Hurt in an Uber Accident in Bakersfield? Talk to Colvin Accident Lawyers

Rideshare Crashes in Bakersfield: Who May Be Involved in a Claim

Colvin Accident Lawyers can review car accident claims for people hurt in a crash involving an Uber or Lyft vehicle in Bakersfield and Kern County, as well as claims brought by their families. A rideshare crash can support a claim against the driver, the rideshare company, another driver, or more than one party. The trip details decide which.

Colvin is a Bakersfield personal injury firm. Its practice covers car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases. Rideshare crashes fall within that same accident work.

This page is written for:

• Injured passengers
• Drivers hurt in a crash with a rideshare vehicle
• Other motorists, pedestrians, and cyclists struck by a rideshare vehicle
• Families of someone killed in one of these crashes

The firm’s service areas include Kern County, Fresno, Visalia, Delano, Tehachapi, Lancaster, and Palmdale.

The goal here is to explain the legal questions and next steps. It is not a prediction of how any claim will turn out.

Can You Sue Uber If Its Driver Causes a Crash?

A claim can name more than one party, but whether a rideshare company can be named depends on the facts, including the app status at the time of the crash. The main question is fault: did a driver’s careless conduct cause the crash?

Common driver mistakes in these cases include:

• Speeding. California law bars driving faster than is reasonable or prudent for the weather, traffic, and road. See Vehicle Code § 22350.
• Under Vehicle Code § 23123.5, a person may not drive while holding and operating a handheld wireless telephone or electronic wireless communications device unless it is designed and configured for voice-operated, hands-free use and is used that way. A driver may operate it by hand only if it is mounted on the windshield, dashboard or center console as the statute allows, and only with a single swipe or tap of a finger.
• Other habits. Running a red light, unsafe lane changes, and driving tired after long shifts also matter.

Breaking a traffic law can help prove fault. Under Evidence Code § 669, a failure to use due care is presumed when a person violated a statute, ordinance, or regulation of a public entity, the violation proximately caused death or injury, the harm was of the kind the rule was designed to prevent, and the injured person was one of the class of persons the rule protects. The driver can try to rebut that presumption.

Vehicle owners face their own rules. Under Vehicle Code § 17150, an owner is liable for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle by someone driving with the owner’s permission, express or implied. Vehicle Code § 17151 caps that owner liability at $15,000 for one injured person in one accident, when it does not arise through an agency or employment relationship. That cap covers only that type of liability. It does not limit every claim.

Whether the rideshare company can be named turns on the app status at the moment of the crash. That is covered in the next section. Bring these items to your consultation: trip records, the driver’s account, the police report, and photos of the vehicles.

Which Insurance Applies: The Driver, the Rideshare Company, or Another Driver?

Insurance usually turns on what the app was doing when the crash happened. Review four stages:

1. App off
2. App on and waiting for a ride request
3. En route to a pickup
4. Carrying a passenger

A driver’s personal auto policy may exclude rideshare driving. Don’t assume that policy applies until someone checks it.

Your own coverage may help too. Under Insurance Code § 11580.2, insurers must provide uninsured motorist coverage in each bodily injury liability policy they issue covering motor vehicle liability, but the insurer and applicant may agree to a lower amount than the required limits, not less than the financial responsibility requirements, or delete the coverage in some cases. Cal. Ins. Code § 11580.2 reads: “except for policies that provide insurance in the Republic of Mexico issued or delivered in this state by nonadmitted Mexican insurers, shall be issued or delivered in this state to the owner or operator of a motor vehicle, or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally used or principally garaged in this state, unless the policy contains, or has added to it by endorsement, a provision with coverage limits at least equal to the limits specified in subdivision (m) and in no case less than the financial responsibility requirements specified in Section 16056 of the Vehicle Code insuring the insured, the insured’s heirs or legal repr.” That coverage protects the insured for all sums within the limits established by law that they are legally entitled to recover for bodily injury damages from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household. The statute also treats an underinsured vehicle as uninsured for this purpose.

