San Jose Uber Accident Lawyers
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San Jose Uber Accident Lawyers Protecting The Injured One Case At A Time
Accidents can happen when you’re least expecting them. If you sustained injuries from a rideshare accident, you can reach out to one of our San Jose Uber accident lawyers for help. Call Arash Law at (888) 488-1391 for a free, no-obligation consultation.
In various locations across the United States, many individuals use Uber and other ridesharing services to travel to and from different places. The greater San Jose area in California is a popular location for these services because many residents rely on basic rides to reach various parts of the city.
The unfortunate truth about ridesharing companies like Uber is that many of their drivers are not professionally trained, meaning they often lack the necessary knowledge and experience to drive appropriately in all situations. Unlike commercial truck drivers or formal taxi drivers, Uber and other rideshare drivers are usually individuals looking for a way to supplement their income.
When you find yourself in an Uber accident, and you want to know the steps to pursue justice for your injuries, know that help is a phone call away. At Arash Law, our Uber accident lawyers in San Jose can dedicate their knowledge, time, and effort to help you seek compensation for your pain and suffering.
Understanding The Risks And Your Rights In Uber-Related Accidents
Some Uber drivers work long hours, which increases the risk of people operating while suffering from driver fatigue. The fact is that the rideshare industry does not face the same kinds of regulations that apply to commercial vehicles. Unfortunately, many innocent people, whether they are occupants of other motor vehicles, pedestrians, or bicyclists, can be placed at risk of serious accidents caused by Uber drivers.
If you have suffered severe injuries or your loved one was killed in an Uber accident in the San Jose area, you may need to obtain legal counsel to seek fair compensation for your losses. Our San Jose Uber accident lawyers at Arash Law have helped people all over California handle these kinds of cases. We have the knowledge and experience to help you pursue accountability from a rideshare company, their drivers, or any other at-fault party.
Uber Technologies, Inc., based in San Francisco, may carefully review accidents involving its drivers to assess the extent of its potential responsibility. As such, attempting to settle these kinds of cases on your own may be a daunting task. One of the challenges personal injury victims encounter is that Uber drivers are classified as independent contractors, which the company may cite to limit its liability. In certain situations, the driver’s personal automobile insurance policy becomes the primary source of coverage. Our San Jose Uber accident lawyers can evaluate the details of your case and identify which insurance policies apply.
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
Can Uber Be Financially Liable For Accidents Caused By Its Drivers?
In some situations, Uber can be held financially responsible for accidents involving its drivers, but liability often depends on the driver’s status at the time of the crash and the details of the incident. When a car accident involving an Uber vehicle is reported, the claim is often reviewed by Uber or its insurance provider. These evaluations generally consider factors such as the cause of the collision and the degree of fault assigned to each party.
In California, any negligent driver who causes a car accident may be held financially liable for the resulting damages and injuries. Our San Jose Uber accident lawyers, with their combined decades of experience, have supported clients in pursuing compensation from negligent individuals for the pain and suffering they’ve caused.
Determining Negligence
Negligence is defined as the failure to take proper care in performing certain actions. As it relates to a car accident, negligence typically involves four elements:
- Duty of Care — A driver owed a duty of care to all other people, meaning they were required to operate their motor vehicle in a manner that would not harm other people.
- Breach of Duty — A driver breached their duty of care by taking actions that endangered others, such as driving while distracted or while under the influence of drugs or alcohol.
- Causation — The breach of duty caused the car accident, and a person would not have been harmed had the driver not taken the actions causing the crash.
- Damages — The victim suffered both economic and non-economic damages because of the accident.
Injuries from Uber accidents can range from minor to severe, and resolving related claims may take considerable time. Depending on the circumstances, a claim may seek compensation for both economic and non-economic damages, such as:
- All past, present, and future medical bills, prescription medications, and costs of rehabilitation.
- Lost income for time away from work, as well as any future lost income.
- Pain and suffering.
- Emotional distress.
- Disfigurement.
- Loss of the enjoyment of life.
- Loss of consortium.
- Motor vehicle damage or loss of personal property.
When an Uber driver is clearly at fault for causing a car accident, it may be possible that Uber itself will accept liability and be quick to extend a settlement offer. Every victim should scrutinize whether the offer they receive reflects the full extent of their losses.
It is also possible that Uber will deny liability and claim that another driver bears responsibility for causing a crash. In these kinds of situations, a settlement may be more difficult to reach, and the victim might have to file a lawsuit in court to pursue damages.
Car insurance for Uber accidents can be another tricky area for people to navigate because while Uber itself does offer a certain degree of supplemental insurance in addition to the driver’s own personal insurance policy, the situations in which this insurance will apply are very limited. Under certain circumstances, both an Uber driver and the company itself may share liability for damages. Experienced San Jose Uber accident attorneys can evaluate whether Uber itself may be liable for a wreck.
