Gershen Law Office
El Cajon Rideshare Accident

Trusted El Cajon Rideshare Accident Attorneys Fighting For Justice

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Being in a car accident in San Diego can turn your life upside down. Mounting medical bills, loss of work, physical pain is just the start. Michelle understands what you are going through and will help you quickly. Call her now at (619) 492-5526 and let her answer all of your questions. You won’t have to pay her a dime out of your own pocket, Michelle covers it all for you.

El Cajon Rideshare Accident Attorneys

When you get an Uber or Lyft in El Cajon, safety should be a guarantee. That’s not always what you get, though. Rideshare crashes are on the rise in East County. Whether the crash took place on Main Street, the I-8 freeway, or at Parkway Plaza, a lapse in attention can result in severe injuries and long-term harm. Indeed, a recent report by the National Highway Traffic Safety Administration (NHTSA) points to how distraction and fatigue of rideshare drivers have led to thousands of accidents annually.

At Gershen Law, our El Cajon rideshare accident attorneys move quickly. We preserve critical evidence, challenge insurance loopholes, and fight to recover every dollar you deserve. Our attorneys understand the complex insurance systems behind Uber and Lyft claims—and we will not hesitate to fight billion-dollar companies to defend your rights.

Time is of the essence. The longer time passes, the harder it will be to obtain the full compensation that you are owed. That’s why our El Cajon Uber and Lyft accident lawyers are ready to spring into action when you contact them. We’ll do battle on your behalf so you can focus on recovering.

Leading Causes of Uber and Lyft Crashes in El Cajon

Rideshare accidents in El Cajon happen for many reasons—but most of them trace back to preventable driver error. From distracted drivers to unsafe drop-off zones, these incidents often occur in busy areas like Parkway Plaza, Main Street, and Magnolia Avenue. As East County continues to grow, so does the demand for Uber and Lyft services—putting more pressure on drivers and increasing the risk of serious crashes.

At Gershen Law, our El Cajon Uber accident lawyers investigate each case with precision. We identify every contributing factor and hold all negligent parties accountable.

Distracted Driving Behind the Wheel

Uber and Lyft drivers rely heavily on mobile apps. However, constant app use creates dangerous distractions. Many drivers glance at their phones while navigating, accepting rides, or messaging passengers. According to the CDC’s distracted driving data, even a few seconds of inattention can be deadly. In high-traffic corridors like Jamacha Road or near the El Cajon Transit Center, a momentary distraction can cause a devastating collision.

Speeding to Maximize Fares

Rideshare drivers often race to complete trips and accept the next one. This dangerous behavior increases the odds of high-speed crashes—especially in tight streets or during school rush hours. El Cajon’s busy intersections, such as Washington Avenue and East Main Street, frequently become hotspots for speed-related Lyft and Uber wrecks. Speeding also reduces reaction time, leaving little room to avoid collisions.

Fatigue From Long Shifts

Many drivers work long hours without rest, juggling rideshare work with other jobs. Fatigue dulls reaction time and decision-making, yet it remains common among gig drivers. The Federal Motor Carrier Safety Administration (FMCSA) outlines how exhaustion dramatically raises crash risks, especially during early morning and late-night hours. Our El Cajon Lyft accident attorneys often uncover evidence that drivers exceeded safe limits.

Inexperience and Navigation Errors

El Cajon’s mix of commercial and residential neighborhoods can confuse out-of-town or new drivers. Inexperienced rideshare drivers may rely too heavily on GPS, leading to sudden stops, illegal turns, or wrong-way driving. Locations near Grossmont College, residential areas like Fletcher Hills, and downtown El Cajon all see a higher rate of navigation-related accidents.

Unsafe Pickups and Drop-Offs

Picking up or dropping off in unsafe locations is one of the most overlooked dangers in the rideshare industry. Some drivers stop abruptly in red zones, block driveways, or obstruct traffic flow. This practice endangers not just passengers, but also other vehicles, cyclists, and pedestrians. Our firm documents these violations and uses them to establish fault.

Determining Who Is Liable After an Uber or Lyft Accident in El Cajon

Determining fault in an El Cajon rideshare crash is not as simple as pointing to one driver. These cases involve complex questions about driver status, corporate responsibility, and layered insurance coverage. Because liability can shift in seconds based on app activity or passenger status, early legal intervention is critical.

At Gershen Law, our El Cajon rideshare accident attorneys dig deep into every detail. We identify all responsible parties and aggressively pursue every available source of compensation.

