Modesto Uber Accident Lawyers
- Common Types of Modesto Motor Vehicle Crashes
- Most Dangerous Intersections in Modesto
- Common Causes of Auto Accidents
- Filing Your Insurance Claim After an Uber Accident
- Benefits of Hiring Reputable Modesto Uber Accident Lawyers
- What to Do After An Uber Accident – Gathering Evidence to Support Your Uber Accident Injury Claim
- Report Your Modesto Uber Accident
- Will Uber Pay for Damages?
- What Are the Steps of The Personal Injury Claims Process in Modesto?
Powerful Modesto Uber Accident Lawyers who are Personally Committed to Securing Your Justice
Smartphone usage has increased throughout the country as more people use Uber and other rideshare apps to get around. It is no coincidence that with this change, there is also a spike in Uber accidents in California. Motor vehicle accidents in Modesto particularly are overwhelming and stressful for the victims, especially when insurance companies are working against you to maintain their bottom line.
Many insurance companies offer low settlements for personal injury cases or deny bodily injury claims. If you suffer an injury from an Uber collision, speak to our skilled Uber accident lawyers Modesto trusts. Arash Law offers free case reviews for your convenience, so learn about our legal team and how we can help by scheduling a free initial consultation.
Rico v. Brian Walsh Brush Clearance (settled on 3/5/2022) – Settlement involving a farmhand who sustained a mild traumatic brain injury when a falling branch struck him on the head.– TINA ESHGHIEH
Common Types of Modesto Motor Vehicle Crashes
- Rollover – These are harrowing crashes that result in severe injuries and property damage. Specific vehicles are more susceptible to rollovers than others, such as vans, small pickup trucks, and SUVs. Many times, rollover accidents result in death or catastrophic injuries. They also require extensive financial recovery.
- Rear-end crash – When one vehicle follows too closely, a rear-end collision can happen. Generally, the trailing vehicle is responsible for the crash unless there is a malfunction in the lead car.
- Single vehicle – These collisions are more common than you think. They typically happen due to drunk driving or run-off crashes.
- Head-on collision – Head-on collisions usually involve one driver going in the wrong direction. The velocity and impact of these accidents often lead to fatalities.
- Side-impact crashes – Often referred to as T-bone collisions, side-impact crashes frequently happen at intersections. The outcome will vary depending on the location of impact and vehicle damage. A quarter of all traffic deaths are due to broadside collisions.
Most Dangerous Intersections in Modesto
- Bodem Street and Scenic Drive
- Burchell Court and McHenry Avenue
- Carver Road and Briggsmore Avenue
- Coffee Road and Briggsmore Avenue
- Evergreen Avenue and Briggsmore Avenue
- McHenry Avenue and Briggsmore Avenue
- Norwegian Avenue and McHenry Avenue
- Oakdale Road and Briggsmore Avenue
- Orangeburg Avenue and McHenry Avenue
- Standiford Avenue and Sylvan Avenue
What Types of Injuries Are Common in Car Wrecks?
- Lacerations – Lacerations are cuts caused by sharp objects inside the vehicle. The severity will vary depending on the object and the cut’s depth. Some can leave scars, while others do not.
- Bruising – Bruises result from hitting objects within the vehicle, like the steering wheel, dashboard, or pressure from your seatbelt. These injuries will usually heal independently with some ice and rest.
- Broken bones – These breaks can include fractures to the lower extremities, femur, pelvis, ribs, scapula, and more. These injuries can heal within a few months of physical therapy and medical care.
- Cervical strains and sprains – Such strains and sprains often result from the rapid back-and-forth movement of the head and neck, such as in whiplash. Diagnosis and treatment will vary depending on the severity.
- Burns – Burns have various degrees that will impact your treatment. You can suffer a burn in an accident if the car is on fire or other flammable objects are nearby. These injuries can require rehabilitation, skin grafts, and more.
- Traumatic brain injuries – When the brain moves against the bony surface of the skull, it can lead to a TBI, like bleeding or concussion. These injuries can lead to lifelong cognitive impairments and can be life-threatening. Immediate medical attention is vital for victims.
- Spinal cord injuries – Injuries to the spinal cord are some of the most severe that you can suffer. They can lead to partial or total paralysis of the extremities. The severity will depend on the area of the spinal column that was impacted.
- Vertebral disc herniation – Impacting your mobility, these injuries can cause pain and lead to surgical intervention. This injury can stay with you for life.
Common Causes of Auto Accidents
There are many causes of auto accidents, but they almost all come back to driver error. Some of the most common causes include:
- Speeding – Driving over the speed limit means drivers cannot stop in time to avoid a collision or take evasive maneuvers. Speeding is an intentional and aggressive action.