Settlement negotiations usually take some time and a certain degree of back and forth. The rideshare company might often extend an offer, and then the victim may make a counteroffer. This exchange can continue for several months or possibly even years before an acceptable amount can be arrived at. Many car accident claims, including those involving rideshare vehicles, are resolved through settlement as both sides may prefer to avoid the costs and uncertainties of trial.
When disputes arise, attorneys who handle rideshare accident cases can guide clients through the legal process and explain what options may be available for seeking compensation under California law.
Being Injured As An Uber Passenger
Uber accidents typically require the parties involved to comply with the same California state laws as other traffic collisions. Under California Vehicle Code § 20001, a driver involved in an accident resulting in injury to any person or the death of any person must immediately stop their vehicle at the scene of the accident and fulfill the requirements of California Vehicle Code § 20003 and California Vehicle Code § 20004.
As the California Department of Insurance notes, people should immediately call 911 and try to get in touch with the local police department. It is also important to seek medical attention promptly, even if no injuries are immediately apparent. A medical professional can help identify injuries that may not show symptoms right away.
Here are some other steps to consider:
- Obtaining the driver’s contact information, insurance information, license plate number, vehicle make and model, and all other relevant information that can be useful.
- Talking to any witnesses and also getting their contact information, but never discussing fault with them or other drivers. Discussing a crash in too much detail can sometimes result in comments being taken out of context and later used to suggest fault.
- Getting in touch with the local police department or visiting the nearest police station to file a report when police officers do not respond to the traffic crash scene.
- Filing a claim with your own insurance company so it can investigate and determine liability. You can cooperate with your own insurance company representatives, but you should not speak about fault without first consulting an attorney.
- Finding experienced San Jose rideshare accident lawyers who can guide you through the claims process and handle communications with insurance companies on your behalf. Arash Law has handled many rideshare accident claims and knows how to help people pursue the compensation they may be entitled to in these cases.
Liability for an Uber accident can often be complex, and both Uber and insurance companies for drivers involved may seek ways to minimize their potential losses. It is possible that an Uber driver can be at fault for an accident, but it is also possible that another driver bears responsibility for causing a crash.
When Uber drivers are en route to pick up passengers or have passengers in their vehicles, Uber offers up to $1 million in third-party liability insurance. The company also offers uninsured and underinsured motorist bodily injury or first-party injury insurance in certain cases.
People Struck By Uber Drivers
When people involved in Uber accidents were not other drivers or occupants of other motor vehicles, such as pedestrians or bicyclists, they can still have valid injury claims against the Uber driver and possibly the company itself. In most cases, a victim will be filing an injury claim with the negligent driver’s personal insurance company.
Uber itself is only responsible when a driver is actually logged into the Uber app and working for the company. The Uber insurance policy generally breaks down as follows:
- If an Uber driver is not logged into the Uber app or is offline when the accident happens, the only insurance available will be the personal insurance the driver has on their vehicle. Such an instance is essentially the same as being struck by any person who does not drive for Uber. A driver should have the minimum liability insurance required by California state law, which is $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for damage to property.
- If an Uber driver is available to work or waiting for a ride request at the time of the incident, then the driver will have $50,000 bodily injury per person coverage up to $100,000 in bodily injury per accident and $25,000 for property damage per accident. Uber also offers $200,000 in excess liability coverage.
- If an Uber driver was en route to pick up passengers or was actively involved in a trip with passengers at the time of the crash, Uber will offer up to $1 million in third-party liability coverage. There is also uninsured or underinsured motorist bodily injury or first-party injury insurance, as well as contingent comprehensive and collision coverage.
Uber Drivers Struck By Other Motorists
In these situations, Uber drivers will need to file claims with the negligent driver’s insurance company. The same insurance coverages outlined above will again apply for an Uber driver’s benefit.
Common Causes Of Uber Crashes
Uber accidents often stem from the same factors that contribute to many other motor vehicle collisions. Establishing negligence in these cases can be challenging, particularly when multiple parties or insurance providers are involved. San Jose attorneys who handle Uber accident cases can review the circumstances and help explain what legal options may be available.
Common causes of Uber accidents in California often include:
- Distracted Driving — Most Uber drivers rely heavily on their cell phones or other mobile devices to stay abreast of new ride requests and manage their affairs. The result is that many Uber accidents stem from drivers being distracted by these devices, although it is not impossible for Uber drivers to also cause crashes because of other kinds of distractions, such as dealing with unruly passengers while driving.
- Driving Under the Influence (DUI) — While California has a well-established blood alcohol concentration (BAC) limit of 0.08 percent or higher for people over 21 years of age when it comes to driving, the limit is only 0.01 percent or higher if a person is under 21 years of age or any age when a person is on DUI probation, and the limit is only 0.04 percent or higher if a person drives a vehicle that requires a commercial driver’s license or is driving a passenger for hire.
