Fresno Uber Accident Lawyers
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Our Fresno Uber Accident Lawyers Provide Legal Guidance When The Unexpected Happens
According to a California Office of Traffic Safety (OTS) report, over 30,000 people have been killed, and 100,000 have suffered severe injuries on California roads since 2010. Motor vehicle crashes are incredibly common in California, and it is common for certain accidents to involve Uber or other rideshare vehicles.
Uber accidents add a new level of complexity to a personal injury claim because rideshare companies can be held liable in certain cases. However, establishing such liability can be very tricky as it often involves navigating complex policy terms and state laws. A victim may want to consider working with experienced Fresno Uber accident lawyers.
Arash Law can handle a wide range of injury cases, including rideshare accidents. To determine if you have a valid personal injury claim, please call us at (888) 488-1391 to schedule a complimentary initial consultation.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
Does Uber Pay For Fresno Uber Accident Damages?
When people suffer injuries in accidents involving Uber vehicles, it is normal to assume that the company can face liability for the damages. The truth is that Uber makes all of its drivers independent contractors, meaning that the company can spare itself liability in many cases. However, there can be cases in which Uber’s own insurance policy for its drivers may come into play.
Uber is generally required to provide all of its drivers with some form of liability insurance, and such policies can provide significant benefits to people injured in Uber accidents. Since Uber classifies its drivers as independent contractors, most people cannot sue Uber itself in court, although they can still file claims with Uber’s insurance company.
In general, Uber’s own insurance policy is treated as being secondary to the driver’s own personal insurance policy. Most rideshare companies are only liable for the actions of drivers when drivers are actively involved in work for the rideshare companies.
Uber might not be responsible for a crash occurring while a driver is not logged into the Uber app. Benefits available under an Uber policy can vary, and a negligent Uber driver who injures another person means a victim must first exhaust the driver’s coverage before Uber’s own insurance policy kicks in.
Fresno Car Accident Statistics
According to OTS, traffic fatalities in California increased by 3.4 percent from 3,719 in 2019 to 3,847 in 2020. The number of drunk driving fatalities (i.e., fatalities in crashes involving a driver or motorcyclist with a blood alcohol concentration (BAC) of 0.08 grams per deciliter (g/dL) or higher) increased by 20.0 percent from 966 in 2019 to 1,159 in 2020, and the alcohol-impaired driving fatality rate increased by 4 percent from 2019 to 2020, which accounted for 30 percent of California’s 3,847 fatalities.
The percentage of drivers killed in motor vehicle crashes who tested positive for legal or illegal drugs increased by 8 percent from 42 percent in 2018 to 50 percent in 2019. The percent of unrestrained passenger vehicle occupant fatalities increased by 19.2 percent from 634 in 2019 to 756 in 2020.
Motorcycle fatalities also increased by 9.8 percent from 491 in 2019 to 539 in 2020. The good news is that pedestrian fatalities decreased by 2.5 percent from 1,011 in 2019 to 986 in 2020, and bicycle fatalities decreased by 9.8 percent from 143 in 2019 to 129 in 2020.
The Fresno Community Health Improvement Partnership (FCHIP) also reported that the age-adjusted death rate due to motor vehicle traffic collisions in Fresno was 16.4 per 100,000 population for 2018-2020, which was the highest figure of the past decade. The age-adjusted death rate due to unintentional injuries of 47.0 per 100,000 population for 2018-2020 was also the highest mark of the past 10 years.
What People Should Know About Fresno Uber Accidents
People need to understand that Uber is not always responsible for accidents involving one of its drivers. Uber liability can be a very complex issue that most people are not prepared to deal with on their own.
It is incredibly important that individuals who suffer injuries in an Uber accident seek legal counsel quickly to clarify all of their legal options after an Uber accident. An experienced attorney can determine if Uber itself can be held liable for an accident.
