Santa Barbara Uber Accident Lawyers
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Santa Barbara Uber Accident Lawyers Navigating Complex Claims With You
With the rise in popularity of Uber, the number of serious collisions involving rideshare drivers has also increased. While these companies have insurance to help cover damages, victims could encounter difficulties in the legal process. Experienced Santa Barbara Uber accident lawyers can help. Contact Arash Law at (888) 488-1391 to schedule a free initial case review.
According to Uber’s 2022 annual report, the company had 131 million monthly active platform users, marking an 11 percent increase from 118 million in 2021. Uber generated $31.877 billion in 2022, representing an 83 percent increase from the $17.455 billion it reported in 2021.
Unfortunately, Uber vehicles are just as likely to be involved in car accidents as any other motor vehicle on California roads, and the California Office of Traffic Safety (OTS) reports that traffic fatalities in the state increased by about 7.6 percent from 3,980 in 2020 to 4,285 in 2021.
When an Uber accident occurs, the claims process can be far more complicated than that in ordinary car crashes. Our skilled Santa Barbara Uber accident lawyers from Arash Law can help you navigate the various complexities you are likely to encounter.
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
Finding The Right Santa Barbara Uber Accident Attorneys
Drivers for Uber must maintain their own personal motor vehicle insurance policies, much like any other rideshare company. Uber does provide supplemental insurance for certain cases, but the company is often quick to point out that its drivers are independent contractors, not actual employees.
This little catch can be distressing to many people who imagine that a major company like Uber can be held financially liable for the damages caused in a major accident. In many cases, however, the driver’s personal insurance policy is the primary source of coverage. There are certainly cases in which a person’s damages will exceed the limits of a driver’s insurance policy. While it may be possible to seek additional damages from a driver by filing a lawsuit in court, the efforts may be fruitless if a driver does not have the financial resources necessary to pay any judgment against them.
Working with Santa Barbara Uber accident lawyers can be helpful. Insurance carriers representing the driver or Uber might extend settlement offers that do not fully reflect the extent of the victim’s losses. In these situations, attorneys can review the offer, assess its fairness, and assist with the claims process.
Differences Between Uber Accidents And Other Kinds Of Car Crashes
Liability in an Uber accident is generally similar to that of other car accidents. The main difference is determining when Uber itself may be held responsible. Uber provides additional insurance coverage for its drivers, but the company may dispute its obligation to compensate those involved in an accident.
When a person suffers injuries in an accident involving an Uber vehicle, they will typically have a claim against the driver themselves for damages. Many different kinds of people can be hurt in Uber accidents, including occupants of other vehicles, pedestrians, bicyclists, and many other parties.
Uber itself will only be liable in certain circumstances, and an Uber accident attorney in Santa Barbara can evaluate circumstances where the company might be held liable for damage. Uber may dispute claims for damages made against the company, so individuals involved in these cases sometimes seek legal assistance to navigate the claims process.
Uber’s Insurance Policy
Uber states that its own insurance policy for drivers works as follows:
- The Driver Is Offline or the Uber Driver App Is Off — The driver’s personal insurance company and coverages will apply.
- The 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. This policy provides $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage per accident.
- The Driver Is En Route to Pick up Riders or Actively 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 the actual cash value of a car with a $2,500 deductible.
What People Should Do After Uber Accidents
Taking certain practical measures after the crash can help organize information that may later be useful. Our Santa Barbara Uber accident lawyers recommend doing the following:
Call 911
Do not rely on an Uber driver to report an accident, even though they will probably notify the company that they have been involved in a wreck. You will want to call 911 to report your accident to the local police department and also have medical personnel dispatched to the accident scene.
Cooperate with authorities and tell them exactly what happened, but be sure not to admit any fault for the accident.
Seek Medical Attention
You will want to visit a hospital or other medical care provider as soon as possible after an Uber accident, even if you do not think you suffered an injury. Remember that many injuries involve delayed symptoms, and waiting days or weeks to see a doctor will only complicate your injury claim later on.
Take Photos
Try to take photographs or videos of your entire accident scene, capturing pictures from various angles and distances. Also, be sure to photograph your own injuries while they are at their worst. Look for other kinds of evidence that you believe might be helpful in your case, such as debris on the road or certain time-sensitive markings like skid marks.
