San Diego Uber Accident Lawyers
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San Diego Uber Accident Lawyers Helping Injured Victims Understand Their Legal Options
San Diego’s busy streets and highways see countless Uber rides daily. When rideshare accidents disrupt the city’s dynamic landscape, injured victims need good San Diego Uber accident lawyers on their side. Contact Arash Law at (888) 488-1391 for a complimentary initial consultation, and let us help you hold the responsible party accountable and pursue the adequate compensation that may be available to you.
San Diego was one of the first cities to adopt Uber’s business model, enthusiastically promoting the rideshare industry. While its public transportation is fairly reliable, some areas remain inaccessible by trolley or bus. If you want to go to the coastal areas, you may find it more convenient to hail an Uber instead.
Uber is a San Francisco-based rideshare company founded in 2009. Despite its relatively recent establishment, the company holds an impressive 74% market share in the U.S. The platform facilitates over 28 million daily trips and has over 130 million monthly active users.
Uber operates primarily through smartphone apps, connecting riders with independent drivers who use private vehicles, rather than owning or directly hiring them. Many consider it a better alternative to riding in taxis and other forms of public transportation. It is, however, also true that Uber accidents in the county are increasing in frequency as the rideshare service’s popularity grows. Any accident victim — whether it’s a passenger, pedestrian, or another motorist — may benefit from consulting with our lawyers regarding their case and legal options.
Why Hire Our Uber Accident Lawyers In San Diego?
Arash Law operates on a core principle: every client matters. If you’re injured in an accident, you can seek tailored legal support and representation. We have years of experience in case management to deliver just that. Our mission is to provide compassionate and effective legal support throughout your case.
Here’s how we’ll proceed with diligent effort on your case once you engage our services:
- We’ll meticulously identify all at-fault parties and work to pursue fair compensation in your situation.
- Our team will handle all the legal details, allowing you to focus on your healing.
- From initial discussions to finalizing a settlement agreement, we’ll handle all communication with insurance companies and opposing lawyers.
- We operate on a contingency fee basis, which means you incur no financial risk. Your initial consultation with us is also free, allowing you to explore your options with no obligation.
If you are injured in an Uber accident, our team of experienced San Diego personal injury attorneys will protect your rights while pursuing the compensation you may qualify for. Are you unsure if you have a case? You can call us anytime at (888) 488-1391.
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
Is Uber Safe?
Out here in sunny San Diego, where the surf meets the city hustle, Uber’s become part of the locals’ daily lives. Yes, Uber drivers undergo defensive driving seminars and background checks. However, they don’t hold the specialized licenses or rigorous training that bus, taxi, and limousine drivers do. This is not to say that Uber rides are inherently unsafe. It’s just that many Uber drivers lack professional training, which could lead to mistakes on the road.
Additionally, the nature of an Uber driver’s job, which requires them to check the Uber app constantly, puts them, their passengers, and other road users at a high risk of being involved in an accident.
Uber crashes differ significantly from standard car accidents. Because the car functions as a for-hire passenger vehicle, it may need separate coverage from the driver’s personal insurance. Proficient Uber accident lawyers in San Diego who understand these nuances know the major differences and necessary processes involved.
Accidents affect other road users as well as Uber passengers. While Uber accidents introduce a new layer to car collision claims, the core principle remains the same: the at-fault driver must compensate the injured party.
Uber Accident Statistics
Ridesharing services like Uber have transformed the way we travel, but with this convenience comes new challenges on the road. As Uber’s popularity surges, so does the spotlight on its safety records. Examining Uber accident statistics provides a clearer picture of the risks involved and the current state of ridesharing safety.
An increase of approximately 3% in motor vehicle fatalities was attributed to the ridesharing industry, according to a 2019 study by the University of Chicago Booth School of Business. Larger cities experienced the greatest increase in accidents when ridesharing platforms like Uber became available.
