August, 2023 | Dolan Law Firm

Ridesharing Safety Tips

This week’s question comes from Helen from San Jose, CA, who asks: I sometimes take an Uber or Lyft to sporting events and concerts because it is very convenient. Sometimes the rides feel awkward because I’m getting into a stranger’s personally owned vehicle. On one occasion, the driver ran a red light. It bothered me, but I did not say anything. I should have. Do you have safety tips while being a passenger in an Uber or Lyft?

Hi Helen,

Yes. There are things you can do to ensure your safety. Here are Dolan Law Firm’s Top Tips for Safety when using any rideshare service like Uber or Lyft.

Utilize the ratings. Always look at a driver’s ratings once the app connects you with a driver. Once matched, you will have the driver’s name, photo, and ratings. Do not accept rides from a driver with low ratings.
Request your ride from a safe location. You should always request the ride from inside and from somewhere safe. Especially when alone, you should remain inside until your driver arrives.
Always keep your phone with you. Do not request the ride from a phone (yours or someone else’s) and then get into the Uber or Lyft vehicle without a phone on your person.
Make sure to get into the car in a safe location that you set. Never run across the roadway, jaywalk, or otherwise cross traffic or endanger yourself by getting into an Uber or Lyft vehicle. Always set the pickup location in an area that allows for your safe loading and ensure the driver picks you up in that location. This guideline ensures your safety and makes sure your driver has the correct information.
Uber and Lyft show you the driver’s name, vehicle model and color, and license plate number. Ensure the driver’s license plate matches the driver you are connected to on the app. If the car matches but not the driver, you should cancel. Likewise, if the driver matches the photo, but the vehicle is different, you should cancel the ride.
Always ensure you are getting in the correct vehicle with the correct driver. As the vehicle is approaching the customized pick-up location, always compare the approaching vehicle with the vehicle information provided in your Uber or Lyft App. Be sure that all the vehicle’s information (make, model, color, and license plate number) match exactly the vehicle picking you up according to what is on your app. Also, when the driver pulls up, asking the driver to state who they are picking up is best. So, you should always ask, “Who are you picking up?” Don’t offer your name. Likewise, always ask the driver to tell you his or her name and ensure it matches the name of the driver you were matched to per the App.
Sit in the backseat and on the passenger side. his gives you space from the driver and the ability to exit the vehicle if needed. Also, confirm before the ride starts that child safety locks are not engaged and that you can open the rear passenger doors.
Always be aware of your surroundings. You should use your own GPS to monitor and follow along during your ride to make sure your driver is traveling in the right direction, especially if you are somewhere you are not familiar with.
Share your location with friends and/or family. There are multiple ways you can do this. First, Uber allows you to share your trip status with others in the app, and the contacts you select will receive a text or push notification that tracks your trip and the estimated arrival time. For Lyft, you can add your trusted contacts to your safety settings. This allows others to see where you are located. Even if you don’t use these features through the Uber and/or Lyft Apps on an iPhone, you can also share your location with others. Alternatively, you can text or call a loved one to notify them of where you are getting in the vehicle, the driver’s information, the vehicle information, your ETA, and your destination. Sending a screenshot of the app can be an easy way to send the information with minimal typing or switching between apps. It does not matter how you do it, but advising others of your whereabouts is important to ensure you arrive at your destination safely.
Never share your information with the driver. You should keep communications through the App. Do not call or text outside of the App. This keeps your information anonymous. Also, you should not give any personal information to a driver, even if they seem friendly or nice.
If you are intoxicated or unable to care for yourself, do not ride alone.
If you feel unsafe, call for help by calling 911. Lyft has a critical response team that is always available. Uber also has a 24/7 response team.
Rate drivers, write reports, and submit complaints if you have a bad experience with a driver. This is necessary for everyone utilizing rideshare companies to remain safe, so Uber and Lyft are notified of dangerous and unsafe drivers.

