Desert Hot Springs Uber Accident Lawyers
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Our Desert Hot Springs Uber Accident Lawyers Can Help You Get Compensation For Your Injuries
Booking a rideshare service like Uber allows you to rest as you travel to your destination and not worry about how to drive home after a few drinks. Although this is true, an Uber accident can cause stress, pain, and suffering. When that happens, call our Desert Hot Springs Uber accident lawyers right away at (888) 488-1391. We’ll help you get compensation from the responsible parties.
There are numerous reasons why locals and tourists are drawn to Desert Hot Springs. Relaxing hot springs spas, guided tours of mesmerizing museums like Cabot’s Pueblo, boutiques, and restaurants on South Palm Canyon Drive are among the best things to do and places to see here. With so many options and limited time to think about parking spots, rideshare services are a great option for a stress-free getaway. However, as demands for them increase, so does the risk of Uber accidents.
Arash Khorsandi, Esq. and his award-winning team of experienced lawyers have been serving Desert Hot Springs and the entire Golden State for decades. We are the top personal injury law firm in California, with seasoned legal professionals who have won over $500 Million in compensation for our thousands of clients.
Settlement in a Under Insured Motorist Claim against ride share company; client suffered spinal injuries– JUDD ROSS ALLEN
Why Choose Our Desert Hot Springs Uber Accident Lawyers For Your Claim?
Unlike other car accidents, an Uber case is different because there are unique laws that might apply. California imposes certain rules specifically for Transportation Network Companies (TNC), which might make determining liability more challenging. Nonetheless, our lawyers have extensive knowledge of ridesharing laws, allowing us to win Uber and Lyft accident cases.
Arash Law is the go-to personal injury law firm in the City of Desert Hot Springs and Riverside County. As we are confident in our experience and abilities in handling Uber accident cases, our Desert Hot Springs attorneys will work with you on a contingency fee basis, which means that we won’t get paid if we don’t win your case. We will exert all our efforts to secure the highest possible compensation for you. We can also connect you with expert doctors in California to fully assess your condition.
Contact us today for a free consultation. Our team is here to help!
Common Causes Of Uber Accidents
Uber drivers are not required to have commercial licenses and, therefore, do not undergo extra training to meet any stringent criteria. This lack of training can lead to errors while driving and result in collisions. However, as we have handled hundreds of cases, we have identified other accident causes, such as:
- Speeding – Uber drivers base their income on the number of trips they make in a day. They are inclined to drive their passengers to their destinations as fast as possible, potentially disregarding the speed limits.
- Distracted Driving – Uber drivers are often distracted by their phone applications while driving. They might have to check bookings, pin destinations on maps, and look at the GPS on their phones while driving. They might also chat or speak with their passengers, increasing the risk of road accidents.
- Driving Under the Influence – Even though Uber strictly reminds its drivers not to drink and drive, some might still use certain substances to help them feel more awake, endangering their passengers and other road users.
- Fatigued Driving – Many Uber drivers are part-timers, and some work at night, so they are usually tired or sleep-deprived when they offer rides. When they’re fatigued, they have reduced concentration and slower reaction times. They might also experience microsleep, which can lead to a fatal car accident.
- Mechanical Error – Uber drivers use and maintain their own vehicles. Due to hectic schedules, car maintenance is often overlooked.
- Poor Road Conditions – In order to get to the passenger’s destination, Uber drivers only rely on maps and GPS. They are often unaware of road hazards like potholes, unclear traffic signs, and construction in the area, which leads to accidents.
If you have recently been injured while riding an Uber in Desert Hot Springs and believe it was due to the driver’s negligence, contact our accident attorneys so we can advise you on how to proceed with your claims.