To identify every policy that may apply, look at:

• The driver’s personal auto policy
• The rideshare company’s policy
• The at-fault driver’s policy
• Your own policy, including uninsured and underinsured motorist coverage

If you aren’t sure which policy applies, contact Colvin Accident Lawyers. We can review the app status and policies with you. Colvin Accident Lawyers can also help you sort out which coverage may be in play.

Common Causes of Rideshare Crashes and the Injuries They Cause

Rideshare crashes often involve distraction, speed, fatigue, and rushed pickups or drop-offs. Those habits show up across many crash types.

Common causes include:

• Phone use or app distraction
• Fatigue from long shifts
• Rushing a pickup or drop-off
• Unsafe lane changes
• Left turns across traffic

Common crash types in Bakersfield traffic include rear-end collisions, intersection crashes, side-impact collisions, and pedestrian or cyclist strikes near curbside pickup and drop-off points.

Injuries can include broken bones, soft tissue injuries, head injuries, spinal cord injuries, and internal injuries. Some injuries need ongoing care. Get checked by a medical provider even if the crash seemed minor.

Catastrophic injury and wrongful death claims follow the same fault and insurance questions. They usually involve a longer review of medical and economic losses. The facts behind each claim drive where it goes, so bring your medical records and crash details to the consultation.

What to Expect: Step-by-Step Process for an Uber Accident Claim

Start with medical care and evidence. Then talk with a lawyer before giving any recorded statement.

Step 1: Get medical care and keep every record. Your treatment history is central to proving your injury.

A driver involved in an accident on a street or highway, or involved in a reportable off-highway accident as defined in Section 16000.1, that results in damage to the property of any one person in excess of $1,000, in bodily injury, or in the death of any person must report the accident within 10 days after the accident, either personally or through an insurance agent, broker, or legal representative, on a form approved by the department, unless the motor vehicle was owned or leased by, or under the direction of, the United States, this state, another state, or a local agency (Cal. Veh. Code § 16000). The report can be made personally or through an insurance agent, broker, or legal representative. See Vehicle Code § 16000.

Step 3: Preserve evidence. Save trip screenshots, ride receipts, photos of the scene and vehicles, the police report number, and witness names. The California Department of Insurance accident guide covers documenting injuries and related expenses for an insurance claim.

Step 4: Talk with a lawyer before a recorded statement. Insurance adjusters may ask for one early. Contact Colvin Accident Lawyers for a free first consultation, which is confidential and carries no obligation to continue.

Step 5: Case review. The firm reviews the app status, insurance policies, liability facts, and damages. Then it explains the options that fit those facts.

Step 6: Negotiation and, if needed, a lawsuit. Timelines turn on the medical course, the insurers involved, and court schedules.

California Deadlines for Uber and Rideshare Accident Claims

California generally gives two years to file a lawsuit for injury or death. Code of Civil Procedure § 335.1 applies to an action for injury to, or death of, a person caused by another’s wrongful act or neglect.

Claims against a public entity for death or injury have a shorter deadline. See Gov. Code § 911.2. A claim against a public entity relating to a cause of action for death or injury must be presented not later than six months after the cause of action accrues, as provided in Gov. Code § 911.2. See Gov. Code § 945.4. See Gov. Code § 945.4.

For wrongful death, Code of Civil Procedure § 377.60 lists who may bring the claim. That includes the surviving spouse, domestic partner, children, and certain other listed family members. A personal representative may also bring it on their behalf.

Trip records and vehicle evidence are easier to request early. Contact the firm soon after the crash so those records can be requested in time.

Why Injured Riders and Families Contact Colvin Accident Lawyers in Bakersfield

Colvin Accident Lawyers is a Bakersfield personal injury firm. Donald Norman Colvin is the responsible lawyer for this page. Our team includes lawyers and support staff who handle intake and case work for accident clients.

The firm’s accident practice includes:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Bus accidents
• Dog bite claims
• Premises liability
• Catastrophic injury
• Wrongful death

For a rideshare crash, the firm reviews the app status, the insurance policies, and the medical records. It explains each step in plain language so you can make informed choices.

Results depend on the facts of each case, and results will differ based on different facts.

Frequently Asked Questions About Bakersfield Uber Accidents