Uber’s annual safety report for 2019 to 2020 highlighted that 99.9% of their trips ended without any safety-related issues. With tens of thousands of daily trips and a high concentration of users in San Diego, San Francisco, and Los Angeles, even the 0.1% rate of potential accidents calls for a serious solution.
The fact that 101 individuals were killed in 91 fatal Uber crashes that year is incredibly alarming. It’s also worth noting that the leading causes of these tragic collisions are speeding (32%) and drunk or impaired driving (23%).
Where Do Uber Accidents Often Occur In San Diego?
While Uber accidents can happen anywhere a ride takes you, some areas see a higher frequency. Densely populated areas, such as downtown San Diego, naturally experience more traffic, which translates to a higher likelihood of accidents involving rideshare vehicles.
Uber accidents also often happen at night because many people use the rideshare service for safe transportation after enjoying San Diego’s vibrant nightlife.
Here are some areas where Uber accidents frequently occur:
- Fifth Avenue
- University and Marlborough Avenues
- Interstate 15
- Freeway 67
- Interstate 5
- El Cajon Boulevard
Why Is Uber So Popular?
Uber has become incredibly popular in recent years because it offers users a valuable yet convenient service. With the promise of convenience, ridesharing has become a way of life for many San Diegans. Drivers are given the flexibility to work wherever and whenever they want, while riders can hail a car with just a few taps on their phones. In counties like San Diego, you might not need to buy a car or wait for a bus if you have Uber service.
Additionally, an Uber ride may cost less than a traditional taxicab, which in itself makes the service more enticing for patrons. Other benefits include:
- Convenient payment methods.
- No more waiting outdoors in bad weather for a ride.
- Carpooling and other sharing alternatives can be less costly.
Despite their convenience, rideshares also come with their share of risks. While ridesharing services promote their services as safe, especially for drinkers, skeptics argue that rideshares might encourage excessive drinking among riders. Lawyers focusing on Uber accidents in San Diego and throughout California can attest that rideshare crashes do occur.
Common Causes Of Uber Accidents
Many experts have praised Uber and other ridesharing services as possible solutions to drunk driving. However, the risk of Uber rides being involved in an accident persists, regardless of whether the drivers are distracted, on unfamiliar routes, or for any other reason.
The following factors contribute to Uber accidents:
Driving Under The Influence (DUI)
As mentioned, around 23% of Uber accident cases involved a drunk driver. Overall, alcohol was involved in 2,598 fatalities and injuries in 2023, which represents 14% of all traffic collision cases in San Diego. The California Statewide Integrated Traffic Records System (SWITRS) also reported 201 cases (1%) involving drugs.
Alcohol, illegal drugs, and certain medications impair the driver’s coordination and judgment. They might experience slow reaction times, which can lead to dangerous situations. Drunk driving that leads to injuries or fatalities is a felony in California. Our Uber accident lawyers, who are also knowledgeable in DUI cases in San Diego, will evaluate this aspect while building a case.
Drowsy Driving
There is a 12-hour driving time limit per day for Uber drivers, assuming they are well-rested. However, it is common for Uber drivers to drive for extended periods, pushing themselves beyond their physical limits to earn more money.
Fatigue has similar effects to being drunk. Thus, it can be implied that fatigue can impair a driver’s judgment and reaction time, similar to the effects of alcohol. When they fall asleep while driving, they are highly likely to be involved in severe accidents.
Distracted Driving
Uber drivers primarily rely on the in-app GPS system when transporting passengers to their destinations. Although Uber requires its drivers to use hands-free devices, not all of them do so. There is still a risk of distraction even when using hands-free devices. Any form of distraction, like using the phone, eating, or talking to passengers, even for a few moments, takes the driver’s attention away from the road, along with potential traffic hazards and situations, making distracted driving just as dangerous as drunk or fatigued driving.
Violating Traffic Laws
As with all other motorists, Uber drivers are expected to comply with all traffic laws. Uber drivers frequently drive in unfamiliar areas of the city and, therefore, need navigation apps or their Uber app while driving. These drivers are more likely to miss traffic signs and commit other violations.