Common Types Of Injuries Sustained In Uber Accidents
After assisting hundreds of victims, our Desert Hot Springs Uber accident lawyers have observed that whiplash and contusions are the most common injuries. There are, however, some clients who have suffered more severe consequences, requiring more time for recovery and more money for rehabilitation treatments. Some examples are:
- Back injuries
- Spinal cord injuries
- Bone fractures
- Internal injuries
- Severed limbs
- Traumatic Brain Injuries (TBIs)
- Wrongful deaths
Additionally, our Uber accident attorneys in Desert Hot Springs have had some clients who experienced mental trauma. The majority of them are now scared to use a rideshare service for fear of getting into an accident again. Some of them have shown symptoms of mental conditions, like:
- Post-Traumatic Stress Disorder (PTSD)
- Adjustment disorder
- New phobias
- Depression
- Anxiety
Do not hesitate to go to a mental health specialist if you feel any trauma-like symptoms. Do not worry about the fees, too, as we will help you recover them in a claim. We can also refer you to the best psychologists in Desert Hot Springs for therapy if needed.
No matter how minor you think your injury is, you should see a doctor right after an accident. If the paramedics on the scene don’t bring you to the ER, visit the hospital for a complete medical checkup. A medical examination will also reveal any hidden injuries that might pose a risk to your overall health in the future.
Likewise, you should consult an attorney. It is easier to focus on your recovery when you have a legal team by your side to deal with all the details of your case. Trust our Uber accident attorneys in Desert Hot Springs to handle each step, from negotiating with insurers to litigating your case in court.
Who Is Liable For An Uber Crash?
An Uber incident could involve many other parties aside from the driver, including the rideshare company itself, which makes it more complicated than a normal motor vehicle accident.
According to our lawyers in Desert Hot Springs, here are some individuals or companies who might be liable in an Uber accident:
Most of the time, the drivers are at fault because of their misconduct and negligent behavior, such as driving under the influence, disregarding traffic rules, and getting distracted.
Since Uber's drivers are contractors, not employees, it is difficult to hold the rideshare company liable. However, we’ve dealt with cases where the court found Uber to be negligent, such as when they allowed delinquent drivers to drive for them. In this case, the company may also be responsible for compensating the victim.
When another vehicle causes the incident, the driver could be held accountable. If they were driving a car that wasn’t theirs, the owner could also be liable under the permissive use statute (California Vehicle Code Section 17150).
As Uber accidents can arise from mechanical and electrical issues, we might also be able to find fault with the manufacturer of the vehicle or its parts.
What Is Uber’s Insurance Coverage In Accidents?
Uber accidents have different types of insurance coverage, depending on the phase the driver was in during the accident. In general, there are four phases:
The driver is off-duty. If they get into an accident, their personal auto insurance may have to cover the resulting damages.
Example:
An Uber driver, who has not turned on their app yet, was cruising an avenue when they bumped into a bicyclist. The cyclist sustained a dislocated shoulder and lacerations after the hit.
In this case, Uber will not be held accountable as the driver is assumed to be using the car for personal purposes. As such, the company might not have to pay for the cyclist’s damages and losses.
Once the driver has logged into the app, they are on duty and available for passenger bookings. In a collision, Uber’s third-party liability insurance may apply in at least these amounts:
- $50,000 per person per accident
- $100,000 per accident for injuries
- $25,000 per accident for property damage
Example:
An Uber driver had logged into the app but hadn’t yet accepted a booking when a speeding car hit them from behind. The rear-end collision resulted in damage to the rear of the vehicle and injury to a pedestrian.
If the driver’s insurance doesn’t have sufficient coverage, the company’s third-party liability coverage may apply and cover the costs of car repair and the pedestrian’s losses. However, our Desert Hot Springs Uber accident lawyers might also hold the speeding driver accountable for any resulting injury and property damage.
This phase starts when the driver accepts a booking and is on their way to the pick-up point. An accident at this stage might force Uber to provide primary commercial insurance worth up to $1,000,000.
Example:
An Uber driver was rushing on their way to pick up a passenger when they accidentally hit a pedestrian in a crosswalk. This is an example of Phase 2, and Uber could also be held liable for the accident.
If the passenger is in the car at the time of the incident, Uber must provide primary commercial insurance on top of underinsured and uninsured motorist coverage in the amount of $1,000,000.
Example:
An Uber driver has a passenger, and they are on their way to the destination. As the stop light turns red, the driver speeds up and hits a car, causing damage to the other vehicle and whiplash to the passenger.
The Uber driver might be liable for violating traffic laws. As they were in Phase 3, Uber’s liability insurance may also apply if the driver’s personal coverage is insufficient to cover the damages.
