San Luis Obispo Uber Accident Lawyers
- Can a Person Sue Uber for a Car Accident?
- Uber Accident Statistics
- Kinds of Uber Accidents in San Luis Obispo
- Why People Need an Uber Accident Attorney in San Luis Obispo
- How Much Are Uber Accident Cases Worth?
- Can Uber Be Held Liable for Injuries?
- Common Kinds of Uber Accident Injuries
- Possible Damages in an Uber Accident Case
- Understanding Options for Injuries in an Uber Accident
- How Hard Is It to File a Lawsuit Against a Rideshare Company?
- How Does Rideshare Insurance Coverage Work?
- How Can San Luis Obispo Rideshare Accident Lawyers Help People?
San Luis Obispo Uber Accident Lawyers dedicated toTurning Victims Into Victors
If you or a loved one suffered from an Uber accident, you’ll need aggressive San Luis Obispo Uber accident lawyers on your side to fight for your rights. Call our expert Arash Law attorneys at (888) 488-1391 to start building your winning case.
San Luis Obispo is home to California Polytechnic State University, which boasts over 20,000 students and makes rideshare companies like Uber extremely commonplace for people who are looking to get around the area. It is also home to Cuesta College, which has another 10,000-plus students.
While Uber is largely viewed as an easy and convenient way for people to arrange rides to and from certain destinations, the truth remains that Uber vehicles are just as likely to be involved in motor vehicle accidents as any other car on California roads. According to the California Office of Traffic Safety (OTS) Annual Report for 2021, over 30,000 people had been killed, and 100,000 people had been seriously injured in California since 2010.
The report stated that the deadly trend was worsening, especially for people who are walking or biking. There was an almost 50 percent increase in annual deaths and serious injuries for pedestrians and a more than 60 percent increase in bicyclists killed per year since 2010.
When people are involved in car accidents with Uber vehicles, it becomes incredibly important for them to retain legal counsel without any delay. Founded by famous attorney Arash Khorsandi, Esq., Arash Law handles car accident cases all over California and understands many of the complexities involved in San Luis Obispo cases. So you can count on our San Luis Obispo Uber accident lawyers to thoroughly investigate your crash and help you prove that an Uber driver bears responsibility for your injuries.
We have decades of experience handling all kinds of motor vehicle collision claims, so we know how to fight to help people win these types of cases. It is important for people to understand that Uber is a very large company that will try its hardest to avoid any liability for an accident, so a person will usually need the help of qualified San Luis Obispo Uber accident lawyers to prove that the company bears some level of liability for a crash.
Gil v. Anderson Plumbing: verdict by a Los Angeles County Superior Court jury in Van Nuys awarded to a man who was injured when his vehicle was struck from behind by a large commercial plumbing van. Benny was part of the trial team that obtained this verdict.– BENNY KHORSANDI
Can a Person Sue Uber for a Car Accident?
Yes, Uber can be sued for a car accident involving an Uber vehicle. However, there are some factors you must consider. One of which is establishing liability.
Liability for an Uber accident can be a somewhat tricky proposition because liability in these cases will often depend on whether an Uber driver was logged into their Uber app and what stage of the process they were involved in. When an Uber driver is not logged into the app or the app is off, it will usually be the Uber driver’s own personal car insurance policy that covers all damages.
If an Uber driver is available on the app or waiting for a ride request, then Uber will maintain auto insurance on a driver’s behalf in the case of a covered accident. This insurance will include third-party liability if a driver’s own personal insurance does not apply and provides $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
Should a driver be en route to pick up passengers or otherwise actively involved in a trip, Uber will maintain automobile insurance on the driver’s behalf in the case of a covered accident and provides $1 million in third-party liability, uninsured or underinsured motorist bodily injury or first-party injury insurance, contingent comprehensive and collision, and up to actual cash value of a car with a $2,500 deductible.
Uber accidents and the processes involved in filing a claim for your losses can be challenging to deal with on your own. However, with the help of dedicated San Luis Obispo Uber accident lawyers, you can have peace of mind that your case and your recovery will be taken care of.
