Monterey Uber Accident Lawyers
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Monterey Uber Accident Lawyers Here To Help Injured Victims Understand Their Rights
Uber has changed the way we travel. The ridesharing company has increased convenience for its customers. Today, more than 100 million people use Uber to commute, run errands, or for recreation. Uber is also a large part of the foundation of the American gig economy. Many people supplement their incomes by driving for the company.
Despite the good things Uber has given, the increased number of cars on the road has led to a significant increase in the number of traffic accidents. California is not exempt from this trend, as the state has seen a spike in the number of accidents.
If you or a loved one has suffered an injury in an Uber accident, whether you were the driver, passenger, or pedestrian, you may be entitled to compensation for your losses. Accident victims may face challenges in pursuing it because of the complex nature of Uber accident cases. You may thus wish to have an experienced Monterey Uber accident lawyer assist you through the accident claim process.
The ridesharing app Uber was established in 2010 and has permanently changed the American economy. Between Uber rideshare and Uber Eats, the company’s food delivery service, Uber drivers complete more than six billion trips annually. There are no signs of slowing down for the $15 billion company.
The legal team at Arash Law has decades of experience representing injured Californians. We can help you deal with one or more insurance companies that may be involved in your claim, which may include Uber’s. Contact us at (888) 488-1391 or via online chat to schedule a free, no-obligation initial case evaluation.
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
Uber Drivers Are The Same As Any Other Driver
Uber drivers are not more or less qualified than any other driver on the road. Just about anybody can work as an Uber driver, so negligent driving is always a possibility. However, there are a few restrictions on who can work as an Uber driver.
Restrictions on employment for Uber drivers include:
- Drivers must have a valid California driver’s license or a valid driver’s license from another state.
- Drivers cannot be registered sex offenders.
- Drivers cannot be convicted of misdemeanor assault or battery, domestic violence, or a DUI charge for alcohol or drugs.
California Rideshare Laws For Uber Car Accidents
Rideshare seems like it has always been a part of our lives, but the concept is still relatively new. California is among the many states nationwide to codify laws specifically for rideshare companies. California Public Utilities Code sections 5430 through 5450 are where you can find state rideshare laws.
These sections of the law deal extensively with the requirements for auto insurance for Uber drivers. They set out the following requirements for Uber and insurance coverage for drivers:
- California law requires Uber to disclose to its drivers the insurance it carries on their behalf. The company must also inform drivers of the insurance policy limits.
- California law requires Uber to carry a policy for drivers with a limit of at least $1,000,000.
- Uber must provide written notice to their drivers that the driver’s personal comprehensive and collision coverage will not apply if the accident happens while the driver is logged into the Uber app.
- A driver’s personal liability insurance will not cover damages if their insurance policy does not specifically cover the driver’s activity as an Uber driver.
- The applicable Uber insurance policy must include uninsured and underinsured motorist coverage with policy limits of at least $1,000,000.
- Uber insurance coverage applies from the minute the rideshare driver accepts a ride until the ride is completed.
The amount of coverage, or whether Uber insurance will cover an accident, depends on the driver’s status. Uber insurance is triggered based on the driver’s status. For example, if a driver is logged into the rideshare app but has not yet accepted a ride request, Uber must carry insurance policy limits of up to $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $30,000 for property damage per accident.
It is important to note that California state law insurance limit requirements are significantly lower for passenger vehicle drivers than for rideshare companies. California drivers are required to carry a minimum amount of personal liability insurance of $15,000 for bodily injury per person, $30,000 in bodily injury coverage per accident, and $5,000 in coverage for property damage.
If an accident victim is in a crash involving an Uber driver, they may be able to seek compensation from Uber. However, the rideshare company’s policy limits, as mentioned above, are not a reliable indicator of how much compensation you may be able to pursue. You can reach out to our Monterey Uber accident lawyers to better understand the kinds of coverage that may apply to your case.
Who Is Liable For Damages After A Monterey Uber Accident?
Determining liability after an Uber accident can be challenging. The experience of a Monterey Uber accident attorney can be helpful for identifying each potential defendant and their share of liability.
Uber accident cases are complex because there are usually multiple insurance companies responsible for paying for the victim’s damages. Where responsibility falls depends on the circumstances surrounding your actual collision.
Your Monterey Uber accident lawyer can help evaluate the facts of your case to assess potential liability. Common factors attorneys consider include the following:
- The cause of the accident.
