Hurt in a Rideshare Crash? Find Out Who Can Be Sued

Injured people can have claims against more than one party after an Uber or Lyft crash. The driver is the most direct target. The rideshare company may also be responsible, and the app’s status at impact often decides which insurance applies. This guide answers the main questions for people hurt in Bakersfield and Kern County.

Can You Sue Uber or Lyft After a Rideshare Crash?

Yes, a claim may be possible against the driver and, in some cases, the rideshare company. The driver caused the crash, so a claim against that person is the most direct route.

Rideshare companies often argue that their drivers are independent contractors, not employees. Whether that argument matters turns on the facts of each trip. The key question is often what the driver was doing for the company at that moment.

A claim can name more than one party when the facts support it. A rideshare accident lawyer looks at every possible source of insurance, including the driver’s own policy. For the general steps of a claim, read our car accident lawyer guide.

How the App Status at the Time of the Crash Affects Insurance

The app’s status at the moment of impact often decides which insurance applies. Rideshare trips usually move through several phases:

• App off: The driver is not logged in.
• App on, waiting: The driver is logged in and waiting for a ride request.
• En route to a passenger: The driver accepted a request and is driving to pick up a rider.
• Passenger on board: A rider is in the vehicle.

Insurance terms can differ from one phase to the next.

A personal auto policy can be a problem. The Insurance Information Institute notes that personal policies may exclude rideshare use. An injured passenger may also face a coverage gap when a driver is uninsured or underinsured.

Save screenshots, receipts, and app timestamps now. These records show which phase the app was in, and they can be lost or deleted over time.

What to Do If a Lyft or Uber Driver Causes a Crash

First, get to safety and call 911 so a police report is made. Ask the officer for the report number if you can.

Next, document the scene. Take photos of both vehicles, the roadway, any traffic signals, and visible injuries. Write down witness names and phone numbers. Note the driver’s name, license plate, and the rideshare company’s name from the app.

Get a medical check soon, even if you feel fine or have only minor pain. The American Association of Neurological Surgeons describes traumatic brain injury as an injury caused by blows or jolts to the head. Keep every treatment record, bill, and prescription receipt.

Report the crash to your own insurer. Think carefully before you give a recorded statement to any insurer. The words you use can affect your claim.

When a Minor Was Driving: Can a Parent or Guardian Be Held Responsible?

A parent or guardian can face liability in some cases, but each route follows its own rules. Start with the vehicle owner. Under Vehicle Code § 17150, every owner of a motor vehicle is liable for death or injury caused by negligent or wrongful operation by anyone using it with the owner’s express or implied permission. A teen driving the family car with permission can bring that rule into play.

The owner’s liability has set limits. Vehicle Code § 17151 caps that liability, when it does not arise through a principal-agent or employer-employee relationship, at $15,000 for one person hurt in one accident. It caps it at $30,000 for more than one person in one accident, and at $5,000 for damage to others’ property. These figures are statutory limits, not an estimate of any claim’s value. The owner is also not liable for damages meant to punish the driver. That rule does not shield the owner from damages for the owner’s own wrongful conduct.

Alcohol creates a separate route. Under Civil Code § 1714, a parent, guardian, or other adult who knowingly furnishes alcoholic beverages at their own residence to someone they know or should have known is under 21 can face a claim. That claim can be brought by or for the young person, or by someone the young person harmed.

Some claims also ask whether an adult knew or should have known a teen was unfit to drive and let them drive anyway. Keep the owner question and the parent’s personal liability question separate. They call for different facts about the vehicle and the household.

Common Causes of Rideshare Crashes and the Injuries They Cause

Distraction, fatigue, and pressure to reach a pickup can all contribute to rideshare crashes. A driver may look at the app while driving, work long shifts, or hurry toward a rider. Impaired driving is another cause.

Injuries from these crashes often include broken bones, spinal injuries, traumatic brain injuries, and internal injuries. Some injuries are severe and long-lasting enough to be called catastrophic. Our catastrophic injury lawyer page covers those claims.

When a crash is fatal, a wrongful death claim may follow. Under Code of Civil Procedure § 377.60, certain family members can bring that claim. These include a surviving spouse or domestic partner, children, and certain dependent relatives. The decedent’s personal representative can also bring it on their behalf. Our wrongful death lawyer page explains that process.

Deadlines to Know in California

Most California injury claims have a two-year deadline. Under Code of Civil Procedure § 335.1, an action for injury to a person, or for death, caused by another’s wrongful act or neglect has a two-year limit. Other rules can apply to some claims.

Vehicles run by government agencies follow different timing. A city bus or county vehicle can involve a public entity. Government Code § 911.2 says a claim for death or injury to a person must be presented not later than six months after the cause of action accrues. Other claims against public entities have a one-year presentation period under the same section.

Evidence also has a clock. App records, camera footage, and phone data can be lost or overwritten. Save what you have now, and write down what you remember while it is fresh.

Talk With Colvin Accident Lawyers About Your Rideshare Crash

If an Uber or Lyft vehicle, or a teen’s car, was part of your crash, these questions may already be shaping your next decisions. Colvin Accident Lawyers is based in Bakersfield, California. Donald Norman Colvin is the responsible lawyer for this site.

The firm handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases.

Our first consultation is free, confidential, and carries no obligation to continue.

Quick Answers

If a rideshare driver or a teen behind the wheel hurt you or someone you love in Kern County, our team can review what happened with you. Start with the contact page.

Colvin Accident Lawyers, Bakersfield, California — responsible for this site. Responsible lawyer: Donald Norman Colvin.