- Distracted driving – Multitasking at work can help accomplish more tasks. However, multitasking while driving can cause severe injuries, as distractions impact driving ability and cause crashes. Many motorists text, eat, drink, tend to children, or look at the GPS. There are laws addressing these actions, but other drivers do not seem to care.
- Drug or alcohol impairment – According to the National Highway Traffic Safety Administration (NHTSA), drunk driving killed 13,384 people in the United States in 2021. Drinking and driving is a leading cause of injury and death in crashes. Drinking is often coupled with other reckless actions like speeding or distracted driving. The same goes for using drugs while driving. Drug use can include illegal substances, prescription medication, and over-the-counter medications. Legal drugs have severe side effects that impact a person’s coordination and judgment.
- Failure to yield the right of way – During your driving test, there are questions about who has the right of way at four-way stops and other scenarios. Some drivers believe they always have the right of way. Other drivers are confused. In either instance, a collision can happen.
- Falling asleep at the wheel – Sometimes, people are so tired after work or on a road trip that they still risk getting behind the wheel to reach their destination to rest. That is a grave error since fatigue leads to inattention, decreased cognition, and falling asleep while driving. It is best to get rest before driving. Even a short nap can make a difference.
- Reckless driving – While driving recklessly on any road is dangerous, it becomes even more perilous on public roads and highways. Highway 99 has seen many collisions due to reckless driving. These actions can happen because a driver is angry or in a rush, which is common among Uber drivers trying to complete fares so they can get more. California issues steep fines for reckless drivers.
- Ignoring traffic signs or signals – Drivers who “know the area” or are in a hurry will ignore signs and signals. They will not come to a complete stop or take the light entirely. These actions can lead to a severe collision.
- Unsafe driving during inclement weather – No one can control the weather, but it is a significant factor in causing car accidents. Drivers must use discernment to adjust their driving, as failure to do so can lead to catastrophic injuries.
Filing Your Insurance Claim After An Uber Accident
When an Uber driver has a passenger in the vehicle, the second tier of coverage will apply. This coverage will end when they drop off the occupant. The coverage level is $1 million for all recoverable damages. However, these benefits are difficult to access.
Benefits of Hiring Reputable Modesto Uber Accident Lawyers
Filing A Personal Injury Claim in Modesto
Legal representation during a lawsuit is the best way to obtain maximum compensation for injuries and losses. The basis of the suit will be negligence. One party failed to exercise reasonable care and caused a collision. It will take a great deal of evidence to prove your case and get payment.
Claimable Damages in A Modesto Personal Injury Suit
- Vehicle repair costs at reliable auto body shops
- Vehicle replacement
- Short and long-term medical expenses, including chiropractic care and rehabilitation
- Lost income
- Out-of-pocket expenses like prescription drugs or medical devices
Arash Law secured over $500 Million in damages for our clients. We are familiar with the local courts and have formidable negotiation skills that will help us negotiate fair settlements in private or during mediation. Our Modesto Uber accident lawyers will work hard to settle your claim swiftly, prepared to go to court if these efforts do not lead to a successful resolution.
Who Is Liable for An Uber Accident?
The first step after any collision is determining who is liable for the crash. While this process is complex in Uber accidents, it remains vital. The complications for determining liability for an Uber collision come from the various insurance policies and procedural aspects Uber has. There are many potentially liable parties that you could pursue compensation from, including:
- Uber driver – If you are in another vehicle and are struck by an Uber driver, you can file a claim through their insurance policy. This approach applies when the Uber driver is logged off or is logged in without a passenger. In these instances where they are not working, they are like any other driver.
- Another driver – If you are an Uber passenger and another driver caused your accident, the other driver is liable for your payment. You can file a third-party insurance claim to recover compensation for your losses.
- Uber – If the driver is logged into the Uber app and carrying a passenger, Uber is liable for injuries and losses. You can file an insurance claim with the company for your accident-related expenses.
What Insurance Coverage Do Uber Drivers Carry?
Driver policies will cover a good amount of claims, but the policy limits do not typically cover injuries resulting in permanent injuries or death. When there are catastrophic injuries like traumatic brain injury or spinal cord trauma, driver policies are rarely enough to cover the losses.
- $50,000 per person for bodily injury
- $25,000 for property damage
- $100,000 total for bodily injury per accident
When Is Uber Liable for An Accident Injury?
The concept of response at superior is a legal doctrine that holds employers responsible for employees’ actions. Uber avoids this responsibility by employing drivers as independent contractors, meaning the company has little oversight over its drivers.
