Who is Liable in a California Rideshare Accident? What Victims Should Know

Driver error causes more than 90 percent of the vehicle collisions in the Golden State. In terms of liability, the key questions are which driver made the mistake and what entity or person is financially responsible for those damages. We’ll examine these questions in this post.

We know driver error causes more than 90 percent of the vehicle collisions in the Golden State. We also know that, between 1985 and 2010, the number of fatal car crashes in California dropped significantly. Then, the number began rising again. Uber Technology was incorporated in 2009. The two dates (2009 and 2010) are not coincidental.

When rideshare operators, or any other tortfeasors (negligent drivers) cause injury, a Los Angeles rideshare accident lawyer obtains the compensation these victims need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

First Party Liability

Before we discuss first party liability (who caused the crash), we should touch on the duty of care. In California, commercial drivers, like Uber drivers, have a higher duty of care. The higher duty of care makes it easier for a Los Angeles rideshare accident lawyer to prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Rideshare drivers normally breach their duty of care when they drive while impaired. Common rideshare impairment issues include:

• Fatigue:

  Most rideshare operators have full-time commitments elsewhere. So, when they get behind the wheel, they are dangerously fatigued. Fatigue has mental and physical effects. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for commercial drivers in California.

• Substance Use:

  To counteract the effects of fatigue, many commercial operators use legal substances, like energy drinks, or illegal substances, such as amphetamines. If a driver pops a pill to get ready for his/her shift, the drug clouds judgement abilities. Furthermore, once the drug wears off, users often crash fast and hard.

• Distraction:

  Uber mandates distracted driving. Hands-free GPS navigation devices are cognitively and visually distracting. They force drivers to take their eyes off the road and their minds off driving. Hand-help devices are even worse. They add manual distraction (taking a hand off the wheel) to the mix.

Aggressive driving is also an issue among rideshare operators. Uber and other companies pay drivers by the trip, not by the hour. To complete as many rides as possible in as little time as possible, most ridesharing operators:

• Speed,
• Turn unsafely,
• Ignore traffic control devices,
• Tailgate, and/or
• Keep driving in adverse weather.

That last bullet point illustrates the difference between the duty of utmost care (commercial drivers) and the duty of reasonable care (noncommercial drivers). Because they have a lower duty of care, most noncommercial drivers must slow down and use extra caution when weather or traffic conditions are poor. Arguably, commercial drivers cannot operate under such conditions.

Third Party Liability

In California, Uber or another ridesharing company could be legally responsible for damages under one of two legal theories.

Before we discuss these theories, we should touch on the extent of Uber’s liability in car crash cases. Other ridesharing companies, such as Lyft, have similar policies.

• If the driver was not logged into the rideshare app at the time of the crash, personal auto insurance applies. In this respect, the accident is treated like any other private car crash.
• When the driver is deadheading (logged in but hasn’t accepted a ride), Uber limits crash coverage to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage.
• If the driver has accepted a trip or is transporting a passenger, both Uber and Lyft provide up to $1 million in liability coverage. This higher policy typically applies to injuries suffered by passengers, other drivers, pedestrians, and bicyclists.

Negligent hiring is one third party liability theory. All companies, including Uber, have a duty to hire fully qualified employees. A person with a valid drivers’ license is not necessarily a qualified ridesharing operator.

On a related note, Uber also has a duty to properly supervise and discipline employees. The company cannot let operators freelance. Additionally, if someone lodges a complaint against a driver, the company must thoroughly, efficiently, and transparently investigate that complaint.

Respondeat superior is another possible third-party liability theory. Employers are financially responsible for any damages their employees negligently cause during the course and scope of their employment.

Rideshare operators are employees for negligence purposes, even if they’re independent contractors for other purposes. Furthermore, all three of the aforementioned driver duties fall within the course and scope of employment.

Usually, the company is liable for rideshare accidents in California. For a free consultation with an experienced pedestrian injury lawyer in California, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.