- Driver Fatigue — Many rideshare drivers may work for multiple rideshare companies. These drivers may work very long hours. The problem with this practice is that many drivers do not get adequate rest necessary to drive attentively. Some drivers may doze off or completely fall asleep behind the wheel, causing devastating accidents.
- Driver Errors — Some Uber drivers may be unfamiliar with certain areas or ignore certain traffic laws. Violations of local traffic laws and disregarding certain traffic signs or signals can be very common causes of multiple wrecks.
- Speeding — All Uber drivers have a goal of picking up and then delivering their passengers to destinations as quickly as possible. While all drivers are expected to comply with local speed limits, there may be drivers who exceed the posted limits. Speeding is a contributing factor in many car accidents in California.
- Poor Vehicle Maintenance — It is usually the responsibility of an Uber driver to ensure that the motor vehicle they are operating has been properly maintained and will function without issue. In certain cases, accidents can be the result of brake failure, a tire blowout, or certain other kinds of mechanical issues. In some cases, liability could extend to a parts manufacturer if a defect in the vehicle component is found.
Compensation For Uber Accidents
Following an Uber accident in the greater San Jose area, issues of negligence, liability, and insurance coverage can become complicated. A San Jose Uber accident attorney can assist with these matters.
If a person files a claim against Uber or an Uber driver, they can file a claim for damages such as:
- Current and future medical care, such as ambulance rides, emergency department visits, hospital stays, surgeries, radiology, diagnostics, physical therapy, extended care, and medications.
- Vehicle damage when an Uber driver hits your vehicle.
- Lost income for time away from work related to your injury or reduced income when a person cannot make as much money as they were making before an accident.
- Non-economic damages like pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, or other damages that might apply to a case.
Knowledgeable Uber accident lawyers in San Jose can independently investigate the details of a car accident to assess the full impact of a car crash. This helps in estimating the value of a person’s claim and pursuing the compensation they may be entitled to for the cost of their injuries.
Settlement in a motor vehicle versus pedestrian accident; client, suffered facial and spinal injuries– JUDD ROSS ALLEN
Handling Personal Injury Claims After San Jose Rideshare Crashes
Most rideshare drivers provide services using personally-owned vehicles like sedans and sport utility vehicles (SUVs). Riders will frequently occupy the backseats of such vehicles, which rarely have rear airbags, meaning that Uber passenger injuries will mirror the same ones suffered by rear-seat occupants in other motor vehicle accidents. Examples frequently include the following:
- 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
Third parties who are struck by negligent Uber drivers, such as other vehicle occupants or pedestrians, typically suffer from similar injuries. Such individuals will often have similar insurance compensation rights as Uber passengers but may also need assistance proving their entitlement to high-value insurance funds.
California Business & Professions Code § 7455 establishes that, for the benefit of app-based drivers, occupational accident insurance to cover medical expenses and lost income resulting from injuries suffered while an app-based driver is online with a network company’s online-enabled application or platform is necessary.
The policies must, at a minimum, provide coverage for medical expenses, up to at least $1 million dollars, disability payments equal to 66 percent of the app-based driver’s average weekly earnings from all network companies as of the date of an injury, and average weekly earnings or the app-based driver’s total earnings from all network companies during the 28 days prior to the covered accident divided by four.
Uber passengers and third parties can only file a claim for damages when:
- An accident occurred while an Uber driver was actively providing services, meaning the time between when an Uber driver accepted and completed a rideshare or delivery request.
- A qualifying commercial automobile insurance policy did not otherwise cover the Uber vehicle.
- An Uber driver proximately caused a person’s injuries, such as by violating certain traffic laws, resulting in an accident.
Uber’s policy will not apply if a driver is not logged into their Uber app when the accident occurs. It also will not apply if a driver cancels their service.
The insurance companies backing these policies may conduct their own investigations into these accidents and challenge the extent of their responsibility. If you need help with an Uber accident claim, consider working with skilled San Jose Uber accident attorneys who can help you navigate the complexities of an injury case.
Consult Our San Jose Uber Accident Lawyers
If you suffered injuries or your loved one was killed in a crash involving an Uber vehicle in San Jose, you may want to get yourself legal representation. A call to Arash Law can help with your claim. We can start an independent investigation into your crash to help preserve important evidence and establish liability for the accident.
We serve the entire city of San Jose as well as nearby areas like Santa Clara, Saratoga, Los Gatos, East Foothills, Campbell, and more. Our team can reach you anywhere in California, including Los Angeles, Irvine, San Diego, Sacramento, Santa Barbara, Fresno, and beyond.
Our team is committed to helping you handle your personal injury case. Call (888) 488-1391 or contact us online to schedule a free initial consultation, during which we will review your case and outline all your legal options.
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