Alameda Uber Accident Lawyers
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Our Alameda Uber Accident Lawyers Guide Injured Victims Through The Legal Process
Injured while on an Uber trip? Our experienced Alameda Uber accident lawyers are ready to help you seek compensation for your injuries and losses. Reach out to us at (888) 488-1391 for a free case review.
Alameda provides stunning views of the East Bay hills and the San Francisco skyline. However, due to its busy community, the city witnesses more car accidents. These accidents sometimes involve ridesharing services like Uber. Thankfully, injured victims may seek compensation from the negligent party under California law.
If you have sustained severe injuries in an Uber accident, seeking legal counsel from an experienced rideshare accident attorney can be helpful.
Settlement in a bicycle versus taxi cab company accident; client suffered lower leg injuries– JUDD ROSS ALLEN
Why You Need Alameda Uber Accident Lawyers
No matter how small your losses are, getting in touch with an attorney after an Uber accident can be beneficial. Here is a list of reasons why you should hire our Uber accident lawyers in Alameda, CA:
- Evaluate Your Claim
Our lawyers can help with obtaining police reports, interviewing witnesses, and assessing the validity of your claim. We can file a claim for you once we have all the documents and statements. - Negotiate With Insurance Companies
We can handle negotiations with insurance companies on your behalf. Our lawyers can challenge lowball offers and demand compensation on your behalf. Seeking assistance from a lawyer can be beneficial if you have been injured in an Uber accident. - Years of Courtroom Experience
Many car accident victims receive compensation from insurance settlements, but some may need legal action. If the responsible party’s insurer offers a low settlement, filing a lawsuit might be the next step. Our team is here to help you through the process of holding a negligent driver accountable. We can help gather evidence, call witnesses, and build your case to help you seek just compensation under California law. - Help You Meet Legal Deadlines
If you fail to submit your claim on time, you might miss the chance to seek compensation for your suffering, medical bills, and emotional distress. Knowing that personal injury claims have specific time limits in each state is crucial. Our Uber accident lawyers know these legal deadlines, and they can guide you and help you file your claim on time. - Identify Damages You May Pursue
If you are unfamiliar with personal injury cases, you may only know some of the damages you may be entitled to. Our qualified Alameda Uber accident lawyers can assess how the accident has affected aspects of your life. Based on the facts of your case, they can identify the losses you may pursue.
Under Arash Khorsandi, Esq.’s direction, our Alameda injury law firm team brings decades of combined experience, with a focus on helping clients seek compensation for their injuries.
Benefits Of Hiring Our Uber Accident Lawyers
At Arash Law, our attorneys tailor their services to meet the specific needs of each client. They can help with insurance claims or file a lawsuit if necessary. Choosing our Alameda Uber accident lawyers offers several benefits:
- Free Initial Consultation — We offer free case reviews to help you understand your rights and legal options. We can discuss the details of your case and determine if you have a valid claim.
- No-Win, No-Fee Policy — You won’t pay any attorney fees unless we secure compensation on your behalf. However, you may still incur case-related expenses regardless of the outcome. Our lawyers will explain all fees and potential costs before you agree to representation.
- Client-Centric Approach — We are dedicated to offering our clients personalized and comprehensive legal support. Our attorneys advocate for your rights so you can focus on healing.
Frequently Asked Questions
What Is Uber And How Does It Work?
Uber is a transportation company with a user-friendly app that facilitates ride-hailing and driver fare collection. They hire independent contractors as drivers who use their own vehicles to transport passengers. The app connects passengers with these independent drivers.
What Are The Responsibilities Of An Uber Driver?
A rideshare driver’s responsibilities extend beyond driving from point A to point B. Here are some more of the duties of an Uber driver:
- Keep passengers safe by following traffic rules and maintaining a safe environment within the vehicle.
- Greet passengers warmly to foster a positive and comfortable experience for them.
- Choose safe and convenient pickup and drop-off locations.
- Transport passengers to their destinations safely and efficiently. Staying focused on the road, taking the best routes, and adapting driving behavior to guarantee a smooth and secure trip for everyone on board.
- Close each ride properly through the mobile app to complete the transaction and improve data tracking accuracy.
