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Pedestrian and cyclist accidents involving rideshare vehicles present unique challenges for victims seeking compensation. With rideshare companies like Uber and Lyft growing in popularity, the number of pedestrian and cyclist accidents involving these vehicles has unfortunately risen. Whether you were walking across the street or cycling in a designated lane, being struck by a rideshare vehicle can result in serious injuries, and navigating the complexities of insurance claims and liability can be overwhelming.
At Countrywide Trial Lawyers, we understand the intricacies of rideshare accident law and are dedicated to helping pedestrians and cyclists who have been injured in these collisions. Our experienced legal team is committed to fighting for your rights, ensuring that you receive the compensation you deserve for medical expenses, lost wages, pain and suffering, and more.
If you've been involved in a pedestrian or cyclist accident with a rideshare vehicle, don't face the legal battle alone, reach out to Countrywide Trial Lawyers today for a free case review.
Legal Rights of Pedestrians and Cyclists Injured by Rideshare Vehicles
Pedestrians and cyclists are among the most vulnerable road users, and when they are injured by a rideshare vehicle, they often face significant physical, emotional, and financial challenges. If you’ve been injured in an accident involving a rideshare vehicle such as an Uber or Lyft, understanding your legal rights is crucial in securing the compensation you deserve.
In California, pedestrians and cyclists have specific legal protections that help ensure they are compensated for injuries caused by the negligence of others, including rideshare drivers.
Right to File a Personal Injury Claim
If you are a pedestrian or cyclist who has been hit by a rideshare vehicle, you have the legal right to file a personal injury claim against the responsible party. This could include the rideshare driver, the rideshare company, or even other third parties, depending on the circumstances. The law allows you to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages that result from the accident.
In California, pedestrians and cyclists are generally given the right of way in crosswalks and bike lanes. If a rideshare driver violates these rights, whether by running a red light, failing to yield, or driving recklessly, you can hold them accountable through a personal injury claim.
The burden of proof will be on you to demonstrate that the rideshare driver’s negligence caused the accident, but with the right evidence and legal representation, you can pursue a successful case.
Insurance Coverage in Rideshare Accidents
One of the key issues in rideshare accidents is determining the correct insurance coverage to address the victim’s injuries. California law requires rideshare companies like Uber and Lyft to provide liability insurance for their drivers while they are working, though the amount of coverage varies depending on the driver’s status at the time of the accident.
This is important because victims of pedestrian or cyclist accidents can often recover compensation from the rideshare company’s insurance policy if the driver was working at the time of the accident. In situations where the driver’s own insurance is insufficient, the rideshare company’s insurance may step in to cover the damages.
Determining Fault and Liability
In many pedestrian or cyclist accidents involving a rideshare vehicle, determining fault and liability can be complex. A key aspect of proving your claim will be identifying who was responsible for the accident. If the rideshare driver was at fault, you may file a claim with their insurance company.
If another driver caused the collision, their insurance may be the primary avenue for compensation. Additionally, if the rideshare company is found to be liable due to inadequate screening or negligent training of the driver, they may also be held accountable.
Witness statements, dashcam footage, police reports, and traffic camera footage can all serve as crucial pieces of evidence in proving liability in a rideshare accident.
Wrongful Death Claims
If a pedestrian or cyclist succumbs to their injuries after being struck by a rideshare vehicle, the surviving family members may be entitled to file a wrongful death claim. This type of lawsuit allows family members to seek compensation for the loss of their loved one, funeral expenses, loss of financial support, and emotional distress.
Consulting with an Experienced Lawyer
Navigating the legal process after a pedestrian or cyclist accident involving a rideshare vehicle can be overwhelming, especially while dealing with recovery from injuries. That’s why it is crucial to have an experienced personal injury lawyer on your side. At Countrywide Trial Lawyers, we are committed to protecting your rights and helping you obtain fair compensation for your injuries.
We understand the complexities of rideshare accident claims and can guide you through every step of the legal process, from gathering evidence to negotiating with insurance companies.
If you have been injured by a rideshare vehicle, don't hesitate to contact us today for a consultation. We'll review your case and help you determine the best path forward to get the compensation you deserve.
Common Causes of Rideshare Pedestrian Accidents
Rideshare pedestrian accidents are unfortunately common in busy urban areas like California, where Uber and Lyft drivers frequently navigate crowded streets. Pedestrians, who are already vulnerable on the road, are at an even greater risk when rideshare drivers are not paying full attention to their surroundings.
Several factors contribute to these types of accidents, with varying levels of negligence and caution involved. Understanding the common causes can help both pedestrians and drivers take necessary precautions to prevent accidents.
Distracted Driving
One of the leading causes of rideshare vs. pedestrian accidents is distracted driving. Just like any other driver on the road, rideshare drivers can become distracted by their phones, navigation systems, or conversations with passengers. Since rideshare drivers are required to rely on their phones for route guidance, it’s common for them to become distracted while checking for incoming ride requests or looking for their next passenger. This distraction reduces their ability to notice pedestrians, especially in areas with high foot traffic like crosswalks, near bus stops, or at intersections.
Failure to Yield
Another frequent cause of pedestrian accidents is rideshare drivers failing to yield the right of way to pedestrians. Pedestrians have the legal right of way when crossing at marked crosswalks, and any failure by a rideshare driver to stop or slow down for a pedestrian can result in a serious accident. In busy areas where rideshare drivers are rushing to pick up passengers, they may overlook pedestrians, especially if they are focused on finding their next passenger or looking for parking.
Reckless or Aggressive Driving
Reckless driving behaviors, such as speeding, weaving through traffic, and disregarding traffic signals, contribute to pedestrian accidents. Rideshare drivers under time pressure to meet ride expectations or get to the next passenger quickly may engage in aggressive driving, leading to dangerous situations. Speeding near crosswalks or other pedestrian-heavy areas can significantly reduce the driver’s ability to react quickly if a pedestrian unexpectedly crosses the road.
