As Uber, Lyft, and other rideshare services quickly become one of the most popular forms of transportation, car accidents have been on the rise. Thousands of victims are injured every year in accidents involving rideshare vehicles. All car accident victims need legal advice, but rideshare accidents can be incredibly complicated. Our experienced West Hollywood Uber accident lawyers are here to answer all your questions about these unique cases.
These services have created new legal issues that can complicate an injury claim. Learn more about common Uber accidents, what insurance coverage is available to pay for your injuries, the common injuries that happen in Uber accidents, WeHo‘s designated pick-up/drop-off rideshare zones called The Drop, and answers to frequent questions our injury lawyers get about Uber accidents.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– ARASH KHORSANDI
Despite West Hollywood being a trendy area known for its high-energy nightlife and being one of the most popular rideshare consumers, you might be surprised to learn just how common Uber accidents are. According to the MIT Technology Review, Uber and Lyft are responsible for a significant increase in the number of overall U.S. traffic deaths.
A recent study found that traffic fatalities have increased by 2 to 3 percent every year since 2011 (when these apps started generating a significant number of users). MIT reviewers report that these deaths are directly attributable to the increased number of Ubers on the road and rides completed.
That’s right: there are so many rideshare deaths that they have increased the national average. These are not just numbers. They represent thousands of families who have lost a loved one far too early in a preventable accident. Surviving family members can hold rideshare companies accountable for their devastating losses by filing a wrongful death claim.
Not all injuries are fatal, of course. Every year thousands more victims are injured in accidents involving rideshare vehicles. These victims have legal rights. They are entitled to compensation for their injuries and losses. It is important to hold negligent drivers, rideshare companies, and other responsible parties accountable for the damage they cause. Doing so promotes accountability and deters other drivers from being unsafe in the future. When ridesharing companies are held accountable, it helps keep the roads of California safer for everyone.
The person or company who is legally at fault for your accident also has an obligation to compensate you for your injuries. It is important to hire an experienced Uber injury lawyer who knows how to deal with liability issues. Uber and Lyft have taken steps to carefully distance their companies for liability for a driver’s negligence. (This is one reason why ridesharing companies classify drivers as independent contractors – not employees.)
These companies are also not liable for accidents caused by another driver. Despite this, Uber and Lyft carry insurance policies with high coverage limits to supplement other insurance policies and protect the companies from financial responsibility for accidents that injure their passengers. So how does this work? Uber has a supplemental insurance policy.
This fact means that injury victims must first file a claim under a primary insurance policy. A primary insurance policy could be the driver’s personal auto insurance policy or the insurance policy of another driver who was at fault for the accident. Often these policies do not have enough coverage to pay for all of your losses. (State minimum limits in California are only $15,000 per person and $30,000 per accident.
Though it may sound like a lot, accident expenses can add up quickly – especially if there were multiple victims or overnight hospital stays.) In this case, you may be able to file a claim under Uber’s insurance policy for supplemental coverage to pay for the remaining amount. This supplemental coverage can also pay for injuries caused by an unknown hit-and-run driver or a driver with no insurance at all.
These supplemental policies can pay up to $1 million in injury compensation when a driver has a passenger or is en route to pick up a passenger. Our experienced rideshare injury attorneys work hard to identify all insurance policies that could cover your injuries. Doing so ensures that you have access to the compensation to which you are legally entitled.
You should feel comfortable hopping into an Uber after a night out with friends on the Sunset Strip. Unfortunately, that’s not always the case. Often, Uber drivers rush to meet demands, resulting in automobile accidents. There are many ways to be injured by an Uber. Almost any part of your body can suffer injuries in a car accident, and you want an accident lawyer experienced in rideshare wrecks who understands your unique injuries.
Our experienced West Hollywood Uber accident attorneys at Arash Law led by Arash Khorsandi, Esq. understand accident injuries. We know how to explain these injuries to an insurance company or jury, so they understand the true extent of your losses.
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These details support your claim and help us get you the full amount of compensation for your injuries. Here are some of the most common injuries our accident lawyers see in Uber cases:
Brain damage is sadly common in car accident claims. Even a mild brain injury, such as a concussion, causes damage to your brain. More serious injuries can leave you with lasting physical symptoms (such as headaches) or cognitive deficits (such as difficulty paying attention). The most serious brain injuries can leave a victim unable to work, live alone, or even feed and bathe themself.
It takes a significant amount of money to compensate these injury victims for the dramatic losses they have suffered through no fault of their own. Whether your brain injury is mild or serious, temporary or permanent, you are entitled to fair compensation for all the ways it has affected your life.