What Happens If My Uber Is In An Accident?
Both you and your Uber driver should notify Uber regarding the rideshare accident, either online via Uber’s website or the app’s Help section.
Information about the accident, including where you were, what happened, and a description of every vehicle involved, will be needed for the reporting process. Uber must also be informed if anyone is injured.
Will Uber Deactivate The Driver For An Accident?
Yes, Uber will deactivate the driver’s account after an accident, especially if the rideshare driver is proven to be at fault.
Does Uber Cover Accidents In Alameda, California?
Yes, Uber covers accidents in Alameda, CA. Uber and Lyft drivers are covered by the company’s liability insurance of up to $1 million, depending on the accident’s details. This insurance is meant to pay for any damages caused by the driver in case of an accident during a ride.
The following coverage limits may apply when an Uber or Lyft driver causes an accident:
- If the driver is signed in to the ridesharing app but has yet to accept a ride request, there is a $50,000 coverage limit in bodily injury per person and $100,000 per accident.
- If the driver has accepted ride requests and is ready to pick up passengers, there is coverage of up to $1,000,000 in bodily injury per accident.
- If the passenger is in the rideshare driver’s vehicle, there is coverage of up to $1,000,000 in bodily injury per accident, limited property damage, and coverage for uninsured motorists.
These amounts are the maximum policy limits. What applies in your situation still depends on the crash details, the extent of the injuries, and how insurance companies evaluate the claim.
How Do I Protect Myself On Uber?
Here are some tips to keep you safe on Uber:
- Make your trip request from a safe location.
Reduce the amount of time you spend outside holding your phone. Instead, request your trip from a safe place and wait until the app shows your driver has arrived. - Check your trip.
Confirm that the license plate, vehicle make and model, and driver photo match what your Uber app lists each time you travel. This will help you get into the right car with the right driver every time. - Ask the driver to verify your identity.
Your driver’s app shows your first name, and yours shows theirs. To safely exchange names, ask the driver, “Who are you here to pick up?” The driver may also ask you to confirm their name for peace of mind. - Take the back seat.
Taking the back seat allows you and your driver to exit on either side of the vehicle without traffic, giving you privacy. - Wear your seat belt at all times.
According to the World Health Organization, using a seat belt is an effective way to prevent injuries and save lives in auto accidents. - Tell your loved ones all the details of your Uber trip.
Notify a friend or family member of your location, license plate number, photo, and Uber driver’s name. Tap the Share Trip Status option in the app. Your trip and ETA will be tracked and sent to them via text or push notification. - Maintain the privacy of your data.
The app anonymizes your phone number when you call or message your driver. It also hides your pickup and drop-off addresses from the driver’s trip history. - Trust your intuition.
Follow your instincts and use your best judgment when riding with Uber. If you ever feel that you’re in an urgent situation, you can call emergency services using the emergency button in your app. - Be considerate and polite.
As outlined in Uber’s Community Guidelines, please respect fellow passengers, your driver, and their car. - Provide trip feedback.
After each trip, you’re asked in the app to rate your trip. Your feedback helps keep Uber safe and enjoyable for everyone. If you ever experience a safety issue on a trip, please report it to Uber.
What Is The Deadline For Filing A Personal Injury Claim In California?
The statute of limitations refers to the time limit within which a lawsuit must be filed. It is crucial to adhere to this deadline, as most legal claims become invalid once the statute of limitations expires. The time limit for filing a lawsuit depends on the type of legal dispute.
The deadline is established in Section 335.1 of the California Code of Civil Procedure. You can file a personal injury case within two years of the date of the injury. However, if the injury was not immediately discovered, the time limit begins only on the date of discovery.
It is important to note that you have six months from the date of the injury to file an administrative claim. There are a few exceptions, though. You can consult a car accident lawyer to identify the legal deadline for your specific case or review sections 911.2 and 905 of the California Government Code.
The government has 45 days to respond to your claim. If the government agency denies your claim after 45 days, you will have a period of six months from the date of the denial to take legal action by filing a lawsuit in court. However, if you do not receive a rejection letter, you generally have two years from the incident to file your claim. Still, it is recommended to talk to a lawyer to determine the time limit for filing claims.