Uber Accident Statistics
Uber’s United States Safety Report webpage states that 99.9 percent of trips in 2019 and 2020 ended without any safety incident, and only 0.0002 percent involved a critical safety event. Uber’s 2019-2020 Safety Report stated that over 500,000 prospective drivers did not make it through Uber’s screening process, and more than 80,000 drivers were removed from the app because of the company’s continuous checks.
The report stated that 101 individual motor vehicle fatalities occurred across 91 fatal Uber-related crashes, accounting for about 0.000005 percent of total trips or one in 20 million trips. In 2019 and 2020, 20 fatalities were reported in a total of 19 physical assault incidents in relation to Uber, and 75 percent of the fatalities were riders using the Uber app, while 25 percent were drivers using the Uber app, accounting for about 0.000001 percent of total trips, or one in 100 million trips and representing an increase of 18 percent from 2017-2018.
The total number of sexual assaults reported across the five categories included in the report went from 5,981 in 2017-2018 to 3,824 in 2019-2020, or a decrease of 38 percent. Non-consensual sexual penetration was reported on about 1 in 5 million trips or about 0.00002 percent; non-consensual kissing of a sexual body part was reported in one in every 5 million completed trips; instances of non-consensual touching of a sexual body part were reported in about one in every 1 million trips; attempted non-consensual sexual penetration was reported in about one in 7 million completed trips; and non-consensual kissing of a non-sexual body part was reported in about one in every 3 million trips.
Kinds of Uber Accidents in San Luis Obispo
People can be involved in different kinds of car accidents that can involve a wide range of possible causes. In most cases, one driver’s negligence is usually to blame for causing a crash, and that driver is usually the party that is liable for damages.
Some of the most frequent causes of Uber accidents tend to include, but are not limited to:
- Distracted driving – OTS reported that 3,142 people were killed nationwide in crashes involving a distracted driver and accounted for 8.7 percent of all traffic deaths. The National Highway Traffic Safety Administration (NHTSA) also reported that distracted driving killed 3,522 people in 2021.
- Speeding – OTS also reported that 29.1 percent of California’s 3,623 motor vehicle fatalities that were speeding-related accounted for the second-highest number of speeding-related fatalities in the nation.
- Driving under the influence (DUI) – The California Department of Motor Vehicles (DMV) states that it is unlawful for people to drive when they have a blood alcohol concentration (BAC) of 0.08 percent or higher if they are over 21 years of age, 0.01 percent or higher if they are under 21 years of age or are on DUI probation, or 0.04 percent or higher if they drive a vehicle requiring a commercial driver’s license or are driving a passenger for hire.
- Driver fatigue – Drivers for Uber or other rideshare companies do not have to comply with the same restrictions for time on the road that typically apply to commercial truck drivers, meaning many drivers can work very long hours and then risk being drowsy while behind the wheel. Fatigued drivers are far more likely to commit very common errors that cause crashes.
- Equipment failure – It is not always an Uber driver that is to blame for a car accident, as some cases can involve mechanical issues with a motor vehicle that causes an accident. In such cases, it may be possible that a part manufacturer is liable if a part is defective, but a mechanic of another service entity can also be liable if repairs were improperly performed.
- Failure to obey traffic laws – Many Uber drivers are negligent simply for not following traffic laws as they relate to traffic signals and signs or violating right-of-way rules.
Understanding the California Civil Code
Under California Civil Code § 3333.4, a person who was uninsured at the time of an accident is prohibited from seeking non-economic damages such as pain and suffering from an at-fault driver, even when they were not at fault. A person is not, however, barred from recovering non-economic damages to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, or other nonpecuniary damages if the negligent driver is convicted of DUI.
Under California Civil Code § 1714, every person is legally responsible for the results of both their intentional actions and their negligent ones. Even when a person did not mean to injure another party, they can still be held liable when their willful actions caused harm.
Why People Need an Uber Accident Attorney in San Luis Obispo
All kinds of car accidents have the potential to cause highly serious injuries that can have extremely disruptive effects on a person’s life. In most cases, people will require immediate medical attention to treat their injuries, and then they may face several rounds of follow-up care to help deal with the injuries.
