Rideshare Accidents Involving Pedestrians in California: Your Legal Rights

The insurance coverage available after a rideshare pedestrian accident depends entirely on the driver's status at the time of the collision. Uber and Lyft operate under a tiered insurance system mandated by California law, with coverage amounts varying based on whether the driver was offline, waiting for a ride request, or actively transporting a passenger.

When a rideshare driver is logged into the app but hasn't accepted a ride request (Period 1), limited liability coverage of $50,000 per person and $100,000 per accident applies. Once the driver accepts a ride request or has a passenger in the vehicle (Periods 2 and 3), $1 million in liability coverage becomes available. Understanding which period applies to your accident is essential for maximizing your compensation.

If the rideshare driver was offline or using their vehicle for personal reasons, only their personal auto insurance applies—which may be inadequate to cover serious pedestrian injuries. This is why working with a rideshare accident attorney who can thoroughly investigate the driver's app status is critical to your case.

Rideshare drivers face unique distractions that increase the risk of pedestrian accidents. Constantly monitoring their smartphones for ride requests, navigating unfamiliar routes, and focusing on passenger interactions can divert attention from pedestrians in crosswalks, at intersections, and in parking areas.

Distracted driving is the leading cause of rideshare pedestrian accidents. Drivers checking their phones for new ride requests, adjusting GPS navigation, or communicating with passengers often fail to notice pedestrians entering crosswalks or walking along roadways. Distracted driving accidents involving rideshare vehicles frequently result in severe injuries because drivers have little time to brake or take evasive action.

Other common causes include speeding to reach passengers quickly, making illegal U-turns or sudden stops for pickups and drop-offs, failing to yield at crosswalks, driving in bike lanes or on sidewalks to navigate traffic, and operating vehicles in unfamiliar neighborhoods without adequate attention to pedestrian activity. Each of these scenarios can establish driver negligence and support your compensation claim.

California Vehicle Code provides strong protections for pedestrians, establishing clear right-of-way rules that drivers—including rideshare operators—must follow. Under California law, drivers must yield to pedestrians in marked and unmarked crosswalks, exercise due care for pedestrian safety at all times, and reduce speed when approaching pedestrians.

When a rideshare driver violates these right-of-way laws and strikes a pedestrian, they can be held liable for resulting injuries. California follows a comparative negligence system, meaning even if you bear some responsibility for the accident (such as crossing outside a crosswalk), you can still recover damages reduced by your percentage of fault.

Rideshare companies can also face liability under California's transportation network company regulations, which impose specific safety requirements on Uber and Lyft. If a company failed to properly screen a driver, allowed an unsafe vehicle on the road, or violated state regulations, you may have grounds for a claim against the company itself in addition to the driver. Our personal injury attorneys can evaluate all potential sources of liability in your case.

Pedestrians struck by rideshare vehicles often suffer catastrophic injuries due to the lack of protection against the force of impact. Even low-speed collisions can result in serious harm when a 3,000-pound vehicle strikes an unprotected person.

Common injuries include traumatic brain injuries from head impact with the vehicle or pavement, which can cause long-term cognitive impairment and require extensive rehabilitation. Brain injury cases involving rideshare accidents often result in substantial compensation due to the permanent nature of these injuries and their impact on quality of life.

Spinal cord injuries and paralysis can occur when the impact causes damage to the vertebrae or spinal column. Spinal cord injury victims may face lifetime medical care needs, mobility limitations, and significant lifestyle changes. Other serious injuries include broken bones and fractures, particularly to the legs, pelvis, and ribs; internal organ damage and internal bleeding; severe road rash and soft tissue injuries; and whiplash and neck injuries from the sudden impact. The severity of these injuries often necessitates immediate emergency care, multiple surgeries, and long-term rehabilitation.

Building a strong rideshare pedestrian accident case requires thorough investigation and evidence collection. Unlike standard pedestrian accidents, rideshare cases involve additional layers of complexity, including determining the driver's app status, identifying applicable insurance coverage, and establishing the rideshare company's potential liability.

Critical evidence includes the rideshare driver's app records showing their status at the time of the accident, police reports documenting the collision and any traffic violations, witness statements from bystanders who observed the accident, surveillance or dashcam footage from nearby businesses or vehicles, and medical records documenting your injuries and treatment. Your attorney should also obtain the driver's employment and safety records, vehicle maintenance records, and the rideshare company's policies and procedures.

Time is essential in preserving this evidence. Rideshare companies may quickly delete app data, witnesses' memories fade, and surveillance footage is often overwritten within days or weeks. Contacting a car accident lawyer near you immediately after your accident ensures that crucial evidence is preserved and your rights are protected from the start.

Victims of rideshare pedestrian accidents in California may be entitled to substantial compensation for both economic and non-economic damages. The value of your claim depends on the severity of your injuries, the impact on your life, and the available insurance coverage.

Economic damages include all past and future medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment; lost wages and loss of earning capacity if your injuries prevent you from working; property damage to personal belongings damaged in the accident; and costs of home modifications or assistive devices if you suffer permanent disabilities.

Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement and scarring, and loss of consortium for family members affected by your injuries. In cases involving catastrophic injuries that permanently alter your life, non-economic damages can significantly exceed economic losses. California does not cap non-economic damages in personal injury cases, allowing juries to award compensation that truly reflects the harm you've suffered.