- Whether you were the rideshare driver, a passenger, a pedestrian, or another driver or passenger in another vehicle.
- Whether the Uber driver was on duty at the time of the crash.
Uber provides coverage for their drivers with a $1,000,000 insurance policy should an accident happen while the driver is on duty. An accident victim can bring a claim whether they are an Uber passenger, a pedestrian, a driver, or a passenger in another vehicle.
Common Injuries In Uber Accident Cases
The severity and extent of the accident determine what injuries you might suffer. For example, injury victims who are passengers in SUVs, cars, or trucks may have less severe injuries than accident victims traveling on motorcycles or bicycles.
You should call the police and seek medical care immediately after an accident. These two steps can protect your legal rights and physical well-being after a crash.
Contact a Monterey Uber accident lawyer if you have suffered an injury in a rideshare collision.
Common Uber accident injuries include the following:
Traumatic Brain Injury
A traumatic brain injury is a serious head injury caused by a violent blow to the head or body. They are categorized as either mild, moderate, or severe.
A mild traumatic brain injury can cause temporary brain dysfunction and diminished cognitive function.
A moderate or severe traumatic brain injury can cause brain bleeding, bruising, or tissue damage. These injuries can lead to temporary or permanent mental or physical impairment, paralysis, or death.
Amputation
A car accident can lead to amputation of limbs or digits. Crushed bones and partially severed limbs and digits may require total amputation. This can greatly reduce the quality of life for the victim. Loss of limbs and digits can prevent an accident victim from performing normal daily activities and keep them from working.
Spinal Cord Injuries
Spinal cord injuries are among the most severe types of injuries that can happen in Uber traffic accidents. Spinal cord injuries might involve issues with the spinal column discs, damage to ligaments, damage to vertebrae, problems with the nerves in the spinal canal, and damage to the spinal cord.
Spinal cord injuries can lead to paralysis. Further bleeding, swelling, inflammation, and fluid retention in the spine are common complications. A spinal cord injury can also affect the victim’s arm movements and ability to breathe. Other consequences of a spinal cord injury can include impact on the torso, legs, sexual function, and bladder and bowel function.
There is no cure for spinal cord injuries, although medical science is always progressing. Hopefully, we will see advanced treatment for spinal cord injuries in the future. Currently, however, typical treatment for a spinal cord injury can include major surgery, long recovery periods, rehabilitative care and physical therapy, and long-term medical care.
Whiplash
Whiplash is a neck injury that happens when a person is suddenly thrown forward and then jolted back quickly. Whiplash symptoms may be delayed, not presenting themselves for several hours or days after the accident. A whiplash injury may range in severity, and treatment can include rest and pain medication or treatment for nerve damage, disc damage, ruptured ligaments, and fractured vertebrae.
Once a person suffers a whiplash injury, they are at an increased risk of future neck and back injuries. Because of the nature of whiplash injuries, an accident that causes whiplash is grounds for a personal injury claim.
Head And Back Injuries
Head and back injuries can leave an accident victim with permanent disabilities, and car accidents can leave a passenger vulnerable to these injuries. Head injuries can cause a range of injuries, including concussions and skull fractures. Back injuries common in Uber accident cases can include herniated discs and spinal cord injuries.
Head and back injuries can leave the victim with reduced sensation, loss of control of extremities, muscle weakness, and pain in the arms and legs. Victims with a head or back injury may find themselves needing extensive long-term medical treatment.
Fractures
Broken bones are common after a car crash, and they can take a long time for fractures to heal. Fracture injuries often require long-term medical care, including rehabilitative care and physical therapy. Broken bones can cause collateral damage, leaving the victim with ongoing pain and limited mobility.
Many of these injuries can be expensive to treat. Our experienced Monterey Uber accident lawyers can assess their extent and potential value to help you pursue compensation after an accident.
What Damages Are Available For A Monterey Uber Accident Victim?
Each case is unique, so the available damages vary depending on the facts of your case. While Uber does carry a $1,000,000 liability insurance policy, Uber insurance covers very limited situations. You can thus speak to Monterey injury lawyers experienced in Uber accidents to clarify your rights after a crash.
An experienced Monterey Uber accident lawyer can help you learn if you qualify for compensation under California law.
