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Ridesharing Injury attorney In Los Angeles: What Do You Need To Know If You Are Involved In An Accident?

October 20, 2021 
by LA Injury Group

Apart from the usual noncommercial restrictions, commercial operators such as bus drivers, taxi drivers, and other similar operators are subject to stringent licensing requirements. Lyft, Uber, and other ridesharing operators, on the other hand, often do not have such restrictions. Frequently, commercial driver's license exams place nearly as much emphasis on how well you interact with passengers as they do on your driving abilities. Since Uber drivers lack this essential training, they often fail to recognize the importance of the duty of care in these situations. More on it in a moment. A rideshare injury attorney in Los Angeles, California can often win significant compensation for rideshare accident victims, primarily due to the high standard of care required in these situations. This compensation usually comprises monetary compensation for economic losses, such as medical expenses, and noneconomic losses, such as emotional distress.

Ridesharing In Los Angeles

What Factors Cause Rideshare Accidents In Los Angeles?

Failed to Act Quickly: When rideshare drivers fail to bring the vehicle to a complete stop, a ridesharing accident is sure to occur. This kind of event often occurs because drivers do not want to give up the chance to make extra money while driving.

Speed: The most common reason for many vehicle accidents in Los Angeles is excessive speed. It covers incidents using rideshare services such as Lyft and Uber.

Exhaustion: Drivers who use rideshare services are usually unconcerned if they get exhausted. They are doing so because they will get incentives and awards if they drive for a more extended period and take more rides.

An Unfamiliar Place or Area: Drivers from outside of Los Angeles unfamiliar with the city's highways and streets are drawn to rideshare services. They may drive recklessly, increasing the likelihood of being involved in a rideshare accident.

Distracted While Driving (serious violation of the law in the United States): Distractions while driving will always be a problem. Therefore, rideshare drivers must resist the temptation to use their phones while driving, especially if the task at hand isn't very urgent.

Rideshare Drivers' Duty Of Care

The majority of noncommercial operators are subject to responsibility for reasonable care. To prevent accidents as much as possible, drivers must adhere to traffic laws and drive cautiously. Because Uber drivers operate in their cars, they often believe the same standard of care applies. However, this is not the case.

When it comes to vehicle driving, Uber drivers have a responsibility to use extreme caution. The majority of the time, they ensure the safe behavior of their passengers.

Exercising caution while operating near junctions is an excellent illustration of the difference. Noncommercial drivers are usually permitted to go straight through intersections if the lights are green. On the other hand, Uber drivers are required to slow down, check both ways, and verify that the junction is clear before proceeding ahead due to the more significant duty of care.

Passenger safety is also a component of this responsibility. Depending on the circumstances, the high degree of safety obligation starts with the pickup location and stops when the passenger leaves the car. The pickup and drop-off sites must, therefore, be in a secure area. Alleys that are dark and isolated are not safe places to be. Furthermore, if passengers quarrel during the trip, the driver must act and break up the argument before it escalates into a physical altercation between them.

Liability To The First Party

However, although the duty of care may be different for commercial and noncommercial drivers, the legal grounds for negligence in both situations are the same.

Ordinary negligence is defined as a failure to use reasonable caution. Negligence per se is a breach of safety regulation. The contrast between these two philosophies may be shown through the use of a device for distraction.

The Golden State has enacted legislation prohibiting the use of one's hands. Typically, it is against the law to hold any gadget while driving a vehicle in motion. Talking, sending, or reading emails or other text-based communications, watching a movie, browsing the web, and almost any other activity are all prohibited. According to the negligence per se theory, drivers who engage in unlawful behavior and cause accidents may be responsible for damages as a matter of law.

There are many exceptions to this rule. The use of a hand-held GPS navigation device while driving is usually permissible under the law. Using a hands-free device while driving is also generally considered lawful in most states. Distracted driving is defined as any of the following behaviors.

It is possible that using a hands-free gadget is much more dangerous than using a hand-held device. Hands-free devices provide many drivers with an unwarranted feeling of security. In addition, there is usually a texting lag effect present. After using a gadget, motorists do not entirely return to driving for at least twenty seconds after using the device. During one's time behind the wheel, a lot may happen in a brief period.

Third-Party Liability

Individual drivers are held legally liable for any damages that occur in these situations. Due to the "respondeat superior" theory, the ridesharing operator is often held financially accountable for its customers. Companies such as Uber and Lyft are liable for the carelessness of their drivers if any of the following conditions are met:

  • Employee: While California rideshare drivers may be considered independent contractors for financial reasons, they are considered employees for negligence. That is because the corporation regulates its conduct in areas such as passenger pickup and safety regulations.
  •  Within the scope of employment is any conduct that helps the employer in any manner, regardless of how minor the benefit is. That includes driving alone, at least in the majority of circumstances. Uber stickers are required by several towns for drivers that use the service. Employers reap the benefits of the free promotion generated by these stickers.

Respondeat superior theories of vicarious responsibility, for example, are very significant in ridesharing accidents. The majority of the time, these operators have personal automobile insurance. In most cases, these plans do not provide coverage for business losses. As a result, Uber drivers are considered to be uninsured for all practical reasons. Third-party responsibility provides these victims with an alternate route of financial redress.

Talk To A Rideshare Injury Attorney In Los Angeles About Your Case

Accidents such as rideshare can result in serious injuries or, worse, death. If you have just been engaged in a rideshare accident and want help, please do not hesitate to contact an experienced ridesharing injury attorney in Los Angeles from LA Injury Group for assistance. Contact the LA Injury Group at (818) 240-1800, and we will be happy to discuss your case.

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