How Is Liability Determined in an Uber Accident?
Uber has become one of the most common ways for Los Angeles residents to get around, from commuting to work to late nights out. Yet, each year, dozens of Uber accidents are reported throughout Southern California. Some of these accidents cause serious and fatal injuries to those involved. Determining who is liable, or legally responsible, for an Uber accident is the first step toward seeking justice.
How Does Car Accident Liability Work in California?
Whether or not a Los Angeles car accident involves an Uber, Lyft or another type of rideshare vehicle, if the crash occurs in California, it will abide by California’s insurance rules. Like most states, California uses a fault-based or tort-based rule to determine liability.
Under this law, the individual or party responsible for causing an Uber accident is held financially accountable for paying for the victim’s medical costs, property repairs and other damages. The victim must prove fault to qualify for third-party coverage.
The Crash Investigation Process
An investigation will be conducted after an Uber accident is reported to law enforcement in Los Angeles. The police will visit the scene if the accident involved injuries, deaths or over $1,000 in property damage. At the scene, the police will speak to those involved and any witnesses, as well as draw a diagram of the accident scene, take official photographs and issue citations to drivers for any violated traffic laws.
Once the accident is reported to one of the parties’ insurance companies, the insurer will typically conduct its own investigation. The insurance company will assign a claims adjuster to determine liability and process the claim.
Most Uber accident cases come down to the fault of one of the drivers for a negligent act such as speeding, careless or reckless driving, and violating traffic laws. A unique aspect of Uber accidents is that Uber will provide supplemental coverage if the driver’s personal coverage is insufficient, up to $1 million. There may also be third parties to blame, such as the manufacturer of a defective auto part.
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How to Prove Liability for an Uber Accident
To receive financial compensation for an Uber accident, you may need to prove fault or liability in your personal injury claim. Typically, proving liability means establishing that the accused party or defendant was negligent.
Negligence has four parts:
- Duty of care: the defendant had a legal obligation to act with reasonable care.
- Breach of duty: the defendant committed an act or omission that violated the standard of care.
- Causation: the defendant’s negligent act was the cause of the Uber accident.
- Damages: the victim suffered compensable losses as an outcome of the collision.
Evidence is needed to prove negligence. Common types of evidence in an Uber accident case include a police report, witness accounts, photographs and video footage, traffic citations, and cell phone records.
What to Do After an Uber Accident in Los Angeles
If you need to hold Uber or another party liable for your recent rideshare accident in Los Angeles, get a skilled personal injury attorney to help you. An Uber accident lawyer in Los Angeles can help you make a full financial recovery, as well as set you up with the right doctors in your city to get you the care that you need. Having an attorney support and fight for you during this difficult time can make all the difference.