ensures that every driver who is hired by a rideshare app meets certain criteria, such as passing a background check, having a safe vehicle, and carrying insurance coverage for multiple different phases of a rideshare driver’s activity. More so, all rideshare services operating in California have to carry a significant amount in liability insurance to protect them in the event of an accident.

Q: What Is the Law in California for Car Accidents?

A: The law in California for car accidents follows a strict “at-fault” system, so the driver who is found to be responsible for causing the car accident is also responsible for reimbursing the other driver for any damages. California is also a comparative fault state. Therefore, even if a driver is found to be only partially to blame for an accident, they can still be held liable for damages to a degree.

Q: How Does Uber Detect an Accident?

A: Uber has multiple sensors in the app that can detect if a vehicle using their app is going off course or in the midst of a crash. The app can identify subtle changes in speed, direction, and impact that could indicate an accident has taken place. Uber also uses GPS tracking to help the authorities pinpoint your exact location so it can be easier to find you quickly. Their system is constructed to respond rapidly to accidents.

Q: Does California Require Rideshare Insurance?

A: Yes, California requires every rideshare driver to carry a certain amount in rideshare insurance, regardless of which rideshare app they are hired by. Rideshare apps like Uber and Lyft do offer their drivers a commercial insurance rideshare policy. However, some drivers find that those policies have substantial coverage limits that vary depending on how often you intend to use your vehicle for work. If you are a rideshare driver seeking coverage, you may want to look outside your company.

Reach Out to a Rideshare Accident Lawyer Today

Being in a car accident can be scary, confusing, and overwhelming. It can be even worse when you are a passenger and have no way to control the outcome of the accident. A loss of control can be hard to cope with. A rideshare accident attorney can help you make sense of this whole situation and provide you with a plan for compensation, should you wish to pursue legal action.

The legal team at Perry Personal Injury Lawyers can develop your case, gather the evidence you need and make sure you are not taken advantage of by any insurance companies seeking to guilt or intimidate you. Contact us to schedule a consultation with a valued team member today.