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Getting into an accident is never easy, especially when a transportation network company (TNC) like Uber is involved. Uber accidents are confusing and stressful. Medical bills, lost wages, and the emotional toll of the accident can leave victims feeling overwhelmed. Victims often ask themselves what their next steps should be. How will they cover their medical expenses? Who should they call to seek compensation? Should they call Uber?
Although no one anticipates experiencing an accident while riding Uber, itโs only appropriate to be prepared for what may follow after being involved in one. Understanding the steps to take after an Uber accident in San Diego can help you pursue the compensation available to help with your physical, financial, and emotional recovery.
What Is An Uber Accident?
An Uber accident is a collision involving a vehicle used for Uber rides. This rideshare accident can impact passengers, third-party drivers, pedestrians, bicycle riders, and other road users.
Similar to other car accidents, Uber crashes can lead to catastrophic injuries, property damage, and other losses. Uber accident victims in San Diego should know their legal rights, especially since they may need to file a claim against a large corporation. Lawyers who handle Uber accident claims can assist victims with the filing process.
What Happens After A San Diego Uber Accident?
While Uber accidents in San Diego are statistically uncommon, they can be incredibly horrifying and disruptive when they happen. These accidents can leave victims with a range of problems. Medical bills can pile up quickly. Depending on the injury, long-term care or rehabilitation might be necessary.
Rehabilitation can force passengers to miss work, resulting in lost income and potential job opportunities. In some cases, passengers may need to adjust their work hours or even change careers due to permanent disabilities.
Even minor Uber accidents can cause emotional distress and mental health issues, such as anxiety, fear, and post-traumatic stress disorder (PTSD). Victims may also experience difficulty sleeping or concentrating and become hypervigilant while traveling.
Moreover, the specific laws regulating the rideshare services industry can add extra stress to those dealing with the legal aftermath of accidents. Rideshare companies like Lyft and Uber often conduct thorough investigations to validate claims. Thus, they may require certain documentation to do this. It may be challenging to gather certain pieces of evidence if victims are still recuperating.
Navigating insurance claims and potential lawsuits against Uber or the driver can be a lengthy and stressful process. After all, building a case takes time, and lawsuits can be emotionally draining. A lawyer can handle the legal legwork, allowing the victim to focus on healing. They can negotiate with insurance companies on the victimโs behalf.
Many San Diego Uber accident lawyers work on a contingency fee basis, meaning they only get paid if they win the case. This arrangement eliminates the upfront attorney costs for the victim, although they may still be responsible for certain case expenses regardless of the outcome.
What To Do In The Aftermath Of An Uber Accident In San Diego
The moments following an accident can be chaotic. However, taking precautionary measures after an Uber accident in San Diego can help you protect yourself and your rights to seek compensation for your injuries and losses. Remember that your actions can impact your claim, should you decide to pursue it later.
After an Uber crash, consider following these steps:
Seek Immediate Medical Attention
After a rideshare accident involving an Uber or Lyft, it is important to prioritize your health. First, check to see if you or anyone else is injured. If you believe you are hurt, call 911. Emergency responders will assess your condition and provide medical care as needed.
Once you leave the scene, make an appointment with your doctor, even if your injuries seem minor. Your doctor can assess your physical status and identify any underlying injuries not immediately apparent after the incident. Seeking medical assistance will also create a documented record of your injuries, which is crucial for future claims.
Cooperate With The Police
If you get into an Uber accident, whether or not it involves another car, truck, or motorcycle, staying at the scene is crucial. Your Uber driver may be charged with a hit-and-run if they flee the scene. Calling the law enforcement authorities and cooperating with them soon after the incident is beneficial for the following reasons:
- Their assistance helps everyone involved get the necessary care.
- They will create an official incident report detailing the accident, which you can use as a supporting document in your claim.
When talking to the police officers, provide accurate details about the accident. If there are witnesses, inform the officer and try to get their contact information. Refrain from speculation or assigning blame. Simply provide a factual account of what happened from your perspective.
Gather Solid Evidence
After getting into an Uber accident in San Diego, gathering evidence is crucial to justify your case for any potential legal action or insurance claim.
At the accident scene, take photos and videos of the road condition, skid marks, sustained injuries, involved vehicles, and damaged property. Confirm that your cameraโs timestamps are enabled to verify the exact time of the incident. Take note of the driversโ names, contact numbers, vehicle registration, insurance details, and license plate numbers.
You can also provide supplementary evidence, such as:
- Incident report
- Medical records
- Witness testimonies
- Recordings of the involved carsโ dashboard cameras
- Surveillance video from streets or nearby establishments
The more comprehensive your evidence is, the more credible your case may become. This documentation may also support your claim for compensation.
Report To Uber
After you are injured in an Uber accident, notify the rideshare company promptly. After your report, Uber will initiate an internal investigation.
You can report an accident to Uber by following these steps:
- Go to the โHelpโ section in the Uber app or website.
- Select โTrip and Fare Reviewโ.
- Choose the specific trip affected by the accident.
- Provide your accountโs exact time, location, and accident date.
After investigating the incident, Uber may contact you for additional information or clarification. It is better to respond promptly and provide any further details they may require.