Spinal cord injuries can also be incredibly serious. The most serious cases can result in partial or total paralysis. In addition to being unable to work or engage in any physical activity, the victim might be left unable to even use the bathroom independently. These indignities result in huge settlements for a wide range of losses.
But not all spinal cord injuries are this dramatic. Some spinal cord injuries can heal with surgical intervention or months of painful physical therapy. These treatments are both costly and painful. Victims often deal with lingering symptoms, such as numbness or tingling in their extremities.
Spinal cord injuries can also place victims at greater risk for future injuries or other medical complications. Your doctor may advise you to give up sports or other high-risk hobbies. These are very real losses, and they can drastically decrease your quality of life. Injury victims are entitled to compensation for these intangible losses and their financial losses.
Car accidents can injure many delicate structures within the body. Often, these involve “crush” injuries, in which the force of a collision crushes a vital organ. Crush injuries can also break vital blood vessels and cause internal bleeding. Crushed organs and internal bleeding can quickly become life-threatening conditions.
Unfortunately, these injuries do not always show symptoms right away. It can take hours for symptoms of a malfunctioning liver or pancreas to become obvious. A slow internal bleed can also take hours to cause enough blood loss to make the patient symptomatic. These injuries can initially be asymptomatic, so it is vital that all injury victims get checked out by a doctor after an accident.
Even if you feel “okay” after an accident, you could have internal injuries that could become life-threatening if you do not seek treatment. The sooner a physician diagnoses these injuries, the better your prognosis will be.
Whiplash is a common neck injury that often occurs in car accidents. If the neck is forced forward in a collision, it will naturally be jerked back after the initial impact, which causes a forceful motion like the crack of a whip. Whiplash can leave the victim in pain for days after an accident.
In many cases, the victim must simply bear the pain and let the neck heal itself in the days after an accident. Insurance companies are known to be dismissive of whiplash. Because there are no broken bones on an x-ray, overnight hospital stays, or other dramatic evidence, adjusters will often make a lowball settlement offer on whiplash cases. Our skilled car crash litigators at Arash Law headed by Arash Khorsandi, Esq. know how to prove the full extent of your losses – and just how painful whiplash can be.
The experience of whiplash is similar to many other soft tissue injuries. Injuries to the muscles, tendons, ligaments, and other non-bony body tissues are difficult to see. These are commonly sprains and strains that do not show up on an x-ray, but they can be incredibly painful and seriously disrupt your life after an Uber accident.
As with whiplash, claims adjusters do not always take these injuries as seriously as they should. Our Uber accident lawyers know how to prove the value of your physical pain, emotional suffering, lost sleep, work time, interrupted activities, and the general decrease in your quality of life after you suffer a soft tissue injury.
Scars and disfigurement present some unique challenges in claims negotiations. Because they often result in relatively low medical bills, insurance companies tend to value the pain and suffering associated with these injuries low as well. But scars and disfigurement can cause drastic changes in your life. Imagine that a concert pianist loses a finger in a car accident.
While many people could continue their work with only nine fingers, her career is over, and she suffers emotional and financial losses for the rest of her life. Though these injuries often have relatively low medical bills (sometimes as little as just a few stitches), they do cause significant pain and suffering. They also make dramatic evidence for a jury at trial.
When juries see a severed limb, or a disfigured face, or other visible losses, they understand the true nature of the victim’s pain and suffering. Our lawyers use this knowledge to negotiate fair settlement offers from claims adjusters. Insurance companies know that these dramatic injuries can cause them to lose at trial, so they are often willing to make a fair settlement offer and allow you to avoid court altogether.
Though it is not pleasant to think about, the grim reality is that assaults do happen in Ubers. Physical violence, sexual assault, and other types of crimes can lead to injuries. It is possible to hold Uber liable for the injuries you suffer from a preventable assault. For example: suppose that Uber allows a driver with multiple felony assault convictions to use its app.
This negligence places passengers at an increased risk of violence, so if the driver does indeed commit another assault, Uber could be held liable for its negligent screening processes. Sadly, this has become a particular issue with sexual assault and violence, which does occur to some Uber passengers. No victim should have to bear the financial costs of injuries sustained in an assault.
Our lawyers work with victims to secure compensation from the civil court. If you have questions about your legal rights in the criminal court as a victim, we can help you find the right lawyer for that, too. An assault in an Uber is not your fault. It is important to hold the company accountable for crimes that are facilitated through the use of its app.