Inadequate Parking and Unloading
Rideshare drivers often stop in non-designated areas or pull over on busy roads to pick up or drop off passengers. When doing so, they may unintentionally block pedestrian walkways or obstruct visibility. This can cause pedestrians to be caught off guard when walking by or crossing the street, increasing the risk of an accident. Additionally, drivers failing to check their surroundings before pulling back into traffic may cause accidents with pedestrians who are already in the area.
Impairment or Fatigue
Like any driver on the road, rideshare drivers may also cause accidents due to impairment (such as alcohol or drugs) or fatigue. Drivers who are impaired or overly tired may have slowed reaction times, difficulty concentrating, and compromised judgment, which can significantly impact their ability to safely share the road with pedestrians.
Environmental Factors
While rideshare drivers are responsible for safely operating their vehicles, environmental factors also play a role in pedestrian accidents. Poor weather conditions, such as heavy rain or fog, may reduce visibility for both drivers and pedestrians. In these conditions, rideshare drivers need to exercise extra caution to ensure they don’t inadvertently hit a pedestrian.
Pedestrian accidents involving rideshare vehicles can result in severe injuries or fatalities, often leaving victims with long-term physical, emotional, and financial hardships. By understanding the common causes of these accidents, pedestrians, drivers, and passengers can all take steps to reduce the risks. However, when an accident occurs, pedestrians need to seek legal assistance to understand their rights and options for compensation.
Evidence Gathering for Pedestrian and Cyclist Claims
When a pedestrian or cyclist is involved in an accident with a rideshare vehicle, gathering the right evidence is crucial for building a strong case. Proper documentation can help prove fault and establish the extent of the injuries, allowing the victim to seek fair compensation. Several types of evidence are particularly important in these types of claims.
Accident Scene Photos
Photographs of the accident scene are some of the most important pieces of evidence in any pedestrian or cyclist accident claim. These photos should include shots of the location where the incident occurred, visible traffic signs, signals, the position of the vehicles involved, and any relevant road conditions. Close-up photos of the injuries sustained by the pedestrian or cyclist can also be valuable in demonstrating the extent of the harm caused by the accident.
Eyewitness Statements
Witness testimony can be essential in proving the details of the accident, especially if there are conflicting accounts of what happened. If possible, collect contact information from any witnesses who saw the incident occur.
Statements from bystanders who observed the behavior of the rideshare driver or the pedestrian/cyclist at the time of the accident can help corroborate the victim’s version of events.
Rideshare Driver and Vehicle Information
It is important to gather details about the rideshare driver involved in the accident, including their name, contact information, insurance details, and driver’s license number. If the rideshare driver was on the clock during the accident, getting the driver’s trip history can help establish whether they were in a valid rideshare period at the time of the incident. If the driver was distracted or impaired, this information is crucial.
Traffic and Surveillance Footage
If the accident took place in an area with traffic cameras or nearby businesses with surveillance cameras, it’s important to secure footage from these sources. Video evidence can provide an unbiased, clear depiction of the accident and help establish the facts surrounding the incident.
Medical Records
Finally, medical records play a key role in proving the extent of injuries suffered by the pedestrian or cyclist. These records will document the treatment received, the severity of the injuries, and any long-term effects, all of which can help with damage calculations.
Gathering comprehensive evidence promptly after a pedestrian or cyclist accident is essential to ensuring the victim's rights are protected. Working with an experienced attorney can help secure critical information and strengthen the case.
How Our Firm Handles These Specific Types of Claims
At Countrywide Trial Lawyers, we understand the unique challenges that come with pedestrian and cyclist accidents involving rideshare vehicles. These types of claims require a thorough and strategic approach to ensure that our clients receive the compensation they deserve. From gathering evidence to negotiating with insurance companies, we handle every step of the legal process with diligence and expertise.
Our team begins by conducting a comprehensive investigation into the accident. We work quickly to gather crucial evidence such as accident scene photos, witness statements, traffic camera footage, and the rideshare driver’s trip history. By securing this evidence early on, we can establish the facts surrounding the accident and build a strong case. Our attorneys also seek medical records to fully document the injuries sustained by the victim, ensuring that all damages, both economic and non-economic, are accurately calculated.
We are also well-versed in dealing with the complexities of rideshare insurance policies. Unlike traditional auto accidents, rideshare accident cases may involve multiple layers of insurance, including the driver’s personal policy, the rideshare company’s insurance, and possibly even a third-party liability policy. Our firm has extensive experience in navigating these complicated insurance landscapes to secure the maximum possible compensation for our clients.
Throughout the entire process, we offer personalized attention and guidance to our clients. We understand that injuries from pedestrian and cyclist accidents can have long-lasting physical, emotional, and financial effects. That’s why we are committed to fighting for the rights of injured individuals and ensuring they receive the compensation they need for medical bills, lost wages, pain and suffering, and more.
Countrywide Trial Lawyers
At Countrywide Trial Lawyers, we are dedicated to helping injured pedestrians and cyclists who have been involved in accidents with rideshare vehicles. We understand the physical, emotional, and financial burdens that come with such accidents, and we work tirelessly to secure the compensation you deserve.
Our experienced California rideshare accident lawyers will guide you through every step of the process, ensuring that your rights are protected and your case is handled with the utmost care.
If you or a loved one has been injured in a pedestrian or cyclist accident involving a rideshare vehicle, don't hesitate to reach out to our office. Contact Countrywide Trial Lawyers at (213) 772-6547 for a free consultation. Let us help you get the justice you deserve.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