Written By: Chris Dolan and Eric. St. John

This week’s question comes from Trisha from San Francisco, CA, who asks: I saw a car speeding away from a police run into a fire hydrant and almost hit several people. It turns out it was a stolen car, and the thief ran away from the scene. If someone steals my car and uses it to damage private or public property, will I have to pay for that? Who pays for this type of damage? What if a driver of a stolen car injures me?

Hi Trisha,

On average, in California, nearly 200,000 vehicles are stolen each year. Generally, a real vehicle owner would not be liable when their vehicle is stolen and used in some other negligent or intentional act that harms people or property. To be responsible for someone else’s actions with your motor vehicle, you must have caused the damage in some way, which is rare, or you entrusted (gave permission) to the thief to use your vehicle, which is highly unlikely.

In California, vehicle owners can be held liable for the actions of a third party if they entrusted, or gave permission to use, the vehicle to a third party who is unfit to drive, and that third party then harms someone or something. Entrustment is one way you may be liable for your vehicle being stolen and causing damage. This is one of many reasons why it is recommended to file a police report as soon as you learn that your vehicle has been stolen. Then, file a claim with your insurance company, notifying them of the theft and any damages that may have been incurred to your property. You do not want people to think you gave the thief permission to use your car.

If you are not liable for your vehicle harming others, then who or what is liable? Well, typically, the first place an injured party would look is to the driver. In this case, a thief can be liable for the damage they cause, but in most scenarios, the thief is either:

unable to be found,
uninsured, or
has no money to pay for the damage they caused. So even though they are liable for the damages, the parties involved should be looking elsewhere to get compensation for any damages they incurred.

Which leads us to a very important part of your question, who pays for this type of damage?

Who pays for damage caused by a stolen vehicle depends almost entirely on what type of insurance policies the involved parties have and what those insurance policies cover. The first option would be to seek coverage through any of the thief’s insurance policies if they have any. This is done by setting up a claim with their insurance. The victim of the theft can file a claim for property damage, and the victim of any injuries caused by the driver of the stolen vehicle can file for personal injury and property damages. If it gets complicated, you should talk to an attorney who can help you navigate the insurance world.

In most cases, the thief either has no coverage or does not have enough coverage, so the parties involved will have to look to their insurance policies to find coverage. In some circumstances, the injured parties don’t have any recourse for the damages to be covered. If this is the case, speak to an attorney to see if anything may exist before giving up.

Most commonly, especially in California, people carry vehicle liability insurance. Liability insurance generally covers bodily injury and property damages caused to other parties when you are at fault in a collision. This insurance type does not cover your damages when you are liable and does not typically apply to a stolen vehicle in any situation.

Another form commonly found within liability insurance is Uninsured / Underinsured motorist coverage. This acts similarly to liability insurance but can cover you when someone else causes injury to you but does not have enough insurance to cover the costs. If a thief driving a stolen car damages someone else in an accident, the company insuring the stolen car will not compensate the injured party because the car was taken without consent. With uninsured/underinsured motorist coverage, the injured party’s insurance company may pay the costs to them if coverage applies. If you are injured by a negligent driver of a stolen vehicle, this insurance will likely cover you. But, if your vehicle is the stolen property, it is unlikely that this will cover the damage to that car.

Collision coverage is a type of insurance that may be able to cover your property damages in the event of a stolen vehicle but is unlikely to cover others’ damages and certainly won’t cover any possible medical expenses from the incident. Comprehensive insurance offers coverage for theft and damages not caused by a collision. This would cover you, but not others, for the cost of repair or replacement if your vehicle is stolen.

The result of a stolen vehicle causing damage is often stressful and difficult to navigate. Although insurance may cover the damage, it tends to be an uphill battle to find any coverage when the damage is caused by a criminal act. We recommend talking to an attorney who is experienced in this field if it ever occurs to you.

For more information on insurance, click here.