Examples of damages available in Uber accident cases include the following:
Economic Damages
Economic damages are physical and tangible losses sustained by an accident victim. This category of losses is usually easy to prove. An example of an economic loss is the cost of treating a broken bone. If the victim suffered a broken bone and proves the accident caused the injury, the victim may be able to pursue the cost of treatment depending on the case’s circumstances.
Examples of economic damages include the following:
- The cost of current and future medical bills.
- Current and future lost income.
- Loss of earning capacity.
- Property damage.
An experienced Uber accident lawyer in Monterey can be helpful to you as you try to identify all losses suffered and determine fault.
Non-Economic Damages
Non-economic damages include intangible, usually non-physical, losses incurred by an accident victim. Non-economic losses can be challenging to prove. Many accident victims are unaware of the intangible losses they have suffered and the compensation they may be entitled to. Speaking to a Monterey Uber accident lawyer about your losses can help you identify other damages that may be available to you.
Examples of non-economic damages include the following:
- Pain and suffering
- Embarrassment
- Inconvenience
- Loss of enjoyment of life
- Diminished quality of life
Punitive Damages
Punitive damages are unique because they are not awarded to repay the victim for the losses sustained from the accident. California law allows an award of punitive damages in very limited circumstances. Under California law, a judge or jury may award punitive damages if the defendant is guilty of oppression, malice, or fraud.
If the ridesharing company, the Uber driver, or others involved in the accident acted willfully negligent, punitive damages may be available. To discuss the availability of punitive damages, contact an experienced Monterey Uber accident attorney.
What Steps Should I Take After An Uber Accident in Monterey?
The steps you take immediately after a car crash are critically important to your physical well-being and legal claim. Stay calm so you can think clearly in the aftermath of the accident. Here are some examples of the steps you can take if you have been injured in an Uber accident:
- Call law enforcement.
- Take pictures of the scene, your injuries, and any property damage.
- Record the names, contact information, and insurance information of each driver.
- Gather the names of eyewitnesses and record the details they share.
- Get prompt medical attention. Do not delay getting medical care, even if you do not think that your injuries are serious.
- Contact an experienced Monterey Uber accident lawyer.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
The Importance Of Filing An Uber Accident Claim Immediately
Time is of the essence after a car crash. Letting too much time pass after a traffic accident may be detrimental to a valid claim or bar it entirely.
First, be mindful of the applicable statute of limitations in car crash cases. A statute of limitations is a deadline created by state law that limits the amount of time an injury victim has to either settle their claim or file a lawsuit. In California, the statute of limitations for settling or filing a lawsuit after an Uber accident is two years.
If you’re exploring the possibility of filing a claim, consider speaking with a local Monterey Uber accident lawyer before an insurance company contacts you. Insurance companies may not fully understand the extent of your damages immediately after an accident, which is why their initial settlement offers might be insufficient. Since you can no longer pursue compensation after accepting a settlement, consulting a lawyer can help you leverage the opportunities available to you.
Prompt action can help your case because it can help avoid the degradation of physical evidence. Nowadays, there are cameras everywhere. Traffic lights often have cameras as well as surveillance cameras on street corners. Due to the prevalence of cameras, it is common for crashes to be caught on one. However, the footage does not remain forever. You should act quickly to gain access to the video footage.
Keep in mind that small mistakes can have big consequences. Talking to a Monterey injury attorney who’s experienced in Uber accidents quickly after a crash can help you avoid some common mistakes accident victims make in the aftermath of a crash.
Examples of mistakes Uber accident victims make include:
- Speaking to an insurance adjuster before consulting with an attorney.
- Oversharing on social media.
- Agreeing to give a written or recorded statement.
- Downplaying their injuries.
- Settling their case before completing medical treatment.
- Representing themselves during negotiations, depositions, or at trial.
- Failing to name every potentially responsible party as a defendant in a lawsuit.
- Failing to serve each defendant properly.
- Failing to respond to a motion filed by another party.
- Failing to respond to correspondence promptly.
Contact Our Experienced Uber Accident Lawyers In Monterey For A Free Initial Consultation
If you’ve recently been injured in an Uber accident, know that you might not have to attempt resolving your claim alone. The lawyers at Arash Law are here for you. Whatever the cause of the accident, whether it be driver fatigue, negligence, or some other cause, we are here to review your case and help you protect your rights.
Arash Law’s attorneys have decades of experience handling accident cases, including Uber traffic crashes. We want to help you, too. Contact us at (888) 488-1391 or via online chat to schedule a free, no-obligation first case evaluation.
We look forward to speaking with you.