Speeding
In the United States, speeding is one of the leading causes of fatal traffic accidents. Since Uber drivers are paid per mile, some try to maximize their earnings by dropping off passengers as quickly as possible. By doing so, drivers are risking the lives of their passengers and other motorists.
Some Uber accidents in San Diego may involve drivers with different experience levels. A passenger is unlikely to be responsible for an Uber accident, regardless of how it occurs. Victims of Uber accidents may be entitled to compensation for their injuries, so it’s recommended to talk with attorneys in San Diego.
Common Mistakes Uber Accident Victims Should Avoid
One significant mistake accident victims should avoid is speaking directly with the insurance adjuster. At the time, providing information may seem harmless. But insurance companies might use your words against you.
Another mistake is when victims try to reassure the at-fault driver. Injury symptoms don’t appear right away after an accident all the time. A rush of adrenaline can mask the pain for hours or even days after an injury. People often claim they are fine because they haven’t felt any pain. When they experience symptoms of an injury, they don’t realize that their initial claims of being fine could prevent them from getting compensation.
Additionally, not having legal representation, such as a lawyer, may make it challenging for the accident victim to pursue fair compensation for their injuries. The insurance company may offer a quick settlement, which may not be sufficient to cover all your accident-related losses. You may not realize this unless you know how to calculate the full value of your damages. With the help of an experienced attorney, you may have a better chance at pursuing sufficient compensation.
How Uber Auto Insurance Works – Four Periods Of Uber Insurance
In California, rideshare companies such as Uber must purchase car insurance for their drivers and additional coverage for accidents. As long as the Uber app is running, the accident is covered by the company’s liability insurance policy. Rideshare insurance coverage varies depending on whether passengers are in the vehicle and is based on four different periods or stages.
Period Zero
If the Uber app is not open or the driver is not accepting rides, the company’s insurance policy will not apply. Should the accident occur during this period, check the driver’s insurance policy first. If the at-fault driver lacks or has insufficient insurance for the victim’s injuries, the victim can file an uninsured/underinsured motorist claim with their policy, assuming they have such coverage.
Period One
Uber drivers have the following insurance limits when they are awaiting a ride request and an accident happens:
- Bodily injury liability coverage of $50,000 per person or $100,000 per accident.
- Liability coverage of $25,000 per accident for property damage.
Period Two
After the Uber app matches a driver with a passenger, period two begins. Uber must maintain these insurances during this period:
- $1 million for property damage, injuries, and third-party liability.
Additionally, Uber maintains insurance coverage for car repair costs up to the actual cash value, with a deductible of $2,500. However, this policy is contingent on the driver’s personal comprehensive and collision coverage.
Period Three
As soon as the Uber driver picks up a passenger, period three begins. Period three coverage is identical to that of period two. Until the driver drops off the passenger, this coverage remains in effect.
In periods two and three, California’s TNC regulations require Uber to provide underinsured and uninsured motorist coverage of up to $1 million.
The specific facts of a rideshare accident can create complex insurance issues. Multiple insurance policies are often involved in these accidents, including those of the driver, Uber, and the accident victim. Unfortunately, injured victims may find it difficult to pursue fair compensation from insurance companies, even when they sustain severe injuries. These companies may question the severity of the injuries, dispute fault, or even provide lowball offers. In the face of such potential issues, it is advisable to consult an experienced lawyer prior to speaking with an adjuster so as not to compromise your chances of seeking a fair settlement.
What To Know About Self-Driving Ubers
Uber has already presented new challenges to the law dealing with auto accidents. Uber’s use of self-driving cars in California has only complicated matters. Its self-driving vehicles pose several risks, including software glitches, limitations in detecting and reacting to unpredictable human behavior, adverse weather conditions, and the possibility of being involved in road accidents.
Uber crashes involving self-driving vehicles can result in injuries. It’s not too late to file a claim. You can file a claim in California within two years from the date of the accident. Knowing your rights is crucial. Schedule a consultation if you haven’t spoken to our San Diego Uber accident lawyers yet.
