Personal Injury in California Ridesharing Accidents
To better understand some of the legalities behind ridesharing, you must first understand what this modern mean of transportation is. Ridesharing is when two or more people are sharing a trip via carpooling, and the passenger is paying for services. Rideshares work as far as convenience as well as burning less gasoline, saving on parking, and the added benefit of company. Uber and Lyft are two very common types of ridesharing found in the news today. (1) Accident Liability in the World of Ridesharing Ridesharing, of course, cannot happen without specific types of insurance as it is a service involving vehicles. In California, a driver must be carrying a minimum of $50,000 per person and $100,000 per accident of liability when they do not have a passenger in the vehicle. Uber and Lyft maintain an additional $200,000 of coverage on top of this. However, all of this changes when the driver picks up passengers. After passengers, the driver is required to carry $1 million of liability insurance coverage as well as $1 million in uninsured/underinsured coverage. This may sound high to you, but that is not the case – because many people who are involved in serious car accidents will see well into the hundred thousands or millions of medical bills. There are many different types of damages that somebody might receive after a ridesharing accident, all the way from hospital bills to future medical treatment, long term-care, lost wages, and pain and suffering. Various Types of Insurance Policies Through Ridesharing There are various pieces of insurance policies regarding ridesharing after you have been involved in an accident. Here are examples of a few: Liability: This part of the policy covers damage to other cars and people who were involved in the accident. There is no deductible when it comes to claims of liability. Collision: This covers damages to the driver’s own vehicle and there will usually be a deductible, but not all the time. Medical: Medical will cover the driver and anybody else in the car at the time of the accident. This occurs after assignment of fault. (2) Over the recent years, there have been many cases where liability was unclear when the driver was on call but not actually transporting a passenger, like cases where pedestrians are involved. In the case of an Uber accident where a driver was charged with manslaughter after a pedestrian walked out on the road, Uber denied liability because there was no passenger at the time. Often times, victims will find that it is tedious and complicated to attempt to obtain compensation for their injuries. This is largely due to the laws and regulations that determine car accident fault for ridesharing companies. (3) It is expected that, as the years go on, car ownership will become a slight thing of the past. Ridesharing has taken many vehicles off the roads as people continue to share services and this is determined to continue well into the future. No matter what the case, it is important to speak to an attorney about your case if you have been injured in a ridesharing accident. Call us today for more information, you can contact us at the following number 844-444-1400. (1) https://workingmoms.about.com/od/workschedule/f/What-Is-A-Ride-Share.htm (2) https://therideshareguy.com/how-to-handle-rideshare-insurance-after-a-car-accident-with-uber-or-lyft/ (3) https://accident-law.freeadvice.com/accident-law/accidents-in-the-news/who-pays-when-uber-or-lyft-driver-causes-accident.htm
Understanding Wrongful Death Lawsuits in California
In Chino Hills, Ca, a wrongful death claim is allowed when one party’s intentional, negligent, or reckless behavior leads to the death of someone else. In other words, a wrongful death claim is a personal injury claim in which the injured party cannot bring his or own claim any longer. Nevada has very specific wrongful death laws that define who may file a wrongful death claim and the time limit under which the claim must be filed. Here’s what you should know about filing a wrongful death claim with the help of a personal injury attorney in California. Who Can Make a Wrongful Death Claim? In California, only specific people may bring a wrongful death claim: Surviving spouse, children, or domestic partner Parent of the deceased when there is no surviving spouse or child Personal representative of the estate Other people may file a civil wrongful death claim in California if they can prove they were dependent on the deceased when he or she died. As an example, a stepchild who relied on the deceased for support may be able to file a wrongful death lawsuit. Types of Wrongful Death Damages California law allows for two types of wrongful death damages: penalties and special damages. Special damages are the damages that were suffered by the deceased, surviving family, or the estate. Examples of common special damages awarded in California wrongful death claims include funeral expenses, medical expenses from the final injury or illness, property damage, lost wages and benefits along with wages the deceased would reasonably have earned if he or she had lived, loss of companionship, and loss of benefits to heirs. Some wrongful death cases also result in punitive damages, which are not designed to compensate for an actual loss. Instead, punitive damages are designed to penalize especially negligent or reckless behavior that resulted in someone’s death. Punitive damages are used by the court to send a message about the behavior involved. Only a small percentage of cases result in punitive damages. Filing a Wrongful Death Lawsuit If someone you love has been killed due to the reckless or negligent actions of another, you may be entitled to file a wrongful death lawsuit. In California, there is a strict statute of limitations on such claims. You must file your claim in court within 2 years from the date of the deceased person’s death. A personal injury attorney can help you file a lawsuit to recover compensation for your loss. Contact Rawa Law Firm today for a free consultation with a wrongful death lawyer in California who will review your case and help you protect your rights and understand your legal options.