Uber also offers auto insurance coverage but with many conditions. You must meet the following to access their insurance policy:
- If a passenger using the app for transportation is involved in a collision, then Uber policies can apply.
- Drivers are covered if they are on the app awaiting a ride request and are in a collision.
- Uber will cover any damages not covered by a driver’s private auto policy. It is contingent on whether the driver is picking up or dropping off a passenger and is in an accident.
- If the driver causes an injury, Uber can be directly liable for the damages the victim incurs.
As you can see, there are a few instances where Uber’s policy will apply. Even if your situation is on this list, getting those benefits is still challenging. Call Arash Law at (888) 488-1391 to schedule a free review and see how viable your case is.
What to Do After An Uber Accident – Gathering Evidence to Support Your Uber Accident Injury Claim
- Call 911 – Call law enforcement to report the collision. Their accident report will be essential to support your claim. When calling 911, you must ask for medical assistance for injured parties.
- Seek medical attention – Seek medical attention no matter how minor you think your injuries are, or even if you are unsure if you suffered one. Delays in medical attention can lead to problems with your physical and financial recovery. Remember, medical professionals are the only ones who can give you a diagnosis and treatment plan, so their opinion is critical when proving your case. Keep medical records and receipts to use in your claim, as your medical records will serve as evidence connecting your injuries to the collision.
- Gather evidence – Collect as much evidence as possible. Also, photograph the accident scene and your injuries.
- Collect driver information – Obtain the Uber driver’s insurance and contact information.
- Ask the Uber driver if they were logged into the app during the collision. Screenshot or save your ride information.
- Get witness contact information – If possible, get the names and phone numbers of anyone who witnesses your collision.
- Speak to trusted Uber accident lawyers in Modesto immediately – We can send someone to the accident scene within hours to gather evidence you might have missed.
Listed above is preliminary evidence available immediately following the accident. We will find more relevant evidence during a detailed analysis of your crash. Our Modesto Uber accident lawyers will review Uber policies, medical records, and more to build your case. We will investigate your claim in other ways as well, including:
- Examining the police report for accuracy.
- Gathering traffic surveillance footage, which can require a subpoena, to see if the collision was captured on film. If your crash is caught on camera, it can substantially solidify your claim.
- Identifying and interviewing any witnesses to the collision. Their statements will corroborate how the crash occurred.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
Report Your Modesto Uber Accident
Can I Sue Uber If I’m Injured in An Accident?
Will Uber Pay for Damages?
Regardless of whether the Uber driver or company is responsible for the collision, we will pursue compensation for your losses. When you have grounds for a compensation claim, you can get paid for the following:
- Medical costs – Any medical costs you incur for your injuries or for managing its symptoms to reach maximum medical improvement must be included. Some injuries, like spinal cord trauma, broken bones, internal injuries, and traumatic brain injuries, require complex medical treatment. Trusted Modesto Uber accident lawyers can help you seek medical attention and pursue reimbursement for your costs.
- Property damage – Any property losses, including vehicle repairs, replacement, or items like clothing and electronics, must be reimbursed. When you buy new items, keep the receipts to include them in your Uber accident claim.
- Lost income – Any days you take off due to the accident or to get medical attention will count towards your lost income. While proving past lost income with pay stubs and time off requests is typically straightforward, it becomes more complex if your injury permanently impaired you from working. Calculating this future lost income is challenging. You must, therefore, work with reliable Modesto Uber accident attorneys to secure it.
- Physical pain, psychological trauma, and emotional distress – The most pushback from the insurance company comes with these losses. They can seem impossible to tabulate, but our law firm’s Uber accident lawyers in Modesto have experience doing just that – maximizing this aspect of your claim.
How Long Does A Claimant Have to File A Personal Injury Lawsuit for a Modesto Motor Vehicle Collision?
All car accident claims in California must be filed within two years. After this date, you will lose your rights to pursue compensation. However, there are some exceptions. When a government agency causes an accident, for example, you have six months to file an administrative claim.
What Are the Steps of The Personal Injury Claims Process in Modesto?
A trial will follow when there is no resolution during litigation or mediation, where both sides will present their arguments to convince a judge or jury. The final decision will be on these parties, who will award you compensation or deny your claim. Having proficient Modesto Uber accident attorneys on your side is the best way to get a favorable outcome.
Hire Award-Winning Modesto Uber Accident Lawyers Who Care About You
State Route 99 and Interstate 5 give motorists access to various parts of Modesto. These highways make the area heavily trafficked, resulting in frequent collisions. Arash Law, headed by Arash Khorsandi, Esq., is familiar with the changes in Modesto and the challenges drivers face. Call Arash Law at (888) 488-1391 for a free case review and ensure you do not miss any deadlines.