Who Is Liable For Uber Crashes?
Our Uber accident lawyers in San Diego often receive questions about Uber’s liability for car accidents involving its drivers. Rideshare driver legislation was passed in California specifically to address the issue, and the answer is very complex. In many cases, though, the driver and the rideshare giant itself can be held liable for Uber crashes.
Usually, only negligent drivers are responsible for personal injuries in car accidents, or if the vehicle owner is at fault. When an accident occurs with an employed driver, such as a taxi or truck driver, the employer is also liable. This is known as ‘vicarious liability’ in the legal world. Accidents involving Uber fall somewhere between those involving private passenger vehicles and those involving taxis.
Uber drivers are independent contractors (not employees), giving them complete scheduling flexibility. California law gives app-based drivers basic rights, including insurance policies, health care subsidies, and more. However, it still doesn’t classify them as employees. Due to this legal distinction, Uber is generally protected from imputed car accident liability, and injured parties can instead sue the negligent driver for their injuries. Nonetheless, the company may still be held liable in some circumstances under Prop 22.
A rideshare company that violates specific safety and insurance regulations may be directly or indirectly liable for a car accident that one of its employees causes. Due to direct liability, injury claimants and their families typically receive higher insurance payouts. In such cases, Uber’s lawyers frequently attempt to contest liability. If you wish to bring a direct liability claim against the company, you can consider hiring experienced Uber accident lawyers in San Diego.
Uber’s Liability In Accidents
Uber and its competitors are subject to specific responsibilities under California’s ridesharing legislation. Collecting compensation from their platforms may be possible when rideshare companies violate hiring, insurance, and driver safety guidelines.
All Uber drivers must undergo safety training. The company can be held liable if it allows those who did not complete this training to start driving. It should also perform background checks to look into the applicants’ driving history. This helps prevent it from accepting drivers who have past instances of reckless driving or criminal assault.
According to BPC 7458 and 7459, rideshare drivers must undergo the following training:
- Sexual assault and harassment training.
- Courses on defensive driving.
- Risk factor identification and collision avoidance training.
- Criminal background checks at the local and national levels.
- Background checks for traffic-related crimes (reckless or drunk driving) and/or driving records.
Additionally, Uber must take action against any safety complaints against drivers. The law BPC 7460 mandates a zero-tolerance policy for drug and alcohol abuse among rideshare drivers. Anti-fatigue laws in California limit drivers to 10 consecutive hours of driving within a 15-hour period. Our San Diego Uber accident lawyers can access driver reviews, login records, and past complaints to determine if a driver should have been suspended.
Uber’s Umbrella Liability Policy
Rideshare companies in California must meet certain requirements regarding liability in traffic incidents. Accidents involving commercial rideshares are generally not covered by drivers’ personal auto insurance policies. For this reason, BPC 7455 requires Uber to carry at least $1,000,000 of personal injury liability insurance on its actively engaged vehicles.
Rideshare drivers and riders are only covered by this insurance if the driver actively provides rideshare services at the time of the accident. Active engagement occurs between when a ride or delivery request is accepted and when the driver completes it. Traditional motor vehicle accident laws apply when Uber drivers are not actively providing services.
What To Do If You Are Involved In An Uber Accident In San Diego
Like with any other auto accident, there’s a process you need to follow to protect your rights to compensation after getting injured in an Uber accident. If you’re able:
- Move to a safe location, but stay at the scene.
- Check if anyone is injured and confirm whether everyone is okay.
- Report the accident to law enforcement.
- Obtain witness information and pictures of the accident scene if possible.
- Despite the appearance of minor injuries, you should seek medical attention.
- Report the accident to Uber.
- Contact our San Diego Uber accident lawyers for an evaluation of your case.
Leaving your injuries untreated might cause them to worsen and might affect your right to pursue adequate compensation. Even if you think you have a minor injury, especially when another person’s negligence caused it, there may be a chance that it can become a serious medical issue later. Contact our San Diego Uber accident lawyers for a free initial consultation.
