When a rideshare driver (e.g., Uber or Lyft) hits a pedestrian in Los Angeles, the claim is governed by a layered insurance and liability framework unique to the Transportation Network Companies (TNCs) under California law. Unlike a standard car accident case, determining who is liable and which insurance policy applies depends on the rideshare driver’s app status at the moment of the crash.
A Los Angeles pedestrian accident lawyer at Salamati Law has the experience necessary to navigate these complex claims and negotiate with rideshare insurance companies to pursue compensation for your losses and damages. We protect your rights and fight for you while you focus on recovery.
How Uber and Lyft Insurance Coverage Works in California
California regulates the rideshare insurance of companies like Uber and Lyft (TNCs) through the California Public Utilities Commission (CPUC) under Public Utilities Code §5433. The law divides coverage into three periods based on what the driver’s app status was at the moment of the crash, not on who was hurt.
- Driver offline: The driver’s personal auto insurance applies. Personal policies typically exclude commercial use, so a driver who’s logged out of the app is treated the same as any other private motorist.
- Driver logged in, waiting for a ride request: The rideshare company must provide at least $50,000 per person and $100,000 per incident for death and injury, plus $30,000 for property damage.
- Driver en route to a pickup or transporting a passenger: Coverage rises to $1 million in primary liability insurance.
For a pedestrian struck by a rideshare driver, determining which of these three periods applied is often the central issue in the claim. Unlike a passenger, whose presence in the vehicle proves a ride was already accepted, a pedestrian has no way to know from the scene alone whether the driver was logged in or actively en route.
That determination typically comes from the rideshare company’s own trip data, such as login timestamps, ride-acceptance records, and pickup confirmations, which is one of the reasons these claims often require legal representation to obtain and interpret this data.
Who Is Liable for Pedestrian Accidents Involving Rideshare Vehicles
With any pedestrian accident, liability turns on who breached their duty of reasonable care and caused the collision. In rideshare pedestrian cases, that duty can extend beyond the driver alone.
Driver Negligence
The Uber or Lyft driver is liable when their own conduct caused the accident. Common causes include:
- Distracted driving
- Failure to yield
- Speeding
- Driving under the influence
- Other traffic violations
TNC Liability
Uber and Lyft may also bear responsibility, separate from any claim against the driver. California classifies TNCs as common carriers subject to a heightened duty of care, and companies can face liability for a driver’s on-road negligence during an active ride, in addition to liability for their own conduct in screening and retaining drivers.
The CPUC requires TNCs to conduct criminal background checks, maintain a driver training program, and enforce a zero-tolerance policy on drugs and alcohol. When a driver was inadequately vetted, retained despite red flags, or inadequately trained, that failure supports a direct claim against the rideshare company itself.
Third-Party Liability
Other parties may share fault depending on what caused the crash:
- A vehicle manufacturer or repair facility, if faulty brakes or another mechanical failure contributed to the accident
- The government entity responsible for the roadway, if poor road or crosswalk design, malfunctioning traffic signals, or inadequate maintenance played a role
- Another driver, if a non-rideshare vehicle was involved
Each rideshare pedestrian accident claim is unique, and our attorneys investigate every angle to identify all potentially liable parties.
What Compensation Can an Injured Pedestrian Recover?
California law allows injured pedestrians to recover both economic and non-economic damages from the parties responsible for the accident.
Economic Damages
These cover the calculable financial losses tied directly to the accident:
- Medical expenses, including emergency treatment, surgery, hospitalization, physical therapy, and anticipated future care
- Lost wages for time missed from work during recovery
- Loss of future earning capacity, where the injury affects the victim’s ability to work going forward
- Property damage, such as damage to personal belongings involved in the accident
Non-Economic Damages
These compensate for losses that don’t come with a receipt but are just as real:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life, where injuries prevent the victim from participating in activities they valued before the accident
- Permanent disability or disfigurement, where applicable
Because California follows pure comparative negligence, a pedestrian who is found partially at fault for the accident can still recover damages. However, their compensation is reduced by their percentage of fault, rather than being barred outright.
Steps to Take After Being Hit by a Rideshare Vehicle in Los Angeles
Pedestrian accidents often cause severe injuries, and many victims aren’t in a position to do anything more than rely on the driver or bystanders to call 911. If you’re able to act, the steps below help protect both your health and your claim:
- Seek medical attention immediately, even if you don’t feel badly hurt; some injuries don’t show symptoms right away, and a delay in treatment can be used against you later to argue your injuries weren’t serious or weren’t caused by the accident
- Photograph and video the scene, including vehicle damage, your injuries, weather conditions, and any skid marks or other signs of sudden braking
- Note the rideshare company (Uber or Lyft), the vehicle’s license plate, and the driver’s name if available.
- Get the names and contact information of any eyewitnesses
- Speak only with the police, describe exactly what happened, and avoid admitting fault or speculating about who was to blame
- Report the accident to the California DMV within 10 days, as required by state law, when the accident caused injury, death, or more than $1,000 in property damage
How Salamati Law Builds Your Case
Our team at Salamati Law gathers the trip data, timestamps, and driver records needed to establish the rideshare company’s insurance obligations, along with police reports, witness statements, and physical evidence to prove negligence. This evidence is often the difference between a pedestrian accident claim covered by minimal insurance and one covered by a rideshare company’s full commercial policy.
Schedule a Free Consultation
If you or a loved one was struck as a pedestrian by a rideshare driver in Los Angeles, you don’t have to face Uber, Lyft, and their insurance companies alone. For over 28 years, Salamati Law has fought for pedestrians and injury victims throughout California, securing multi-million dollar settlements and verdicts for our clients.
Our team knows how to untangle the layered insurance and liability questions unique to rideshare accidents, and we know what a fair settlement looks like based on the severity of your injuries and your prognosis.
Schedule a free, no-obligation consultation today or submit our contact form. Because we work on a contingency basis, you pay nothing unless we recover for you. Hablamos Español.
