Using a rideshare service like Uber or Lyft can be a great way to get around. It is easier and less expensive than a cab and safer than walking alone or driving drunk. However, rideshare drivers can and do cause accidents just like any other driver on the road. Uber and Lyft drivers are not professional drivers and they do not have any additional training or hold any special licenses. It can be particularly frustrating to get hurt in a rideshare accident, as there is nothing you can do to avoid the crash from the back seat. People often use rideshare services for safety reasons and certainly do not expect rideshare drivers to put them in harm’s way by driving carelessly. If you were injured due to your rideshare driver’s carelessness, you may be entitled to compensation. Our law office can help you take the next steps. 

Careless Mistakes That Cause Rideshare Accidents

There are a number of reasons that rideshare drivers may get into accidents. Common mistakes Uber and Lyft drivers may make include: 

• Navigation errors - Everyone has missed a turn or made a wrong turn at some point. The important thing is how they handle a mistake. Drivers may realize that they are about to miss a turn or an exit and choose to swerve abruptly rather than backtracking. This is a mistake and may lead to them striking another vehicle or losing control of the car. 

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Serious car accidents are typically associated with high speeds. When cars are driving at normal highway speeds, it is easy to see how crashing could result in serious harm. Of course, everyone who has spent any time in L.A. traffic knows that “normal highway speeds” are about one mile per hour most of the time. However, even in bumper-to-bumper traffic, car accidents can still lead to serious injuries. Injuries in this type of traffic can be dangerous - ambulances cannot always get through as quickly as they could if traffic was less congested. If you were injured in a car accident that occurred in heavy traffic, a lawyer may be able to help you recover compensation. 

What Types of Serious Accidents Occur in Congested Traffic?

Cars do not need to be moving very fast at all to cause serious harm to a person. Common types of dangerous crashes that occur in heavy, slow-moving, traffic include: 

• Pile-ups - All it takes is for one driver to make a big enough mistake and suddenly, there are eight damaged vehicles and multiple injuries. The people at the back of the pile-up and the people at the front are less likely to sustain major injuries because they generally experience only a single collision - although they are still at risk. People in the center of the pile-up typically experience multiple collisions. When they are struck from behind, or even from the side, they are likely to be pushed into another vehicle. This can effectively crush their car, making them more likely to sustain injuries. 
• Rear-end collisions - When traffic starts moving after being at a standstill, some drivers will rapidly speed up, assuming that the cars ahead of them are going to continue accelerating. However, more than likely, there will be another slowdown very soon. Drivers who fail to anticipate this may not be able to stop in time to avoid rear-ending someone at a high speed. This can also cause a pile-up. 
• Secondary injuries - Even if a crash victim makes it out of their vehicle unharmed, there is a substantial risk that they could be struck again while on foot near the crash. Quite a few drivers are lulled into a false sense of security by the slow speed at which they are moving and allow themselves to become distracted. Distracted drivers can easily fail to notice a stranded motorist standing alongside the highway. 

Even slow-moving or stop-and-go traffic can become deadly very quickly when drivers fail to use appropriate care. 

Rarely is a car accident 100% the fault of one individual. While there are certainly some cases where the blame is clearly only on one driver, it is more common for multiple drivers to have contributed to the accident in some way. Luckily, in California, you may still be able to recover from a car accident even if you are partially responsible. California law is more laid back compared to many other states in this regard. California uses what is known as the pure comparative negligence system, which generally allows people to win compensation proportionate to their share of fault. 

Dividing blame in a car accident can be technically and legally challenging. It is important to consult an attorney before attempting to bring a claim for a motor vehicle accident you may be assigned some level of fault for. 

What Does Pure Comparative Negligence Mean in California?

The pure comparative negligence rule in California means that people who were hurt in an accident can be permitted to recover damages for whatever portion of the accident was not their fault. For example, if you are 50% at fault for your injuries, you can recover 50% of what you would have if the blame had been 100% on the other driver. 

Right after a car crash, it may feel as if there are an overwhelming number of things you need to do. Seeking emergency medical care where needed is always the first priority, but much needs to happen after an accident. You will need to exchange information with the other driver, flag down witnesses, take pictures, and perhaps more importantly, file a police report. Calling the police from the accident scene and having them come take a report builds valuable evidence that can be used to prove your claim later. Your next step would be contacting an attorney. 

Why Should I File a Police Report After a Car Accident?

A police report creates an objective account of the accident from a neutral, third-party viewpoint. This valuable record can later be used as evidence to prove who and what caused the crash. It is critical that you do not skip this step. Reasons to file a police report after a crash include: 

• Mandatory - If the accident caused injury or death, you are legally required to report it within 24 hours. For crashes that caused property damage over $1,000, you have ten days to report it. It is inadvisable to wait that long, however. If you can, call the police while you are still on the side of the road so they can observe the accident scene close to the time it happened. 

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Under California law, when a person is injured in a car accident caused by a drunk driver, that driver is legally liable for any losses the victim suffers because of those injuries. These losses can include medical expenses, lost wages if the victim was unable to work while they recovered, pain and suffering, emotional anguish, and more. Tennessee’s “dram shop” law also provides another avenue of financial justice for victims of drunk driving accidents: the right to sue the source of where the drunk driver obtained the alcohol that caused their intoxication.

California’s Dram Shop Law

The majority of states in the U.S. have passed some form of dram shop law. The word “dram” originated in the 18th century by the British and referred to a measurement of a three-quarter teaspoon of alcohol.

Under most dram shop laws, any vendor that sells alcohol falls under the dram shop law. This includes restaurants and bars, but can also include liquor stores, grocery stores, convenience stores, and gas stations. A drunk driving accident victim can bring a dram shop claim against a vendor if they can show that the vendor sold alcohol to a person who was “visibly intoxicated,” and the driver’s alcohol consumption was a direct cause of the accident that caused the injury.