What Should I Do If Someone Contacts Me After My Uber Accident?
After an Uber accident, you might receive a call from the company’s claims support team. While this seems straightforward, you should remember that the claims adjuster’s primary responsibility is to Uber, not you. They may attempt to gather information that could minimize your claim’s value. So be courteous but cautious. Share your name and contact information, but avoid elaborating on the accident itself.
Uber acts swiftly after an accident, gathering time-sensitive evidence and eyewitness accounts while they’re still fresh. You should try to react just as promptly. Seek legal representation that can uphold your rights. Our experienced San Diego lawyers will advocate for you against at-fault parties, which may include Uber, insurance companies, and other parties potentially liable for the accident.
Settlement in a motor vehicle accident; client suffered internal injuries– JUDD ROSS ALLEN
Typical Injuries In An Uber Accident
Rideshare accidents can cause a wide range of injuries, similar to any car collision. Our experienced Uber accident lawyers in San Diego can help you pursue compensation for the following injuries:
- Severe bruising or contusions
- Lacerations or puncture wounds
- Spinal cord injuries
- Whiplash
- Neck and back injuries
- Concussions
- Traumatic brain injuries
- Open head or facial wounds
- Internal organ damage
- Significant scarring and disfigurement
Beyond these visible physical injuries, our dedicated team of attorneys in San Diego also helps Uber accident victims who are dealing with emotional trauma. We can assist in seeking compensation for anxiety, PTSD, and other mental health issues caused by the accident.
Damages Victims Can Potentially Recover In An Uber Accident
The law generally provides victims injured in accidents with two types of damages: compensatory and punitive. Under California law, accident victims may hold negligent parties liable for their injuries and damages, depending on the specific circumstances of the case. They can sue the party or parties they believe are responsible for causing the accident.
Compensatory Damages
As the name implies, compensatory damages aim to restore victims to their pre-accident status. It is further categorized into two types: economic and non-economic. Economic damages include those that are relatively easy to quantify, such as:
- Lost income
- Reduced earning potential in the future
- Damage to property
- Expenses associated with past and current medical bills, including hospital bills
- Future medical costs
- Additional out-of-pocket expenses
On the other hand, non-economic losses are more subjective, and their values are more difficult to determine. Even so, these damages are equally or even more critical in many car accident cases. Non-economic damages include the following:
- Pain and suffering
- Distressed emotions
- Reduced quality of life
- Irreversible impairment or disfigurement due to the accident
- Loss of a relationship
Punitive Damages
Punitive damages are not necessarily meant to compensate victims. By awarding punitive damages, the court emphasizes the seriousness of exceptionally harmful conduct and discourages similar behavior in the future. Damages like these clearly convey to others in similar situations that this type of action or behavior is intolerable. Do note that in civil cases, such as personal injury, such damages are rarely awarded and typically only apply to cases where the at-fault party is grossly negligent or extremely reckless.
In order for your San Diego Uber accident lawyers to build a valid claim and potentially recover damages for you, they must establish the at-fault party’s negligence by proving the following:
- The accident victim sustained injuries.
- The Uber driver showed negligence.
- The victim’s injuries were caused by negligence.
Let our Uber accident lawyers in San Diego assess what damages you may be entitled to for your losses. The final settlement you may receive can potentially cover all the losses you incurred due to someone else’s negligence.
Frequently Asked Questions
Does California’s Pure Comparative Negligence Law Apply In San Diego Uber Accidents?
When discussing damages in Uber accidents in California, it’s imperative to understand the state’s pure comparative negligence statute. Although Uber passengers are rarely responsible for their accidents, multiple parties may be at fault.
Even if a victim was partially at fault, the law still allows them to obtain damages. However, their fault percentage reduces their compensation amount. For example, if a victim is to be awarded a certain amount in damages and the court determines them to be 30% responsible, then 30% of the total damages will be deducted.