Distracted Driving As A Common Cause Of Uber Accidents
It should go without saying that Uber drivers frequently rely on their cell phones to get information about potential passengers and work duties, so distracted driving is among the most common causes of Uber accidents. People who believe that distracted driving was a factor in their Uber accidents may want to work with an experienced attorney who can subpoena a negligent driver’s phone records to prove the driver was using their cell phone at the time of a collision.
When Drunk Driving Is Involved In Uber Accidents
While most people in California are aware that the state rigorously enforces drunk driving laws, there is no denying that arrests for driving under the influence (DUI) remain incredibly common in the Golden State each year. FCHIP reports that 26.0 percent of driving deaths had alcohol involvement in Fresno for 2016-2020, which was lower than the high of 30.0 percent in 2009-2013.
The Fresno Bee also reported that Fresno had an average of 648 DUI arrests annually per 100,000 residents, which translated to an average of 1,148 total DUI arrests per year. It is never out of the question that an Uber driver may have been operating while under the influence of alcohol or a legal or illegal drug.
Uber Accidents Caused By Speeding
The Fresno Police Department states that it issued 54,542 traffic citations in 2015, with 9,582 of the citations being for speeding. The Fresno Bee also reported that 1,056 people were killed in traffic crashes due to speeding. OTS said traffic collisions caused by speeding killed 1,056 people in California in 2016, according to OTS.
Some Uber drivers can be in a hurry, not just to pick up passengers but also to perform deliveries. There is little doubt that the speed at which an Uber driver was operating at the time of a collision can play a major role in a person’s injury case.
Why An Attorney Is Important In An Uber Accident In Fresno
Suppose a person is involved in an accident involving Uber or any other rideshare service in Fresno or a surrounding area. In such a case, it may be a good idea for them to contact an attorney who has experience with these kinds of claims. While the process is often similar to other car accident cases, Uber accident claims may have unique issues that can complicate recoveries in these types of situations.
Several statutes can impact how people can obtain financial compensation after rideshare accidents. Working with a lawyer who understands the process and legal precedents involved in a case against Uber can make an important difference in a person’s case.
Our Fresno Uber accident lawyers have handled multiple ride-sharing accident claims on behalf of injured victims. Under the guidance of Arash Khorsandi, Esq., Arash Law is prepared to guide people through the entire process.
More About Arash Law
Arash Law is committed to helping our clients pursue the compensation available to them after an Uber accident or injury. We understand how difficult life can be for victims after an injury, and we will work diligently to help victims move forward after such incidents.
Arash Law, under the leadership of Arash Khorsandi, Esq., is not limited just to car accidents, as we also handle cases of other improper actions by Uber drivers. We can also manage cases involving Uber drivers dragging passengers out of vehicles, stealing passengers’ phones, threatening to attack passengers, kidnapping passengers, and sexually assaulting passengers.
Common Challenges Of Uber Accidents
Liability is a common issue in Uber accident actions because several parties can share liability, and it is often difficult for people to prove liability by themselves. An Uber accident lawyer can collect relevant data, like driver logs, app data, witness accounts, and accident reconstruction reports, to help determine each party’s responsibility.
There can also be several time restrictions on certain actions, which emphasizes the importance of getting an Uber accident lawyer in Fresno involved in your case as soon as possible. People may have to file certain claims with an insurer within a certain time frame or risk losing the ability to recover anything at all.
Another challenge in these types of claims is dealing with an insurance company, whether they are representing the driver or Uber itself. Some insurers may try to make efforts to protect their business interests, so it is important to have an injury lawyer who knows how to negotiate with these companies.
How Uber Time Periods Work
One of the major difficulties with Uber insurance claims is how Uber divides up its insurance coverage. Depending on when an accident occurred, a person might not have any insurance coverage through the company as an Uber driver.
Uber says that its own insurance will work as follows for its drivers:
- Driver Is Offline or Driver App Is Off – The driver’s personal insurance company and coverages apply.
- Driver Is Available or Waiting for a Ride Request – Uber maintains automobile insurance on a driver’s behalf for covered accidents. Third-party liability will apply when a driver’s personal automobile insurance does not apply and provides $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $30,000 in property damage per accident.