After a rideshare pedestrian accident, you'll likely face contact from multiple insurance companies—the rideshare driver's personal insurer, Uber or Lyft's commercial insurer, and possibly your own insurance company. Each insurer has one goal: minimizing the amount they pay on your claim.

Insurance adjusters may employ various tactics to reduce your compensation, including offering quick settlements before you understand the full extent of your injuries, claiming you were partially at fault for the accident, arguing the driver was offline and therefore not covered by rideshare insurance, or disputing the severity of your injuries and the necessity of your medical treatment.

Never provide a recorded statement to an insurance company without first consulting an attorney. Anything you say can be used to devalue or deny your claim. Similarly, never accept an initial settlement offer without having an experienced personal injury attorney review it. Early offers rarely account for long-term medical needs, future lost wages, or the full value of your pain and suffering. Our attorneys handle all communications with insurance companies, protecting your rights while we build the strongest possible case for maximum compensation.

The process of pursuing compensation after a rideshare pedestrian accident typically follows several stages, beginning with immediate medical treatment and evidence preservation. Your health is the top priority, and seeking prompt medical care also creates documentation of your injuries that supports your claim.

Once you've retained legal representation, your attorney will conduct a thorough investigation, identify all liable parties and applicable insurance policies, and send demand letters to the responsible parties outlining your injuries and damages. The insurance companies will then investigate the claim and respond with settlement offers or denials.

If initial negotiations don't result in fair compensation, your attorney may file a lawsuit to pursue your claim through the court system. Many cases settle during litigation before trial, but having an attorney prepared to take your case to trial demonstrates your commitment to obtaining full compensation and often leads to better settlement offers. Throughout this process, which can take months or even years for complex cases, your attorney handles all legal procedures while you focus on recovery. Cases involving back and neck injuries or other serious harm often require extended treatment before the full extent of damages can be determined.

Determining whether to pursue a claim against the rideshare driver, the rideshare company, or both is a critical strategic decision that affects the available insurance coverage and potential compensation. In most cases, the driver's negligence forms the basis of liability, but the rideshare company may also bear responsibility under certain circumstances.

Rideshare drivers are generally classified as independent contractors rather than employees, which limits the companies' vicarious liability for driver negligence. However, Uber and Lyft can still be held liable if they negligently hired a driver with a dangerous driving record, failed to properly maintain safety standards, violated California transportation network company regulations, or their app design or policies contributed to the accident.

The practical reality is that pursuing the rideshare company's $1 million insurance policy (when applicable) provides far greater compensation potential than relying solely on a driver's personal insurance. An experienced attorney will identify all possible theories of liability to access the maximum available coverage. This is particularly important in cases involving broken bones and fractures or other injuries requiring extensive medical treatment and long-term care.

Crosswalk and intersection accidents involving rideshare vehicles present unique liability issues. California law provides strong protections for pedestrians in crosswalks, requiring drivers to yield the right-of-way to pedestrians in both marked and unmarked crosswalks at intersections.

Rideshare drivers frequently violate these laws while distracted by their phones or rushing to reach passengers. Common scenarios include failing to stop for pedestrians in crosswalks while making right turns, running red lights or stop signs while checking the app for ride requests, and making illegal U-turns at intersections to reach pickup locations. Each of these violations establishes clear driver negligence and strengthens your compensation claim.

Even if you were crossing outside a designated crosswalk, you may still recover compensation under California's comparative negligence system. The driver's duty to exercise reasonable care for pedestrian safety applies regardless of where the accident occurred. Our attorneys have successfully represented clients in pedestrian accident cases involving various crossing scenarios, securing compensation even when insurance companies initially claimed the pedestrian was at fault.

California's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit against the responsible parties. This deadline is strictly enforced—if you miss it, you lose your right to pursue compensation through the courts, regardless of how strong your case may be.

While two years may seem like ample time, the complexity of rideshare accident cases means you should begin the legal process as soon as possible. Early action allows your attorney to preserve critical evidence, identify all liable parties and insurance policies, and begin negotiations while the accident is fresh in witnesses' minds.

Certain circumstances can modify the standard two-year deadline. If the accident involved a government vehicle or occurred on government property, you may need to file an administrative claim within six months. If the victim is a minor, the statute of limitations may be extended until their 18th birthday. However, waiting to pursue a claim is never advisable—evidence deteriorates, witnesses become unavailable, and insurance companies become less willing to negotiate as time passes. Contact our experienced injury lawyers today for a free consultation to discuss your case and ensure your rights are protected.

Rideshare pedestrian accident cases involve legal complexities that general personal injury attorneys may not fully understand. The unique insurance structure, the classification of rideshare drivers as independent contractors, and the specific regulations governing transportation network companies in California all require specialized knowledge and experience.

An attorney experienced in rideshare accidents knows how to obtain critical app data from Uber and Lyft, navigate the tiered insurance system to access maximum coverage, counter insurance company tactics specific to rideshare claims, and identify all potential sources of liability and compensation. They also understand how to value claims involving serious injuries like those seen in head-on collisions or other high-impact accidents.

At Hurt Advice, our attorneys have handled hundreds of rideshare accident cases, securing millions in compensation for injured pedestrians. We work on a contingency fee basis, meaning you pay nothing unless we win your case. Our track record speaks for itself—see our case results and client testimonials to learn how we've helped others in situations similar to yours. Don't face the insurance companies alone—contact us today for a free, no-obligation consultation to discuss your rideshare pedestrian accident claim.