Because of the varying factors involved in Uber accidents, it can be hard to identify who is at fault. For this reason, it is recommended that you seek the help of a lawyer before filing a claim. You can speak with our Desert Hot Springs Uber accident attorneys so we can ensure that all negligent parties will be held accountable.
How Does Comparative Negligence Affect My Claim If I Was Partly At Fault?
California is a pure comparative negligence state where the authorities and insurers investigate all parties for possible involvement in an incident. The degree of fault is then assessed based on the percentage contribution of each party to the incident.
The percentage of negligence determines how much each party owes the victim. If a victim is found to be partially responsible, the damages awarded to them will be reduced in proportion to their degree of fault.
To give an example of comparative negligence:
A car exited parallel parking when an Uber vehicle hit it from behind. The driver of the damaged car then sued the rideshare driver. However, after reviewing the CCTV footage, it appears that they did not check the side mirrors before driving. Based on the incident, the court finds them to be 40% liable.
Let’s assume the rear-ended driver is claiming $10,000 in damages. As they are partly responsible, they will only receive $6,000 after deducting $4,000 (40% liability).
If comparative negligence confuses you, our attorneys in Desert Hot Springs can help explain it in connection to your Uber accident. We can also tell right away if there is potential involvement on your part. If there is a slight responsibility on your end, we will still do our best to get the maximum compensation for you.
What Types Of Compensation Are Uber Accident Victims Entitled To?
As an Uber accident victim, you may be entitled to compensation for the damages and losses you’ve suffered, such as hospital bills, doctor’s fees, and rehabilitation costs. These expenses can add up to a significant amount, especially if you require ongoing treatment for long-term conditions or disabilities.
In addition to medical expenses, you may file for lost income if your injuries caused you to miss work. Depending on the type and extent of your injuries, you may also pursue financial compensation for your pain and suffering, which can be both physical and emotional.
The exact amount you’re entitled to depends on a lot of factors. You must seek advice from our qualified attorneys, who specialize in Uber accidents in Desert Hot Springs, to evaluate your case fully.
Why Do Insurance Companies Want To Get Involved In Your Uber Accident Case?
Uber’s insurance company will pay for the victim’s claims, which is why they want to get involved right from the onset of the accident. Nevertheless, they are primarily interested in paying claimants as little as possible. Insurers will use dirty tactics to lowball victims to achieve that.
Over the years, our Desert Hot Springs Uber accident lawyers have heard stories of claimants who handled their cases themselves and ended up with less money than they expected or no money at all. As soon as the insurers get in touch with them, they will start finding loopholes in their phone conversations and using those words against them.
It is common for insurance companies to do whatever they can to blame the victim and reduce the amount they owe. Some of their tactics include hiring private investigators to stalk the claimants, as well as pressuring them into making recorded statements.
Enduring the pain and recovery process is an already difficult undertaking. Getting less to no money, which they rightfully deserve, adds to the overall hardships of the victim. As such, it is always best to consult a lawyer right from the start to protect your rights and your claim.
Should you decide to work with our Desert Hot Springs Uber accident lawyers, you can entrust us to deal with the other party on your behalf so they cannot intimidate you and shift the blame on you. Above all, we will not let you accept any undervalued offer; we will always strive for the highest dollar amount to cover all of your damages.
Steps To Take After An Uber Accident In Desert Hot Springs, CA
Safety should always come first after an accident. Having handled numerous Uber accident cases, our lawyers in Desert Hot Springs have compiled tips that you can follow in case you get into one.
Whether you’re an Uber passenger or in another car, follow these steps:
- Check yourself for any possible injuries. Call 911 for police and EMT assistance.
- Go to a safe area away from passing vehicles if possible. Please do not leave the scene.
- Seek medical help from the paramedics. Then, follow up with a doctor’s visit to fully assess your health condition and check for other potential injuries.
- Start collecting evidence. Take photos and videos of your injuries, your surroundings, and your car’s damage, if applicable.
- Get the name, address, cellphone, email, and insurance details of the Uber driver and other at-fault parties.
- Ask for eyewitnesses. Get their information, and ask if you could contact them to testify or make a statement later.
- Report the incident to Uber, the authorities, and your insurance company.
- Consult with our Desert Hot Springs Uber accident attorneys. We will guide you through the steps you need to take to file your claim.