Liability Changes Based on App Status

In every Lyft or Uber crash, the first step is identifying whether the rideshare driver was actively working at the time of the collision. Uber and Lyft structure their insurance policies based on “periods” of app use, and each period carries different legal implications:

App Off (Period 0)

If the driver was not logged into the rideshare app, the case is treated like any standard car accident. The driver’s personal auto insurance is the only source of recovery. These policies often carry low limits, making it harder to collect substantial damages.

App On, No Ride Accepted (Period 1)

Once a driver logs in but has not accepted a ride, Uber and Lyft provide limited liability coverage. This includes up to $50,000 per injured person and $100,000 per accident. However, it only applies if the driver’s personal insurance denies the claim.

Ride Accepted or Passenger Onboard (Periods 2 and 3)

The moment a ride is accepted—or a passenger enters the car—Uber and Lyft’s $1 million commercial policy goes into effect. This policy covers passengers, other drivers, cyclists, and pedestrians harmed in the crash. It also includes uninsured/underinsured motorist coverage, which is essential when the at-fault party lacks adequate insurance.

Explore Lyft’s California coverage guide for a breakdown of these insurance periods.

Determining which coverage applies is often contested. Uber and Lyft frequently attempt to downplay or delay driver status. That’s why our team sends legal preservation letters immediately—to lock down app data, trip logs, and driver communications before they’re altered.

Multiple Parties May Be at Fault

Most Uber and Lyft accidents in El Cajon involve more than just one at-fault individual. Several parties may share liability, each with their own insurance coverage. When we handle these cases, we investigate all possible sources of negligence, including:

  • Rideshare drivers for distracted driving, speeding, or traffic violations
  • Other drivers who caused a chain reaction or failed to yield
  • Uber or Lyft for failing to properly screen drivers with poor safety records
  • Vehicle manufacturers if defective parts (brakes, airbags, tires) contributed to the crash
  • Cities or counties responsible for dangerous road conditions or broken traffic signals near high-risk zones like Main Street, Washington Avenue, or Greenfield Drive

By identifying every liable party, we significantly expand the compensation available to our clients. This is especially important in high-damage cases involving medical trauma, lost wages, and long-term disability.

Proving Liability Requires Immediate Action

Even when it’s obvious who caused the crash, proving liability requires swift action and expert legal guidance. Rideshare companies, insurers, and defense attorneys work quickly to shift blame or minimize payouts. They may argue the driver was off-duty or claim that you caused the crash.

To protect your case, our El Cajon Uber accident lawyers take the following steps right away:

  • Preserve app records including timestamps, ride receipts, and communication logs between driver and passenger
  • Collect traffic camera footage and nearby surveillance videos from businesses near the crash site
  • Interview witnesses and gather law enforcement reports from the El Cajon Police Department
  • Secure black box and GPS data from the rideshare vehicle
  • Review dashcam footage from all vehicles involved (when available)

These efforts allow us to build a timeline of the crash that insurance companies cannot dispute. With hard evidence, we hold rideshare corporations and negligent drivers accountable.

Can You Sue Uber or Lyft Directly After a Crash in El Cajon?

After a serious Uber or Lyft accident, many victims wonder if they can take legal action against the rideshare company itself. It’s a fair question—and an important one. Unfortunately, the answer is more complicated than most expect. In most cases, you cannot sue Uber or Lyft directly for the driver’s actions. However, that does not mean they are entirely off the hook.

Our El Cajon rideshare accident attorneys know how to investigate deeper. If corporate negligence played a role in your crash, we pursue every legal angle to hold them accountable.

Why Uber and Lyft Usually Avoid Direct Liability

Both companies classify their drivers as independent contractors, not employees. This allows them to avoid traditional employer responsibilities in most injury claims. Because of this structure, rideshare companies typically deny liability when their drivers cause harm, arguing that the driver—not the company—is responsible.

However, Uber and Lyft are still required to carry substantial commercial insurance policies that apply in many crashes. Our team aggressively targets these policies, even if we cannot file suit directly against the rideshare corporation in every case.

🔗 For more background, review Nolo’s legal guide on Uber accident liability.

When Uber or Lyft May Be Held Directly Responsible

While rideshare companies hide behind contractor classifications, there are still situations where they can be held directly liable for damages. These include:

Negligent Hiring or Driver Retention

If Uber or Lyft allowed a driver with a history of DUIs, reckless driving, or serious criminal convictions to operate, they may be liable for negligent hiring or retention. Our attorneys obtain internal records and safety reports to expose dangerous hiring practices.