- Driver Is En Route to Pick up Riders and During Trips – Uber offers automobile insurance on a driver’s behalf in case of a covered accident, including $1 million in third-party liability, uninsured or underinsured motorist bodily injury or first-party injury insurance, and contingent comprehensive and collision with an actual cash value of the car and a $2,500 deductible.
Proving Fault For An Uber Accident
Some Uber drivers are rarely quick to admit when they are at fault for a crash, and many drivers may try to pass the blame on to other parties, such as other drivers. In such cases, victims may need guidance from Uber accident attorneys who can analyze the available evidence and identify possible responsible parties.
How Do Uber Accidents Happen?
Uber and other rideshare accidents often occur because of some form of driver negligence, although there can be a limited number of cases in which other causes may be possible. For example, an Uber driver may not be at fault when a mechanical issue with their motor vehicle, possibly caused by a defective part, causes a crash.
In most cases, an Uber driver is the responsible party because of certain actions like DUI offenses, speeding, or, perhaps most commonly, distracted driving. There is little doubt that the basic nature of Uber drivers’ work often means they are distracted by their cell phones, so distracted driving is an especially common claim in many of these cases.
How People Should Deal With Insurance Companies
When a person files a claim relating to an Uber accident, they are often going to have to deal with an insurance company, whether the insurer represents the driver themselves or Uber. No matter how friendly and concerned insurance agents might seem on the phone, people are advised to maintain caution.
When people submit written demand letters for compensation, some insurance companies may respond with much lower counteroffers. Experienced Fresno Uber accident lawyers can manage all communications with the insurer and negotiate on the victim’s behalf.
What People Should Do After Uber Accidents
The immediate aftermath of any Uber accident will be a very important time for people involved to take certain actions. Here are some recommended steps to take after an Uber accident:
- Stay at the scene of the accident.
- Call 911 so the local police department will be dispatched and emergency responders can treat anyone who is injured.
- Collect the names of all people involved, including Uber drivers and passengers, getting contact and insurance information.
- Also, seek contact information from any witnesses.
- Take photos or videos of the car or cars involved, the accident scene, and injuries. Try to note all other relevant information, including the location of the crash, weather conditions, hazards, and any other important information about an accident.
- Contact an Uber accident attorney at Arash Law, managed by Arash Khorsandi, Esq., as soon as possible.
Insurance Coverage For Uber Accidents
Uber provides up to $1 million in insurance coverage under certain circumstances, but whether Uber pays anything will depend on the driver’s activity at the time of an accident. When an Uber driver is using their vehicle for personal use and is not available to pick up passengers, the driver involved in an accident will be covered only by their automobile insurance.
The California Department of Motor Vehicles (DMV) notes that the acceptable forms of insurance include a motor vehicle liability insurance policy, a cash deposit of $35,000 with the DMV, a certificate of self-insurance issued by the DMV, and a surety bond for $35,000 from a company licensed to do business in California. The minimum liability insurance requirements under California Insurance Code §11580.1b are $15,000 for injury or death to one person, $30,000 for injury or death to more than one person and $5,000 for damage to property.
If an Uber driver is available for passenger pickup but does not have a passenger, the driver will be covered by their personal automobile insurance policy, but Uber will provide additional supplemental liability coverage of $50,000 per injury (up to $100,000) and up to $25,000 in property damage, although the supplemental insurance is only available when a driver’s insurance is exhausted. If an Uber driver is involved in an accident while carrying a passenger, the driver and passenger will be covered under Uber’s $1 million insurance policy.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Dealing With Claims Against Massive Corporations
According to CNN, Uber had 32,800 employees in 2022. That same year, Uber earned $31.9 billion in revenue, which marked an 82.6 percent increase from its revenue in 2021.
The bottom line is that Uber Technologies, Inc. is a major corporation that is very concerned about its profits. It is possible for these companies to resolve claims for lower amounts when possible. The same goes for the insurance companies Uber employs.