How To File A Claim After An Uber Accident
Filing an Uber accident claim is a multi-step process, and some steps may require the expertise of our Desert Hot Springs Uber accident lawyers. Here’s how it usually goes:
Report the accident to the police
After ensuring your safety, call the police immediately. You will need a police incident report for your claim. Make sure to obtain a copy of this document.
Report the incident to Uber
If you’re a passenger, you can make a report via the Uber app. Go to “Safety” and click “I Was In An Accident.” State the details, including the time, place, and your status, especially if you are hurt.
If you’re a third party, complete the third-party incident notice form on Uber’s website.
Collect the evidence
Start taking photos or videos of your injury as well as the surroundings. Look for eyewitnesses who can testify to the police. If you can, secure CCTV footage from a nearby establishment.
Consult a lawyer
Our Uber accident attorneys know all the Desert Hot Springs precincts, so we can assist you in gathering evidence, including the police report. We can also secure CCTV footage from most city businesses. While you recover, we will file your claim and communicate directly with the at-fault parties and their insurance companies.
It’s best to consult with our attorneys right away to ensure you don’t miss your deadlines for filing a claim or lawsuit. As per California’s statute of limitations, you only have two years from the date of an accident. If you’re injured, we can file your claim together with any necessary documents and evidence to avoid delays and disqualification.
Uber Accident Statistics
In a 2020 report, Uber claimed that 99.9% of all trips were safe. Despite the figures, it cannot be ignored that accidents and casualties still occur under its watch.
According to the report, there were 101 fatalities in 91 Uber-related accidents across the country. 32% and 23% of all accidents were caused by speeding and DUI, respectively.
Though it is generally safe to ride an Uber, it is always best to take caution, like wearing seatbelts and politely reminding the driver if they seem distracted while driving.
Frequently Asked Questions
By definition, an employee is an individual who works for a company in exchange for a fixed salary. On the other hand, a contractor is an individual who owns a business and usually comes to terms with employers to do a specific project.
Since the drivers do not have fixed salaries from Uber and solely base their income on the number of trips they have on a daily basis, they are considered contractors. As such, the rideshare company is not automatically liable for any accident caused by their drivers.
This distinction also determines the insurance policy that applies to a specific accident.
A settlement amount may vary depending on the age of the victim, type of injury, severity of the injury, and the insurance policy limits. Having handled Uber accident cases for many years, our Desert Hot Springs lawyers know that each one is unique. For a more accurate estimate of your claim, feel free to contact our personal injury attorneys.
Whether you sustained minor or significant injury or property damage, call the police as soon as possible. They can help prevent a possible physical altercation and maintain continuous traffic flow. During the initial investigation, the cops are also responsible for creating a police incident report that you will need to file a claim.
You can obtain a police incident report from the Desert Hot Springs Police Department. You can visit them at 65950 Pierson Boulevard, Desert Hot Springs, CA 92240. You can also call them at (760) 329-2904.
If you are unable to obtain a police report on your own, our Desert Hot Springs Uber accident lawyers can get it for you. We can gather all the needed documents and evidence so you can remain at home and recuperate.
Contact The Best Uber Accident Lawyers Desert Hot Springs Trusts
Although ridesharing may offer a more convenient mode of transportation, it is important to remember that traffic incidents can still occur at any time. As we have worked with clients who have been injured in Uber accidents, we’ve seen a wide variety of injuries, a lot of suffering, and incredibly expensive medical bills.
The least that we can do is assist victims in filing claims, pursue the highest possible compensation, and provide as much support as we can for a speedy recovery.
If you or you know someone from Desert Hot Springs who was severely injured in an Uber accident, call our lawyers at (888) 488-1391. You can also use the “Do I Have A Case?” form for a free case evaluation.
We are available for consultation anywhere in Desert Hot Springs neighborhoods and communities, such as Wardman Heights, Miracle Heights, Winter Springs, Desert View, The Terraces, and Sunny Slopes Estates. Our lawyers also handle personal injury cases in nearby cities, including Palm Springs, Coachella, Canyon Lake, Indio, and Menifee, as well as in Alhambra, West Covina, Pomona, and Long Beach in Los Angeles County.