If you find yourself injured in a rideshare accident in California, there are several crucial steps to take to protect your well-being and legal rights. First and foremost, prioritize your safety and seek medical attention immediately, even for seemingly minor injuries, as some may have long-term consequences. For example, traumatic brain injuries may not be readily apparent, but can have long-term consequences and may not present symptoms for hours, days or weeks after the initial impact.
Report the car accident
Next, report the car accident both to the ridesharing company through their app and to local law enforcement. Gathering information from other parties involved, such as names, contact details and insurance information, is also essential.
Documentation
Documenting the incident with photographs of the car accident scene and gathering witness testimonies can be invaluable for legal proceedings. Get their contact information as well. If the police arrive, get their contact information as well, and follow up to get the police report too.
Insurance coverage
Understanding the insurance coverage provided by ridesharing companies is crucial. Typically, coverage varies depending on whether the driver has accepted a ride request or if a passenger is in the vehicle. However, it is essential to note that the period when the app is on, but the driver is waiting for a ride request, can be a gray area. Though, as you are the rider, if you were in the vehicle, you should be covered by the app’s insurance coverage.
Comparative negligence
Knowing your legal rights is essential in California, which operates under a system of pure comparative negligence. This means you can still recover damages even if you were partially at fault for the car accident, though the proportion of your negligence will affect your recovery.
Additionally, understanding the legal framework for rideshare accident claims is vital. Rideshare drivers are considered independent contractors, not employees, which can impact liability and compensation.
Conclusion
Rideshare accidents are complex because there are multiple parties that may hold some liability, but none of those parties are you, the passenger. However, being aware of these steps can help protect your rights and interests. Stay informed and safe on the road.