Failure to Enforce Safety Protocols

When rideshare companies fail to enforce key safety procedures—such as background checks, annual driving record reviews, or complaint monitoring—they can be held responsible for creating unsafe conditions.

App Design That Encourages Unsafe Driving

Uber and Lyft apps push drivers to accept rides quickly, even while in motion. In some cases, the design of these platforms may encourage unsafe driving behavior. If app distractions contributed to the crash, we may argue that corporate negligence played a direct role.

Our Lyft and Uber accident lawyers in El Cajon know how to challenge these corporate defense tactics. We build strong cases by using digital ride data, employment records, and expert legal strategy.

If you were seriously hurt in a rideshare crash, don’t assume your only option is to file against the driver. Let our team investigate. If there’s a way to hold Uber or Lyft directly responsible, we will find it—and fight for the compensation you deserve.

Legal Deadlines for Filing a Rideshare Injury Claim in California

After a rideshare accident in El Cajon, you may feel overwhelmed—dealing with injuries, medical bills, and insurance adjusters. But there’s one detail you cannot afford to ignore: California’s strict legal deadlines. If you wait too long to file your claim, you may permanently lose your right to recover compensation.

At Gershen Law, our El Cajon rideshare accident attorneys help clients act quickly. We handle the paperwork, gather evidence, and ensure your claim is filed on time.

The Statute of Limitations in California

In most personal injury cases, including Uber and Lyft crashes, California gives you two years from the date of the accident to file a lawsuit. This is known as the statute of limitations.

If you file after the two-year deadline, the court will almost certainly dismiss your case—no matter how strong the evidence is or how severe your injuries are.

Exceptions That May Shorten the Deadline

Some cases involve special circumstances that can significantly shorten this window. For example:

  • If a government vehicle or public entity was involved (such as a rideshare crash with a city bus or on poorly maintained public roads), you must file a government claim within 6 months of the incident.
  • If the victim is a minor, the deadline may be extended—but only in certain situations.
  • In wrongful death cases, the clock generally starts on the date the person passed away—not necessarily the accident date.

That’s why it is critical to speak with an experienced attorney immediately. We assess your unique situation and make sure you never miss a key deadline.

📚 Learn more about California’s personal injury timelines from the California Courts official website.

Why Acting Quickly Gives You a Stronger Case

Even though you technically have two years, you should not wait. Crucial evidence can disappear within days after an El Cajon rideshare accident. Surveillance footage may be erased. GPS and app data could be overwritten. Witnesses might forget important details.

At Gershen Law, we take immediate steps to preserve:

  • Digital ride records and GPS logs
  • Police reports from the El Cajon Police Department
  • Traffic camera or business surveillance footage
  • Vehicle inspection records and black box data

Delaying action weakens your case. Acting fast strengthens it.

Don’t leave your future to chance. If you were hurt in a Lyft or Uber accident in El Cajon, speak to our legal team today. We’ll confirm your timeline, protect your rights, and take the pressure off your shoulders—so you can focus on healing.

Rideshare Accident FAQ: What El Cajon Victims Need to Know

If you’ve been injured in a rideshare crash, getting answers fast can make all the difference. At Gershen Law, our El Cajon rideshare accident attorneys are committed to transparency and guidance. Here, we address the most common questions rideshare victims ask us—and explain what steps you need to take next.

What Should I Do Right After a Rideshare Accident?

Start by protecting your health. Call 911, accept medical evaluation at the scene, and visit a trusted facility like Sharp Grossmont Hospital immediately—even if you feel fine. Some injuries, such as concussions or soft tissue damage, may not be immediately visible.

Next, document the scene. Take photographs of vehicle damage, road conditions, your injuries, and any Uber or Lyft identifiers. Report the incident directly through the rideshare app and request a police report from the El Cajon Police Department.

Most importantly, do not speak to insurance adjusters without legal counsel. Their job is to protect corporate profits—not your future. Let our team take over negotiations while you focus on recovery.

Who Pays for My Injuries After a Lyft or Uber Crash?

Responsibility depends entirely on what the driver was doing at the time of the crash. If they were transporting a passenger or en route to a pickup, Uber or Lyft’s $1 million liability policy should cover your damages. If they were logged in but hadn’t accepted a ride, you may still be covered—but with significantly lower policy limits.