Determining Liability In Uber Accident Cases
Determining liability in ridesharing accidents can be challenging because of the different parties involved. Here’s what you need to know:
Rideshare Driver Liability (Driver At Fault)
While a driver uses a vehicle for ridesharing, their personal insurance policy may not provide coverage. If the rideshare driver causes the accident, the ridesharing company’s insurance may come into play.
Ridesharing Company Liability (Driver At Fault)
Rideshare drivers in California are usually classified as independent contractors, but there are certain cases where ridesharing companies might be held responsible for accidents that involve their drivers. Such is the case under the legal principle of respondeat superior. The Latin expression respondeat superior literally translates to “let the master answer.” Simply put, the company may be liable if a rideshare driver is caught in an accident while on the job.
Other Involved Drivers (Other Drivers At Fault)
Liability may not be limited to the rideshare driver or company. Other drivers involved in the accident may share liability for damages and medical expenses sustained by the injured party.
Recoverable Damages From Uber Accident Injuries
Like other auto accidents, Uber-related traffic collisions can lead to different injuries, ranging from minor to serious injuries. These injuries may include the following:
- Whiplash
- Spinal cord injuries
- Head/brain injuries
- Soft tissue injuries
- Bone fractures
- Burn injuries
- Internal bleeding
- Cuts/lacerations
- Loss of limb/amputation
If you were injured in an Uber accident, you may be able to get compensation, depending on the specifics of your case. However, the amount of each claim will depend on the nature and severity of the accident.
- Medical Expenses — You can seek reimbursement for medical treatment costs related to the accident. You can claim reimbursement for medicines, trauma visits, medical procedures, and checkups related to your injuries.
- Loss of Income — You have the right to file a lawsuit for lost wages if an Uber accident or injury prevents you from going to work.
- Emotional Distress — If the accident caused you emotional distress or suffering, you may file a lawsuit.
- Property Destruction — If your vehicle or property was damaged in the accident, you have the right to sue for the expenses of repairing or replacing it.
- Punitive Damages — In specific situations, punitive damages may be awarded by the court, aiming to punish the party responsible for the Uber and Lyft accident.
Furthermore, if a victim is killed in an Uber accident, the surviving family members can file a wrongful death claim to attempt to recover damages such as:
- Burial and funeral costs.
- Amounts the deceased could have earned as income.
- Compensation for the loss of companionship and support.
What To Do After An Uber Accident In Alameda
In case of an unexpected turn during your Uber ride, staying informed and taking the necessary steps is vital. With ridesharing regulations and laws constantly changing, it is crucial to know your rights if you experience any harm, loss, or damage to property during an Uber accident.
Here are some steps to consider if you are caught in an accident during your Uber trip:
Attend To Any Safety Or Medical Needs.
After an accident, follow these key steps to protect everyone involved:
- Check yourself for injuries and medical needs.
- Examine the other parties for any potential wounds or medical needs.
- Evaluate the surroundings for potential risks, such as oncoming traffic.
- If someone needs medical attention, call for an ambulance.
Remember, all states have Good Samaritan laws protecting individuals offering assistance after an accident.
Report The Incident To The Police And Uber.
Your Uber driver should file professional and legal reports when you are not the one driving. However, it is wise to file your own reports to provide evidence for potential claims or damages.
Police reports for car accidents may require the following:
- All details of the incident, including:
- Date
- Time
- Location of the accident
- Vehicle information
- License plate numbers
- Weather conditions
- Road signs
- Involved Property
- All parties’ ID information, including names, phone numbers, and addresses.
- All parties’ insurance policies.
- Detailed descriptions of any injuries or vehicle damage.
- Photos or camera footage from the scene.
- Sketch or diagram of the vehicle collision.
- Testimonies from witnesses, passengers, and drivers.
- Citations or law violations.
- Official conclusions on the cause of the accident.
- Uber Reports.
Even if its corporate team is not physically present at the scene, the Uber corporation is always involved in Uber car accidents. The rider and driver are encouraged to report the incident to Uber through their app’s “Help” section or by calling Customer Support. Doing so allows the company to initiate investigations and support those affected. Submitting a report to Uber can also strengthen your claim.