On top of the medical costs people are facing, several people will be unable to return to work for extended periods of time. Even when a person is cleared to return to work, the nature of their injuries can result in them having to accept lower-paying roles with lesser work.
Medical bills and lost income are generally two of the most common kinds of economic damages people will be seeking in any car accident case, especially Uber accidents. A person will want to work with a San Luis Obispo Uber accident attorney when they need help recovering all of the compensation required to cover these kinds of costs because chances are very good that the insurance company for the negligent driver is not going to be inclined to pay what is necessary.
Hiring a lawyer is important in these cases because they can immediately commence an independent investigation into the cause of an Uber accident and know how to secure all of the evidence needed to prove a person’s claim. When crashes involve multiple vehicles, liability can be much more complex, and an attorney will know how to figure out who should be accountable.
Arash Law can offer extensive experience handling various types of car crash cases, and we know how to help people get all of the compensation they are entitled to. You can count on our firm to negotiate a fair and full settlement to your case, but we will not be afraid to file a lawsuit to take your case to trial when an insurer proves to be unwilling to compensate you appropriately.
A lawyer is often necessary for helping people calculate all of their damages in these types of cases because it will usually be necessary to prove all of the damages a person is seeking. The San Luis Obispo Uber accident lawyers at Arash Law, under the leadership of Arash Khorsandi, Esq., will know how to collect the necessary evidence relating to medical expenses, lost income, and other kinds of losses.
How Much Are Uber Accident Cases Worth?
It is difficult to speculate about the estimated value of any accident case in general because every single car crash is a unique case that can have various complicating factors. Certain people can be entitled to more compensation when a driver’s negligence is more significant or if Uber itself bears liability for an accident.
Your San Luis Obispo Uber accident attorneys can help you get a better estimate of exactly how much money you can probably expect, but it is important to remember that settlement negotiations in these cases can often take considerable time. Some settlements may be reached rather quickly, but many others will take several months or possibly even years.
It again needs to be stressed that the time period in which an Uber driver was active will play a major role in recovery in these cases and whether Uber itself can be held liable. People should not assume that there is a base range for settlements in these cases because every single crash is going to be its own independent case.
Can Uber Be Held Liable for Injuries?
Uber will often deny liability for most car accidents involving its vehicles because they are quick to point out that their drivers are independent contractors, not actual employees. Uber classifies its drivers in this manner to avoid having to pay benefits but also to limit the company’s liability for any wrecks.
More often than not, it will be an Uber driver’s personal automobile insurance policy that covers the damages arising from any accident. Uber can only be held liable in certain limited situations.
If Uber was negligent in how it screened a driver, the company could be directly liable for a victim’s injuries. Negligent hiring, training, or supervision can all be possible claims against Uber.
How Long Does a Person Have to File a Lawsuit?
As the California Courts website notes, people have two years from the date of an injury to file a lawsuit, although when an injury is not discovered right away, they will have one year from the date the injury was discovered. In most car accident cases, lawsuits are not necessary because insurance companies will want to settle the case rather than pay the enormous expenses associated with taking a case to trial.
Recovering Damages for Defective Motor Vehicle Parts
Again, Uber drivers are not always at fault for causing car accidents, as sometimes it may have been the motor vehicle itself that was responsible for a crash. Defective or malfunctioning parts can cause many different kinds of severe injuries.
Some of the most common kinds of defective parts can include airbags, seatbelts, brakes, tires, and steering mechanisms. When a part is actually defective, it may be a manufacturer that bears liability, while parts that were improperly installed or maintained can make a mechanic or other service party liable.
Common Kinds of Uber Accident Injuries
All car accidents have the potential to cause any one of multiple types of devastating injuries. People may suffer multiple injuries in certain wrecks.
Common types of injuries in Uber accidents include, but are not limited to:
- Fractures or broken bones
- 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
Possible Damages in an Uber Accident Case
When a person is seeking compensatory damages in a personal injury case, the damages are usually divided into two types: economic damages and non-economic damages.