California’s pure comparative negligence laws favor accident victims. However, there is a chance that the at-fault party may attempt to shift some of the responsibility onto them. A personal injury lawyer can help uphold the victim’s rights and protect them from being unfairly blamed. Working with qualified attorneys in San Diego can also help them pursue adequate compensation for their losses.
Why Do I Need Help From A Lawyer For My Uber Accident?
Rideshare cases are complicated and can result in high-value insurance payouts. Injured claimants who find such cases difficult to handle by themselves may want to seek a dedicated San Diego Uber accident lawyers to handle their case. Claimants may encounter difficulties like receiving low settlement offers from insurers or having their claims denied. If you are involved in a San Diego Uber accident, having experienced attorneys on your side may help you deal with such situations better and pursue a fair settlement.
What Do I Bring To My Initial Consultation With An Uber Accident Lawyer?
The more information you can provide, the better. Here’s what our San Diego Uber accident lawyers typically ask for during the initial consultation:
- Visual Evidence – Bring photos and videos of the accident scene, your injuries (if possible), and any vehicle damage.
- Detailed Account – A written statement outlining the accident is crucial. Include the date, time, location, events leading up to the crash, and any injuries you sustained.
- Witness Statements – If anyone witnessed the accident, obtain written statements from them if possible. These can strengthen your case.
- Police Report – This can provide valuable details about the accident and any contributing factors.
- Medical Records – Gathering medical records related to your injuries can help your lawyer assess the full extent of your damages.
How Much Does An Uber Accident Lawyer Charge?
Most Uber accident victims struggle to pay their medical bills after serious crashes, and many need to rely on minor state disability benefits. Our San Diego Uber accident lawyers understand that California families may struggle to afford traditional legal fees after an accident. This is why many accident lawyers offer contingency fee arrangements.
These delayed fee agreements enable victims to access crucial legal support without incurring additional costs. The attorney receives a fraction of your total compensation as a fee. If no compensation is obtained, no legal fees will be incurred. However, clients may still be responsible for case-related costs, regardless of the outcome.
Should I Accept A Quick Offer From Uber’s Insurance Company?
While a quick resolution is tempting, we advise against accepting this initial offer. The settlement that insurance companies offer at the start may be insufficient to cover your injuries and may not fully account for the true value of your claim.
Take the time to understand your rights and the options available to you. Our Uber accident lawyers in San Diego can help you make informed decisions. We are dedicated to pursuing a settlement that represents the damages you have endured due to the accident.
How Long Do I Have To File A Lawsuit After An Uber Accident In California?
Generally, the statute of limitations for personal injury claims in California is two years from the date of the accident. This means you have a window of two years to file a lawsuit seeking compensation for injuries you’ve sustained in an Uber accident.
The sooner you start the process, the better your chances of a successful outcome. Waiting too long could jeopardize your ability to seek justice. Memories fade, and physical evidence can deteriorate over time. Prompt legal action enables early access to fresh evidence, witness statements, and accident details.
Our San Diego lawyers who work on Uber accidents strive to meet all deadlines for your claim. We’ll submit all necessary paperwork on time and keep your case moving forward.
Call Our San Diego Uber Accident Attorneys
If Uber rejects your claim or proposes a settlement that doesn’t fully address your damage, it’s wise to consult skilled Uber accident lawyers in San Diego. We can evaluate your case and assess your options.
We’re equipped to help you negotiate with Uber and, when necessary, initiate a personal injury claim. Identifying who is responsible for the incident and assisting you in obtaining the proper compensation can be a complex process. Engaging with our San Diego Uber accident attorneys may provide clarity and reassurance after such a traumatic event.
For a detailed discussion about your Uber-related accident, call our knowledgeable car accident lawyers at (888) 488-1391 or contact us online to schedule a free initial consultation.
Arash Law, led by Arash Khorsandi, Esq., has extensive experience managing intricate rideshare accident cases in San Diego. We’ve also handled various cases for clients across California, including neighboring cities like Chula Vista, El Cajon, La Mesa, Oceanside, and Escondido, as well as larger cities like Los Angeles, San Francisco, Sacramento, San Jose, and Riverside.
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