Did an Uber or Lyft Driver Crash Into You While Texting? Here’s What You Can Do to Hold Them Accountable
Getting hit by a distracted rideshare driver while they’re texting can leave you injured, confused, and facing mounting medical bills. If an Uber or Lyft driver crashed into you because they were using their phone, California law gives you several ways to hold both the driver and the company responsible for your damages.
When rideshare drivers text while driving, they’re breaking California law, which prohibits handheld device use while operating a vehicle. This violation can strengthen your personal injury claim significantly. More importantly, both Uber and Lyft carry substantial insurance policies that may cover your injuries, but these companies won’t simply hand over compensation without a fight.
Fortunately, you have legal options. California’s comparative negligence laws mean you can recover damages even if you were partially at fault for the accident. Whether the driver was working, between rides, or had their rideshare app turned off affects which insurance policy applies and how much compensation you might receive.
Our Orange County rideshare accident lawyers have helped accident victims throughout California recover compensation from rideshare companies and their drivers. We understand how these cases work, what evidence to gather, and how to prove distracted driving occurred. If you’ve been injured in a rideshare accident involving texting or phone use, call Hicks Law Firm, PC at 866-HICKS-LAW or (949) 541-9944 for a free consultation and let’s discuss what happened.
Understanding California’s Distracted Driving Laws for Rideshare Drivers
California Vehicle Code Section 23123.5 specifically prohibits drivers from writing, sending, or reading text messages while operating a motor vehicle. For commercial drivers like Uber and Lyft operators, these restrictions are even stricter. When a rideshare driver violates these laws and causes an accident on busy Orange County roads like the 405, 55, or local streets such as Beach Boulevard or Harbor Boulevard, they can face both criminal penalties and civil liability.
California’s Comparative Negligence Law
Even if you contributed to the accident, California Civil Code Section 1714 allows you to recover damages based on the other party’s percentage of fault. For example, if the rideshare driver was 80% at fault for texting while driving and you were 20% at fault, you can still recover 80% of your total damages.
How Rideshare Insurance Coverage Works in California
Rideshare insurance operates in three distinct periods, and understanding these phases determines which insurance policy covers your accident:
- Period 1: The Driver has the app on but hasn’t accepted a ride request. The driver’s insurance applies, with limited coverage from Uber or Lyft.
- Period 2: The Driver accepts a ride and travels to pick up the passenger. Rideshare companies provide up to $1 million in liability coverage.
- Period 3: Passenger is in the vehicle until drop-off. Full commercial insurance coverage applies, including up to $1 million in liability protection.
Most serious accidents involving distracted driving occur during Periods 2 and 3, when drivers are actively using their phones to navigate to pickup locations or destinations around Orange County areas like Irvine, Anaheim, or Costa Mesa.
Holding Rideshare Companies Accountable
Rideshare companies employ teams of lawyers and investigators who work to minimize payouts. They may claim their driver wasn’t working at the time of the accident or argue that other factors caused the collision. Without proper legal representation, you may accept a settlement far below what your case is worth.
The best way to hold rideshare companies like Uber and Lyft accountable after a crash is to hire an experienced Orange County injury attorney. Your attorney will investigate the accident, gather evidence, and build a case to help you obtain compensation for your injuries.
The Evidence You Need to Prove Distracted Driving
Building a strong case against a texting rideshare driver requires specific evidence:
- Phone Records: Cell phone records showing calls, texts, or app usage at the time of the collision. Your attorney can subpoena these records from the driver’s wireless carrier.
- Rideshare App Data: Uber and Lyft track driver activity through their apps. This data can show if the driver was actively using the platform when the crash occurred.
- Witness Statements: Passengers or bystanders who saw the driver using their phone before impact provide powerful testimony.
- Police Reports: Officers responding to accidents in Santa Ana, Fountain Valley, or other Orange County cities will often note signs of distracted driving in their reports.
- Traffic Camera Footage: Intersections along major Orange County corridors like Chapman Avenue, Imperial Highway, or MacArthur Boulevard often have cameras that capture accidents.
At Hicks Law Firm, PC, we’ve successfully handled rideshare accident cases throughout Orange County. We know how to investigate these accidents, gather crucial evidence, and negotiate with insurance companies. Our experience with California’s rideshare laws and distracted driving regulations helps us build strong cases for our clients.
Call Our Orange County Uber and Lyft Accident Attorneys
If you’ve been injured in an accident with a distracted Uber or Lyft driver in Orange County, don’t wait to seek legal help. Insurance companies begin building their defense immediately, and crucial evidence like phone records and app data can disappear over time.
Contact our Orange County rideshare accident attorneys at Hicks Law Firm, PC for a free consultation. We’ll review your case, explain your legal options, and help you pursue the compensation you deserve for your injuries, medical bills, lost wages, and pain and suffering. Call Hicks Law Firm today at 949-541-9944.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