Seek Contact Information
Get contact information for the Uber driver, including their driver’s license and insurance information. When there are any eyewitnesses to your accident, also ask them for contact information.
Call Your Own Insurance Company
You generally want to avoid dealing with an insurance company after an accident, but you can notify your own insurer about your accident. Your own insurance company can assist with certain kinds of property damage or medical bills while you are waiting to be compensated by the Uber driver’s insurer.
Contact Santa Barbara Uber Accident Lawyers
Even though California state law establishes that victims have two years to file injury claims after accidents, starting the process sooner allows more time to gather evidence and evaluate the circumstances of the crash.
Uber accident lawyers in Santa Barbara can help you file the necessary claim and also work to negotiate a fair settlement for your case. An attorney can deal with the Uber driver’s insurer or Uber’s own insurance company on your behalf, so you can avoid saying anything that might harm your case.
Common Causes Of Uber Accidents
According to “The Cost of Convenience: Ridesharing and Traffic Fatalities,” the quarterly average accident rate per 100,000 people in rideshare cities was stable at just over two accidents per 100,000 people before ridesharing was introduced, but spiked to about 3.5 per 100,000 after the introduction of ridesharing. Fatalities also increased by about 3 percent.
There is a wide range of possible causes of Uber accidents, but the following are three of the most common.
Driving Under The Influence (DUI)
While rideshare drivers should know that DUI is a criminal offense in California, there are still some drivers who get behind the wheel after consuming drugs or alcohol. An Uber driver who causes an accident after committing a DUI offense may face criminal charges, and Uber may face liability for these types of crashes under certain circumstances.
Distracted Driving
Drivers may look at mobile devices or GPS systems to follow routes or communicate with passengers, which can divert attention from the road. However, an attorney can subpoena a negligent driver’s phone records to prove they were using their device at the time of a crash.
Speeding
Speeding remains among the most common causes of all car accidents, including accidents involving Uber. In some cases, time pressures may lead drivers to exceed posted speed limits or drive too fast for current road conditions, increasing the risk of an accident.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
Common Kinds Of Uber Accident Injuries
People involved in Uber accidents can suffer a number of possible injuries. Some injuries will not be terribly serious, while others can be positively catastrophic.
In general, the most common kinds of injuries people tend to suffer in Uber accidents include, but are not limited to:
- 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
- Amputations
- Paralysis
- Severe burn injuries
- Wrongful death
Possible Compensation For Uber Accident Claims
Victims of Uber accidents may have claims for various kinds of compensatory damages. The phrase compensatory damages usually involves a combination of economic and non-economic damages.
Economic damages are tangible losses that can be proven and calculated, with common examples often including:
- Past, present, and future medical bills
- Lost income
- Property damage
Non-economic damages are typically more subjective and do not inherently involve financial values. These kinds of damages may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
California Civil Code § 3294 also allows people to recover punitive damages in a very limited number of cases, only when the liable party is guilty of oppression, fraud, or malice. Punitive damages may be awarded in cases of drunk or drugged driving.
It’s important to remember that insurance companies represent their own interests during the claims process. Their goal is often to manage costs, which may affect how claims are evaluated and settled.
You may wish to consult with Santa Barbara Uber accident lawyers before speaking with the other party’s insurance company. Insurance companies may offer to settle a claim early in the process, but initial offers are sometimes lower than the total value of the claim. Accepting a settlement may limit your ability to seek additional compensation later, so it can be helpful to review any offers with a legal professional before making a decision.
Contact Our Santa Barbara Uber Accident Lawyers
If you suffered serious injuries or your loved one was killed in an Uber accident in Santa Barbara, talk to our lawyers. Arash Law can work closely with you and advocate for fair compensation based on the extent of your losses.
We can assist clients anywhere in California, including Bakersfield, Glendale, Los Angeles, Long Beach, Anaheim, Santa Ana, Riverside, San Bernardino, Fresno, and San Diego. Our firm has helped clients in various kinds of personal injury cases. Call (888) 488-1391 or contact us online to schedule a complimentary initial consultation, during which we will review the details of your case with you and discuss available legal options.