Working with a Fresno Uber accident attorney can be beneficial in managing the challenges of the claims process in these cases.
Common Kinds Of Injuries In Fresno Uber Accidents
There is little doubt that an Uber accident has the potential to cause all kinds of severe and possibly even fatal injuries to people. Some victims of Uber accidents suffered such injuries as:
- Fractures or broken bones
- Concussions
- Crush injuries
- Closed head injuries
- Back injuries
- Knee injuries
- Leg injuries
- Neck injuries
- Arm injuries
- Internal injuries
- Skull fractures
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Permanent nerve injuries
- Amputations
- Paralysis
- Severe burn injuries
- Soft tissue injuries
- Wrongful death
It is important for a person to seek medical attention after any Uber accident so they can have a medical professional properly evaluate their condition and determine if there are any injuries the person might not even know about. A proper diagnosis will be key to proving any injury claim.
Who Will Be Covered In Uber Accidents?
Uber offers coverage for all people involved in accidents involving Uber vehicles, including passengers, other motorists, and occupants of other vehicles as well as pedestrians and bicyclists. The coverage will also extend to Uber drivers in some circumstances, although an injured rideshare driver usually needs to file a claim with their own insurance provider first.
If an Uber driver does not have a rideshare endorsement on their policy, their claim will usually be denied, and a driver operating a vehicle in a commercial capacity at the time of an accident voids their coverage. After a claim is denied, Uber’s coverage typically applies.
Liability For Fresno Uber Accidents
The bottom line of all car accidents is that liability is frequently complex and may be highly contested in some cases. The general idea of personal injury actions in California is that people can seek compensation from the parties responsible for causing their injuries, but generally, claims need to be filed within two years of the date of an accident.
Our injury law firm will diligently investigate the cause of an Uber accident and knows how to identify and determine all possible liable parties. There can be several different possible explanations for Uber accidents, which may include:
- An Uber driver is at fault for making a mistake behind the wheel that causes an accident.
- The driver of another vehicle who collided with an Uber vehicle is at fault for causing the crash.
- Passengers in a vehicle contributed to the cause of a crash by distracting drivers.
- Manufacturers of parts in any vehicle could be liable if defective parts played a role in causing an accident.
- Government entities might be responsible for failure to build and maintain safe roads when they do not fix or warn the public about unreasonably dangerous road conditions.
The list above is by no means a complete list of all possible liable parties, but it does offer some of the most common situations. A Fresno Uber accident lawyer can analyze evidence and determine potentially liable parties.
Types Of Damages For Fresno Uber Accidents
When a person files a personal injury claim after an Uber accident, they may be able to pursue compensatory damages. The phrase “compensatory damages” usually covers some combination of economic damages and non-economic damages.
Economic damages are common kinds of out-of-pocket expenses that can be proven and calculated. Common examples often include:
- Medical expenses, such as past, present, and future medical bills, as well as costs relating to hospital stays, prescription medications, surgeries, and rehabilitative therapy.
- Lost income and lost earning capacity.
- Personal property damages.
- At-home nursing care costs.
- Replacement service costs.
- Any other out-of-pocket expenses.
Non-economic damages are much more subjective and generally do not have inherent financial values. Some of the most frequent examples include:
- Pain and suffering
- Loss of consortium
- Amputations
- Diminished enjoyment of life and activities
- Disfigurement and scarring
- Disability
There can also be cases when courts award punitive damages, which are intended to punish defendants for egregious actions that caused accidents and deter others from taking similar actions in the future.
Under California Civil Code § 3294, punitive damages require clear and convincing evidence that a defendant was guilty of oppression, fraud, or malice, with malice being defined as conduct intended by a defendant to cause injury to a plaintiff or despicable conduct which is carried on by a defendant with a willful and conscious disregard of the rights or safety of others, oppression meaning disgraceful conduct that subjects a person to cruel and unjust hardship in conscious disregard of their rights, and fraud being defined as intentional misrepresentation, deceit, or concealment of a material fact known to a defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
How Arash Law Helps Fresno Uber Accident Victims Pursue Compensation
Arash Law focuses on representing victims of personal injuries, such as Fresno Uber accidents. We make it a mission to guide injured clients in pursuing compensation for their losses.