Car accident victims have a lot of questions about the claims process – especially if they have never been through the process before. Injury claims for Uber accidents can be especially confusing. While there is a lot of settled case law about the legal issues involved in car accidents, these rules do not cover every new legal issue that comes up in rideshare accident cases.
Courts across the country continue to deal with new legal issues involving Uber accidents. There are, however, many rules that still apply to Uber cases in the same way they apply to any other car accident. Our lawyers are here to answer all your questions and ensure you understand the claims process. Here are some answers to the legal questions that have been settled:
All drivers owe a legal duty of care to all other road users. This means they must use reasonable caution to avoid hitting bicyclists, pedestrians, motorcycle riders, e-scooter users, and everyone else who is on and near the roadway. Drivers who violate this duty of care are negligent. The injured road user is entitled to compensation for their injuries, and the driver’s auto insurance company is contractually obligated to pay for these losses under the driver’s written insurance agreement.
California is a comparative negligence state. This means that liability can be split between two or more people, and each party is responsible for their portion of the damages that resulted from their own negligence. A pedestrian or cyclist could be found partly at fault for causing an accident with an Uber if they were negligent.
However: the Uber driver is still liable for their own portion of damages. For example: imagine that a bicyclist was 20 percent at fault for a collision with an Uber driver who was 80 percent at fault. The bicyclist is still entitled to recover 80 percent of their damages from the Uber driver because the Uber driver is liable for their portion of negligence.
Comparative negligence can reduce the amount of compensation that a bicyclist or pedestrian is entitled to. This is why insurance companies like to claim that an injury victim was partly at fault for their own injuries. If this happens to you, be sure to consult with your own injury attorney to determine what you are fairly owed for your injuries.
In addition to a road user at the scene of the accident, there are many other potential defendants in an Uber accident case. Suppose an accident was caused by the Uber driver’s defective brakes. The auto manufacturer would be liable for this defect, and the injury victims would have products liability claims against that company. An accident could be caused by poor road conditions (such as potholes) or negligent road work.
A mechanic might have negligently serviced the Uber vehicle before your driver came to work. There are many potential defendants, and it is important to work with an experienced Uber injury lawyer who can find all of them. Otherwise, you could miss out on the compensation to which you are entitled.
Your first priority in any Uber is always your immediate safety. If you suspect your driver is drunk, you should get out of the car as soon as possible and call 911. It is critical that you get the drunk driver off the road before they hurt someone else. Provide officers with any information you have about the driver, the license plate number, and any other helpful details.
Be sure that you are not in any immediate danger before you worry about reporting the incident to Uber. Uber has a Zero Tolerance Policy for drunk driving. If any person reasonably suspects that a driver was drunk, the driver’s access to the app is restricted until Uber conducts its own investigation of the incident.
Sufficient evidence in the investigation will lead to a permanent ban. (This is another reason why it is important to call 911 and get a police report of the incident.) If you have been injured in an accident caused by an Uber driver you suspect to be drunk, hire an injury attorney as soon as possible in order to protect your legal rights.
It is best not to talk to Uber (or any of its representatives) until you have consulted with your own injury lawyers. When you are injured in or by an Uber, you have a legal claim against the company. This means that they are not on your side. If you talk to the company, their lawyers, or their insurance company about the accident, your words could be used against you.
All of these people are on Uber’s side. This is why it is very important to hire your own injury lawyer as soon as possible. You can’t possibly be expected to defend your legal rights against the force of a big company and its army of lawyers. You need an experienced injury lawyer who is on your side and will fight to enforce your legal rights against Uber.
Uber is a business. They want customers to continue using the app and feel that it is safe to do so. While a driver may be banned for causing an accident, a passenger is not banned from the app if they make a legitimate accident report or injury claim. This policy is not likely to change: remember, passengers are customers, and Uber does not want unhappy customers.
Uber also wants to keep bad drivers off its app in order to prevent future passenger injuries. Let your injury lawyer know if you are having any trouble using your app or accessing rideshare services after you have reported an accident.
You could spend hours online searching for a “West Hollywood car accident lawyer near me“, but you have already found the best injury law firm in California. Our experienced legal team has collected over 400 million dollars for clients across the Golden State. We work in all of West Hollywood and the entire West L.A. area including Century City, Beverly Hills, Culver City, Brentwood, Bel-Air, Westwood and Hollywood.
Our legal team also serves clients in Los Angeles, Sacramento, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sherman Oaks, and throughout California. We will never collect legal fees unless we win your case. Call (888) 488-1391 today to schedule your free consultation. Don’t wait to get a West Hollywood Uber accident lawyer fighting on your side.