Proving fault is an essential part of any motor vehicle accident case in California, but it can also be one of the most challenging factors of a vehicle accident case. It’s possible for one party to bear fault for the accident, or multiple parties may share fault for the incident. Comparative negligence in rideshare accidents in California presents additional complications that will require an experienced rideshare accident attorney’s attention.

Understanding Comparative Negligence in Rideshare Accidents in California

California is one of a few states that enforces a pure comparative negligence statute. This statute dictates that, when multiple parties share liability for causing damages, each party must have a fault percentage assigned to indicate their respective levels of liability for those damages. It is possible for multiple defendants to share fault for damages, but it is also possible for a plaintiff and a defendant to share fault.

If multiple defendants share fault, their respective fault percentages will indicate their respective amounts of liability for the damages in question. When a plaintiff is found partially at fault, however, their fault percentage dictates how much of their case award they will lose as a penalty. For example, if the plaintiff is found to be 10% at fault in a $100,000 claim, they would lose 10%, or $10,000, of the case award to account for their shared liability.

The higher the plaintiff’s fault percentage, the more they lose from their case award, but there is no threshold of fault that bars a plaintiff from recovering compensation in a California personal injury claim. This means that it is possible for a plaintiff to be found more at fault than a defendant and still have grounds to claim compensation for a percentage of their total damages.

Comparative Fault in a Rideshare Accident

Navigating the aftermath of a rideshare accident can be more challenging than resolving a standard motor vehicle accident claim in many ways. However, the same fundamental legal rules apply to these cases, and proving fault will be a necessary first step for any rideshare accident victim in California. Comparative fault will begin to apply if more than one party shares fault for the damages cited in the claim.

Recovering from a rideshare accident in California typically begins with proving fault, and then the injured victim can file a claim against the at-fault driver’s auto insurance policy. It’s possible for a rideshare driver’s individual policy to apply, or the rideshare company’s insurance may apply based on the timing of the accident. Some injured victims will need to file personal injury claims if insurance will not fully cover their losses or if auto insurance isn’t a viable method of recovery.

Regardless of what your individual case entails, you have the greatest chance of reaching a positive outcome for your recovery efforts when you have an experienced attorney representing you. Your attorney can assist you in proving fault for the accident. If comparative negligence is a factor in your case, they can explain how this may influence your recovery and help you minimize any fault assigned to you if you contributed to causing the accident.

FAQs

Q: How Is Fault Proven in a Rideshare Accident Case in California?

A: In California, fault can be proven in a rideshare accident case with various forms of physical and digital evidence, along with testimony from witnesses who saw the accident happen firsthand. Evidence that you may need could include drivers’ cell phone records, traffic camera footage, and photos of the scene of the crash after it happened. Your attorney can help you secure witness statements that may be essential for establishing fault.

Q: Is a Rideshare Company Liable for the Negligence of Its Drivers?

A: Under California rideshare laws, a rideshare company could face vicarious liability for the negligence of its drivers if the company failed to follow appropriate background checks and vetting procedures for the driver. It may also be at fault if it neglected to ensure that the driver was qualified to handle their job responsibilities. Rideshare drivers are independent contractors, so vicarious liability does not apply in the same way that it applies to taxi drivers and common carrier drivers.

Q: How Does Comparative Negligence Affect My Case Award?

A: Comparative negligence will only affect your case award if you are found partially at fault for causing your damages. If this applies to your case, your fault percentage will be the percentage of your final case award that you will lose as a penalty to reflect your shared fault. An experienced attorney can help you minimize any fault assigned to you, thus preserving as much compensation as possible from your final case award.

Q: Should I Hire an Attorney After a Rideshare Accident?

A: You should hire an attorney after a rideshare accident if you want to have the greatest chance of success with your legal efforts to recover your damages. The right attorney can assist you with proving fault for your accident, and they can also guide you through the insurance claim filing process more easily than you could manage alone. If you must file a personal injury claim, they can potentially enhance your case award and streamline your proceedings.

Q: Can I File an Insurance Claim If I Was Partially at Fault for the Accident?

A: Yes, it is possible to file an auto insurance claim if you were partially at fault for the accident, but you should expect the insurance company to push back against the claim and offer a very low settlement. California’s pure comparative fault rule will apply to your claim, and you should expect to lose a percentage of your case award equal to the percentage of fault that you hold for causing the accident.

Kreeger Law Firm: Your Rideshare Accident Law Firm

Kreeger Law Firm has extensive experience handling all types of vehicle accident claims, including rideshare accident cases in which multiple parties share fault for the damages in question. If this applies to your situation, we can help. You can trust our team to help you minimize any fault assigned to you and recover as much compensation as possible. Contact us today to schedule a consultation with our firm and learn more about our legal services.