Becoming more popular year after year, ridesharing companies such as Uber and Lyft rake in profits by the billions. However, these companies are also known for being embroiled in numerous controversies. As a result, Uber has paid out well over $100 million in penalties to customers who have been victims of sexual assault or auto accidents with their vehicles, as well as other situations. Currently, the biggest issue facing ridesharing companies is whether their drivers are classified as employees or independent contractors. While this sounds inconsequential, it is anything but that. Should you be involved in an accident with an Uber or Lyft vehicle, how a driver is classified may determine how much liability the company must accept, which in turn may determine how much compensation you as the victim can expect to receive. To gain a better understanding of this issue and how it may apply to your personal injury lawsuit, speak to a personal injury attorney Newport Beach residents trust for sound advice on this matter.
Employee vs. Independent Contractor
As for how courts determine whether a person is an employee or independent contractor for a ridesharing company, several factors are considered. These include whether the person’s job is a key part of the business, how much direct control the company has over the worker’s daily duties, if the company provides a benefits package to the worker, and whether or not the company supplies tools or reimbursements to the worker. If you are involved in a lawsuit where these factors may come into play, rely on ridesharing accident attorneys Newport Beach clients know understand these situations in great detail.
Tort Law and Liability
When accidents of this nature occur, tort law liability plays a large role in determining who will shoulder the majority of the liability to victims. Under tort law, the person responsible for an error, negligent or otherwise, that results in personal injury to another person is considered to be responsible for compensation, which can include various damages such as pain and suffering as well as medical bills or lost income. To ensure you gain proper compensation, consult with Uber accident lawyers Newport Beach looks to due to a track record of success in these cases.
Employee and Independent Contractor Liability
In most instances, employers do not assume liability for any actions of individuals whom they have classified as independent contractors. In these situations, written agreements are usually in place stating the independent contractor acts separately from the company and thus is responsible for their actions. However, workers who are classified as employees create far more liability issues for employers. Should their carelessness, misconduct, or even honest mistakes result in personal injury to others, the employer can be held liable. Since this could greatly determine how much compensation you may receive in a lawsuit, look to Lyft accident lawyers Newport Beach victims trust to fight hard for the protection of their rights in these cases.
Tort Law in California
Unlike many other states, California considers many unique aspects when analyzing regulations and tort law as they apply to these cases. Along with standard aspects of tort law, California also takes into consideration such things as comparative negligence and evidence guidelines, as well as the California Tort Claims Act and the Medical Injury Compensation Reform Act. Since this can make these cases even more complex, always hire the services of Uber and Lyft accident lawyers Newport Beach accident victims trust to do right by them from start to finish.
With the passage of California AB5 by the state’s legislature, the state has set itself apart from previous rulings by the U.S. National Labor Relations Board. Under AB5, rideshare employees for Uber and Lyft are now considered to be employees, meaning accident victims can hold Uber and Lyft directly responsible for their injuries sustained in an accident involving a company vehicle. Since the law will now be on your side in these situations, talk to an injury attorney Newport Beach clients trust for their experience and knowledge of these cases.
Suing for an Uber or Lyft Accident
Though Uber and Lyft will still try to place most of the blame for an accident on the company’s driver, the fact is AB5 does now allow you as an accident victim to hold the company directly responsible for any damages you sustained. When you are preparing to make an injury claim against these companies, make sure you fully understand your rights by speaking to ridesharing accident attorneys Newport Beach relies on for guidance each step of the way.
When you are involved in an accident with an Uber or Lyft vehicle, you will be able to sue the company for various economic damages. Once you have a consultation with Uber accident lawyers Newport Beach victims now understand these cases in great detail, you will discover you can sue for such damages as medical bills, lost wages, and your loss of future earning capacity.
When many accident victims are involved in these situations, they often focus solely on their economic damages. However, they can also sue for non-economic damages that can result in thousands of dollars in additional compensation. These damages usually include pain and suffering, emotional distress, loss of their enjoyment of life, and other related aspects linked to their accident.
What About Punitive Damages?
Though these damages are awarded to accident victims in only about five percent of all personal injury lawsuits, you may still want to speak to your Lyft accident lawyers Newport Beach victims turn to in these matters to find out if they believe you could also receive punitive damages.
Ridesharing Employment Law
Since accidents involving ridesharing vehicles are still somewhat new to many law firms, most lack the in-depth understanding of the nuances involved in these cases. To ensure you get experienced and caring legal professionals working on your ridesharing accident case, schedule a consultation soon with Uber and Lyft accident lawyers Newport Beach trusts at the Nazarian Law Firm.