Economic damages are actual losses people can calculate and prove. Common examples often include:
- Past, present, and future medical bills
- Long-term medical care costs
- Lost income
- Diminished earning potential
- Vehicle repair
Non-economic damages, on the other hand, are for losses that cannot be objectively verified. These damages can include:
- Pain and suffering
- Emotional distress
- Loss of society and companionship
- Loss of consortium
- Injury to reputation
A third and much less common kind of damages is punitive damages, and these damages are only awarded when a person proves by clear and convincing evidence that a negligent party was guilty of oppression, fraud, or malice. Punitive damages are generally more common in drunk or drugged driving cases.
Settlement in a motor vehicle accident involving a commercial agricultural defendant – client suffered spinal injuries
– JUDD ROSS ALLEN
How Does Rideshare Insurance Coverage Work?
Uber’s insurance policy for drivers works as follows:
- If a driver is offline or the Uber Driver app is off – The driver’s personal insurance company and coverage will apply.
- If a driver is available or waiting for a ride request – Uber maintains auto insurance on the driver’s behalf in case of a covered accident that offers third-party liability when the driver’s personal auto insurance does not apply. The policy provides $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
- If a driver is en route to pick up riders or actively involved in a trip – Uber maintains auto insurance on a driver’s behalf in case of a covered accident that provides $1 million in third-party liability, uninsured or underinsured motorist bodily injury, or first-party injury insurance, contingent comprehensive and collision, and up to actual cash value of a car with a $2,500 deductible.
People who suffer injuries in a ridesharing vehicle collision can be eligible for various kinds of compensation in these cases. The specific circumstances of a crash can play a major role in the amount of damages a person might receive.
Most injury victims will be forced to deal with insurance companies that often attempt to deny claims or simply offer lowball settlement amounts that fall far short of what people deserve. A San Luis Obispo Uber accident lawyer will best be prepared to help people navigate the entire claims process and proceed appropriately.
Other Risks of Using Ridesharing Services
Keeping in mind the aforementioned Uber statistics relating to the number of drivers the company does not hire or terminates, ridesharing companies try to actively monitor their drivers and ensure they are complying with the law. There are still a significant number of Uber drivers who can work for the company despite some rather concerning criminal backgrounds.
Another concern with Uber drivers beyond just their driving can be their behavior towards passengers during trips or at the conclusion of them. Some drivers make unwanted sexual advances, and these situations can turn into sexual assault in some cases.
People need to be aware that they can have the right to pursue compensation when they have been victims of violent acts by Uber drivers as well as simple car accident cases. It can be important for victims in these cases to come forward because taking legal action may compel Uber to fire the driver and hopefully prevent anybody else from experiencing similar misconduct.
How Can San Luis Obispo Rideshare Accident Lawyers Help People?
Our team of San Luis Obispo Uber accident attorneys from Arash Law will be prepared to help individuals with all kinds of claims against Uber drivers. We know how to investigate these types of cases and collect all of the evidence necessary to prove any wrongdoing by an Uber driver.
Some of the most common issues that we help people with include car accidents caused by Uber drivers, car accidents involving Uber vehicles, injuries caused by Uber drivers, injuries caused by the negligent behavior of Uber drivers, and assaults perpetrated by Uber drivers.
Uber Accident Attorneys You Can Trust in San Luis Obispo
Did you sustain catastrophic injuries, or was your loved one killed in an Uber accident in the greater San Luis Obispo area? You should not hesitate to seek legal help with your case. Arash Law, managed by Arash Khorsandi, Esq., will know all of the best ways for you to proceed with your claim against Uber and its driver.
We also cover surrounding areas including, Pismo Beach, Grover Beach, Arroyo Grande, Morro Bay, Santa Maria, as well as nearby counties, such as Monterey County, Santa Barbara County, and Kern County and beyond.
Our firm has handled scores of Uber crashes all over California, so we know what needs to be done in these cases and will have the most solid idea of ways in which Uber can be held accountable. Call (888) 488-1391 or contact us online to take advantage of a free consultation at which we can fully discuss your case with you and explain everything we can do for you.