Written By Chris Dolan and Monica La

This week’s question comes from Ben from San Francisco, CA, who asks: As I walk around the city, I have to move out of the way of people riding E-scooters on the sidewalk. Why are they allowed on city sidewalks? Do we have regulations that apply to E-scooters like we have for bicycles? For everyone’s safety, it would seem reasonable for people riding E-scooters to keep to the bicycle lanes and wear helmets.

Hi Ben,

Thank you for your question. Micromobility has been on the rise for some time and continues to maintain its popularity as it provides an alternative way for people to achieve their transportation needs, especially in cities like San Francisco, where operating a motor vehicle may not be the most convenient. Electric scooters (“E-Scooters”) are among the many popular and ecologically friendly options contributing to micromobility. However, as its popularity surges, pedestrian safety becomes a concern due to increased pedestrian accidents involving E-Scooters.

Like bicycles, E-Scooters have their own regulations that riders must adhere to maintain safety and prevent injuries and accidents to themselves and others around them, including pedestrians like yourself. Below are some important California Vehicle Codes (“CVC”) that one must obey when operating an E-Scooter in San Francisco:

Speed limits

CVC § 22411 does not allow the operation of an E-Scooter at a speed in excess of 15 miles per hour on all highways, including bikeways, regardless of a higher speed limit applicable to the highway.
CVC § 21235(b) does not allow the operation of an E-Scooter on a highway with a speed limit in excess of 25 miles per hour unless the E-Scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour.

Minors must wear helmets

CVC § 21235(c) prohibits the operation of an E-scooter without wearing a properly fitted and fastened helmet. Recent California legislation only requires those under 18 to comply with this subsection of the vehicle code. However, this does not endorse the operation of a motorized scooter without wearing a helmet, as using a properly fitted helmet can reduce the chances of head injuries in an accident.

License or Permit to Operate

CVC § 21235(d) requires a valid driver’s license or instruction permit to operate an E-Scooter.

No Tandem riding

CVC § 21235(e) prohibits the operation of an E-Scooter with any passengers in addition to the operator. This means that double riding is not allowed, either with another person in the back or in front of the operator while operating the E-Scooter.

Stay off the sidewalks

CVC § 21235(g) prohibits the operation of an E-Scooter on a sidewalk. However, exceptions apply when the operator must enter or leave adjacent property.

Utilization of bike lanes

CVC § 21229 provides the rules of the road, which require E-Scooters to be operated in a class II bicycle lane when it has been established on a roadway and available.
Class II Bicycle Lanes are located on the right edge of a street and have a solid white line on each side. It usually has a bicycle symbol inside the white borders and accommodates one-way riding.

However, exceptions allow an operator of an E-Scooter to move out of the lane under any of the following scenarios:

When overtaking and passing another vehicle or pedestrian within the lane or when about to enter the lane if the overtaking and passing cannot be done safely within the lane.
When completing a left-hand turn
When reasonably necessary to avoid debris or other hazardous conditions.
When approaching a place where a right turn is authorized.

In addition, The San Francisco Municipal Transportation Agency (“SFMTA”) launched a Scooter Safety Campaign in May of 2023 to promote safe and responsible E-Scooter use within the city. SFMTA’s Scooter Safety Campaign applies to both permitted scooter share devices and privately operated scooters. Below are some key takeaways to note:

Sidewalk riding is illegal.
Powered Scooters may not exceed 15 mph.
Tandem Riding is illegal.

To summarize, not only is it reasonable, but it is required by California traffic laws that E-Scooters keep within bicycle lanes where available, which means that one cannot operate their E-Scooter while on the sidewalks. With regards to wearing a helmet when operating an E-scooter, it is required by law that those under 18 years of age wear one. However, regardless of your age and whether the law requires you to, it is in everyone’s best interest to maintain safety practices when operating an E-scooter, including wearing a helmet.

If you are an individual who sustained injuries due to an E-Scooter accident, you may be able to claim damages by seeking legal help from Dolan Law Firm. For more information, you can click here.