We will tailor your legal strategy in an Uber accident case to serve your unique priorities and needs. Some of the services we can provide in a Fresno Uber accident can include:
- Investigating an Uber accident to determine the cause.
- Taking immediate action to secure critical evidence of an Uber driver’s status on the Uber app at the moment of an accident.
- Evaluating the financial impact of your injuries to build a comprehensive claim.
- Identifying every party who might owe damages to clients under California state law.
- Preparing and filing insurance claims and lawsuits demanding compensation for clients.
- Representing clients in Fresno court proceedings.
- Negotiating settlements with the parties at fault and their insurance carriers.
- Collecting compensation due to clients through settlements, judgments, or jury awards.
Possible Damages for Rideshare Accidents in Fresno
The first thing most people are going to ask lawyers when discussing their Uber accident cases is how much their cases are worth. This question can be tricky to answer because so many variables can impact what amount can actually be recovered.
The truth is that there will need to be a rigorous investigation performed before experienced Fresno Uber accident lawyers can truly speak with any confidence about a possible award. In some cases, the things people say immediately following a collision can also impact what they can recover.
The bottom line is that certain kinds of damages are more common than others, but people should also be aware that their own cases can involve unique claims that entitle them to other kinds of less frequent damages. In general, some of the most common kinds of damages in these cases can include:
- Any health care costs a person incurs because of an accident are usually recoverable, which can include ambulance transportation costs, emergency care costs, rehabilitation costs, prescription medications, and any surgeries.
- Serious accidents often result in long-term or permanent disabilities, and people who are expected to incur further medical costs at the conclusion of their cases can have expenses included in their settlements.
- Any income a person is unable to earn while recovering from injuries may be included in damages.
- If a person’s injuries affect their future income-earning ability, such as an inability to return to their regular work and having to accept a lower-paying position, the Fresno Uber accident lawyers at Arash Law can ensure these losses are also included in a settlement.
- Pain and Suffering — Pain and suffering are among the most common kinds of non-economic damages in many injury claims. Virtually all people are dealing with some level of pain and suffering.
- Emotional Distress — Many accidents will involve shock or impact, causing mental impacts. People who suffer catastrophic injuries or see a loved one die can obtain emotional distress damages.
- Loss of Enjoyment of Life — Many injuries can drastically diminish a person’s quality of life. When a victim is unable to participate in certain activities, it can result in depression or loneliness.
- Loss of Consortium — When a person’s husband or wife suffers an injury, they can collect compensation for loss of consortium, which refers to a loss of companionship, intimacy, affection, care, comfort, protection, and assistance.
Will My Uber Accident Case End Up At Trial?
Most lawyers do not want to take cases to trial because trials are expensive and the outcomes are uncertain. Settlements are typically the most common outcomes in these cases, as going to trial can be costly and risky in certain situations. Whether your case goes to trial depends on the facts and circumstances surrounding your case.
To understand if filing a lawsuit is a viable option for your case, consult a Fresno Uber accident lawyer. They can also explain the possible ramifications of this legal process.
Speak With Our Uber Accident Lawyers In Fresno
If you suffered catastrophic injuries or your loved one was killed in an Uber crash in the greater Fresno area, you can seek legal support from an attorney who understands the applicable rideshare laws and insurance policies that might be available in your case. Arash Law, founded by Arash Khorsandi, Esq., can handle Uber and other rideshare accident cases.
Our injury law firm works on a contingency fee basis, meaning you will not pay upfront lawyer fees. Attorney fees are only collected if we successfully recover compensation for your case. We can discuss this fee structure, and other potential case costs, during our meeting. Call (888) 488-1391 or contact us online to take advantage of a free initial consultation.
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