If the rideshare driver was off-duty, only their personal auto insurance applies. This can create challenges if they carry minimal coverage. At Gershen Law, we uncover every applicable policy to ensure no dollar is left on the table.

🔗 For an overview of Uber’s policy, visit Uber’s Insurance Overview.

Can I File a Claim If I Was a Rideshare Passenger?

Yes. In fact, as a passenger, you are almost always viewed as blameless in the eyes of the law. Whether your Uber or Lyft driver was responsible or another driver caused the crash, you are entitled to compensation. You may even have access to multiple insurance policies, including Uber/Lyft commercial coverage and third-party liability insurance.

Our El Cajon Uber accident attorneys handle everything—from insurance filings to medical documentation—to make sure you recover the full amount for medical bills, lost earnings, pain and suffering, and future care.

What Happens If Another Driver Caused the Crash?

If another vehicle was responsible, you still have legal options. You can file a claim against the third-party driver’s insurance, just like in a typical car accident. However, if that driver lacks insurance—or doesn’t carry enough—Uber or Lyft’s uninsured/underinsured motorist (UM/UIM) coverage may still apply to protect you.

Our attorneys pursue both avenues aggressively and handle all communications, so you don’t get caught between two finger-pointing insurers.

How Long Will It Take to Resolve My Case?

While each case is different, most rideshare injury claims take several months to a year. The timeline depends on the severity of your injuries, the clarity of liability, and how cooperative the insurance companies are.

We never rush into lowball settlements. Instead, we build strong, evidence-backed cases and push for the compensation you truly deserve—even if that means going to court. Throughout the process, we keep you informed and prepared.

Can I Still Recover If I Was Partially at Fault?

Yes, you can. California follows a pure comparative negligence system, which means your compensation will be reduced by your percentage of fault—but not eliminated. For example, if you were found 20% responsible for a crash, your final award would be reduced by 20%.

Insurance companies often try to exaggerate your role to lower your payout. Our El Cajon Lyft accident attorneys work to shift the focus back where it belongs—on the parties who caused the crash.

📘 Learn more about comparative fault at the California Department of Insurance.

Do I Need a Lawyer for a Minor Uber Accident?

Yes—especially if you’re dealing with whiplash, headaches, or other “invisible” injuries. Even minor rideshare crashes can lead to chronic pain, missed work, or delayed symptoms. Insurance companies will often offer a quick settlement that seems fair—but rarely accounts for long-term care, emotional trauma, or lost earning capacity.

Hiring a lawyer ensures your rights are protected from the start. At Gershen Law, we take over every aspect of your case so you can focus on what matters: healing.

Contact Our El Cajon Rideshare Accident Attorneys Today

After a serious Uber or Lyft crash, time is not on your side. Evidence disappears quickly, witnesses move on, and insurance companies begin building their defense immediately. You deserve a legal team that’s already one step ahead.

At Gershen Law, our El Cajon rideshare accident attorneys act fast to protect your rights, preserve critical evidence, and fight for maximum compensation. We don’t just handle rideshare claims—we command them with courtroom experience, local insight, and aggressive negotiation strategies.

From injuries near Parkway Plaza to crashes on I-8, we know the East County landscape, the insurers involved, and how to win these cases.

  • No fees unless we win
  • Free consultations
  • Personalized legal attention from day one

Call (619) 492-5526 now to speak directly with a legal professional.
Or contact us online to schedule your free case review today.

Reviews for Michelle Gershen

Michelle Gershen is a wonderful lawyer. She helped me step by step with my neck injury from a motor vehicle accident. I would highly recommend hiring her if you are in need of a lawyer. If I could give more than five stars I would.

Jenna M.

Personal, professional, responsive! All Attorneys should be like Michelle! She got my case taken care of and helped me when I needed it most. I would highly recommend her to anyone!

Annette M.

She will fight long and hard for your best interest! Michelle is the 3rd attorney I have worked with, and what a relief it was to have landed in her care. She kept me informed every step of the way, was extremely confident, professional, and organized. She is truly exceptional at what she does and it felt like my friend was working for me.

Joseph P.

I was lucky enough to meet Michelle at my last job. I have always found her to be helpful, supportive, and very responsive. Everyone I have referred to Michelle has been extremely pleased with her professionalism and caring demeanor. As a sole practitioner, she has the ability to react quickly when needed, and she is always cost-conscious.

Amy G.

San Diego

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