Document All Relevant Details Of The Accident.
If you got injured while traveling in an Uber, you might be able to file a claim under Uber’s $1 million accident policy, depending on the facts of your case. However, receiving compensation can be difficult because Uber drivers who cause accidents are classified as independent contractors. That is why passengers have to stay involved in the event of a crash, even though they are rarely held liable.
Gathering as much information as possible for the report, including insurance policies and the time of the crash, is crucial for determining how much Uber will pay for the accident. Additionally, it is necessary to provide the timeline of the Uber accident when filing a claim. Doing so helps determine Uber’s liability coverage for any damages.
- For Uber accidents before a ride request, there is $50,000 coverage in bodily injury per person or $100,000 in bodily injury per accident, plus $25,000 in property damage per accident.
- The coverage for accidents during pickup or travel is up to $1,000,000 in damages.
Take Legal Action If Necessary.
Hiring an Uber accident lawyer is beneficial if you are injured in an Uber accident. For minor injuries, legal action may not be required. Nevertheless, it is advisable to consult with a car accident lawyer if you have incurred any loss due to the accident, regardless of its magnitude.
If a lawyer advises you, file an Uber accident claim for damages from:
- Lost working time.
- Damaged or lost items.
- Healthcare costs or hospital bills.
- Property damage.
- Resulting conditions from the accident (PTSD, anxiety, chronic pain, etc.)
Understanding Uber’s Liability Insurance
Uber drivers are considered independent contractors, not regular employees, under California Proposition 22. This means Uber drivers are responsible for carrying their own liability insurance. However, in certain situations, the rideshare company’s insurance policy may come into play. If a driver is fully responsible for an accident, their personal liability insurance may also be involved.
Rideshare drivers in California must have minimum liability coverage, including:
- $30,000 for bodily injury per person.
- $60,000 for bodily injury per accident.
- $15,000 for property damage.
As per California Assembly Bill No. 2293, transportation network companies like Uber must adhere to specific insurance requirements, including:
- Maintaining a $1 million insurance policy that covers personal injury, property damage, and death.
- Providing $1 million in uninsured and underinsured motorist coverage.
- Informing their drivers about the insurance coverage and liability limits provided while actively working and using the rideshare app.
- Informing the drivers that their personal auto policy will not cover the damages in the event of an accident while they are actively working and using the app.
Morales v. Construction Group Staffing (settled on 7/23/2020) – settlement involving a client who was catastrophically injured when he fell from a height of 4 stories down a shaft. This is a record breaking California Workers’ Compensation settlement. Read more about this case on Yahoo! Finance News– TINA ESHGHIEH
Uber Accident Statistics
As ridesharing companies take over the urban transportation market, the likelihood of rideshare accidents also rises. Uber’s safety report states that between 2021 and 2022, there were 153 deaths resulting from 127 fatal car crashes. The company reports one death per 12 million trips during this period.
56% of these fatalities involved at least one dangerous driving behavior. These include speeding, driving in the wrong direction, or driving under the influence of alcohol. According to Uber’s data, third-party alcohol-impaired drivers are responsible for about one-third of Uber-related fatalities.
Among all Uber-related fatalities during that period, 45% involved individuals using the Uber app, which can be broken down into:
- Passengers — 29%, representing about one in every 43,000,000 trips.
- Drivers — 16%, representing about one in every 76,000,000 trips.
Get In Touch With Experienced Alameda Uber Accident Lawyers
Getting injured in an Uber accident in Alameda can be overwhelming. At Arash Law, we understand the impact of a traumatic accident on a victim’s life. Our Alameda Uber accident lawyers are here to guide you through the legal process. We have decades of combined experience and are passionate about assisting victims injured in car accidents.
Wherever you are in Alameda, including Woodstock, West End, West Alameda, Bay Farm Island, and more, our legal team can come to your aid. We also assist clients from other cities and counties nearby, namely Oakland, San Francisco, Fruitvale, Rockridge, Piedmont, Emeryville, Fremont, and beyond.
Call (888) 488-1391 to discuss your case. Our knowledgeable personal injury lawyers are your ally in pursuing compensation under California law.