Notify The Insurance Companies
Like Uber, your insurance company also needs direct notification about the accident that caused your injuries. When talking to a claims adjuster, provide all the important details. These include the extent of your injuries, who was involved, when, why, and how everything happened.
However, dealing with insurance companies can be a complex process. Before accepting any settlement offers, take the time to understand the extent of your losses, including medical bills, lost wages, and pain and suffering. Think about how the accident may affect you in the long run. If you need help assessing whether a settlement offer is fair, our lawyers are here to guide you.
Moreover, try not to overshare information. Stick to the facts and refrain from making statements that could be interpreted as accepting blame. Keep in mind that whatever you say may be used against you.
Seek Legal Representation
After an Uber accident in San Diego, consider consulting experienced attorneys for legal guidance. Personal injury attorneys can provide valuable assistance at every stage. They can assist you by:
- Walking you through your rights.
- Gathering evidence.
- Negotiating with insurance companies.
- Representing you in court if necessary.
Following your attorneyโs advice can help you overcome the complexities of your case. They can also assist you in seeking compensation for injuries and losses.
Common Injuries Sustained In Uber Accidents
Riding an Uber is generally a safe and convenient way to get around San Diego. Unfortunately, accidents can happen even to careful drivers. These accidents can leave victims like you with various injuries, some of which can have long-lasting effects.
Here are some common injuries that victims sustain after an Uber accident:
Whiplash
This injury occurs when your neck is suddenly jerked back and forth, straining the muscles and ligaments. Symptoms can include neck pain, stiffness, headaches, and dizziness. It is important to seek medical attention if you suffer from whiplash, especially if you suspect nerve damage. Early intervention can help prevent long-term complications.
Head & Brain Injuries
You might injure your head in an Uber crash if you hit it on a hard surface inside the vehicle. Head injuries can range from mild concussions to traumatic brain injuries. If untreated, these can lead to memory loss, impaired cognitive functions, and reduced quality of life.
Spinal Cord Injuries
The impact of an Uber accident can also result in significant trauma to your spinal cord. Spinal cord injuries can be debilitating and may require extensive medical treatment, such as surgery and physical therapy.
Fractures
A forceful collision may break your bones and limit your mobility. Fractures can significantly limit your movement and daily activities. While any bone can break in an Uber accident, the ribs, hips, hands, wrists, knees, and feet are the most commonly affected body parts.
Soft Tissue Injuries
When your Uber crashes, you may also tear your ligaments and other connective tissue. These may not be easily apparent after the incident, so seeking immediate medical attention is crucial to avoid complications.
Wrongful Deaths In Uber Accidents
Unfortunately, some Uber accidents result in wrongful deaths. If you lost a loved one, wrongful death lawyers can help you understand your legal options. Eligible family members may be able to pursue damages through wrongful death claims.
A thorough understanding of your injuries and their long-term effects can be crucial when seeking compensation from the liable parties. It may help you make informed choices about your medical treatment and legal options. Aside from that, it may also enable you to build a case that reflects the full extent of your losses.
Damages You Can Seek After An Uber Accident
Uber accidents may cause bodily injuries that result in financial losses, including pain and suffering. California law allows victims to seek compensation by filing a personal injury claim. Depending on the specifics of your case, you might be able to claim the following damages:
Economic Damages
Uber accidents can cause significant financial strain due to medical bills, car repairs, and lost wages. These out-of-pocket expenses are classified as economic damages. While you or your insurance company may initially cover these costs, you may be entitled to reimbursement from the at-fault partyโs insurance company.
Hereโs a breakdown of what economic damages can compensate for:
- Medical expenses
- Surgeries
- Therapy & rehabilitation
- Long-term medical treatment
- Doctorsโ fees
- Loss of current & future income
- Property damage
- Wrongful deaths
You must keep your receipts and invoices when seeking compensation for economic damages. Our attorneys can calculate the compensation you may seek based on the amounts shown in these documents.
Non-Economic Damages
Non-economic damages compensate for intangible and irreplaceable losses you may sustain after an Uber accident. Some examples are:
- Physical pain and suffering
- Mental distress
- Post-traumatic stress disorder (PTSD)
- Humiliation
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship
- Loss of society
Unlike economic damages, thereโs no set formula for calculating non-economic damages. Courts in San Diego usually calculate non-economic damages using a multiplicative factor that weighs the severity of the injuries. In this formula, they rate each bodily harm from 1.5 to 5 and multiply it by its economic value.
To illustrate, imagine going to Balboa Park when your Uber strikes another car head-on. Due to this incident, you were diagnosed with severe whiplash and fractures. After several negotiations and trials, the court affirmed that your injuries caused you to incur $60,000 worth of economic damages. Following a careful evaluation of your injuriesโ impact, the judge also identified your pain and suffering as 1.5. Using this method as an example, if economic damages were $60,000 and a judge assigned a 1.5 multiplier, the calculation for pain and suffering would yield $90,000.
The severity of your injuries will significantly impact the assigned multiplier and the overall compensation you can pursue. However, you also have to remember that the multiplier method is just one example, and the court still has discretion in calculating non-economic damages.
Punitive Damages
Although rare, courts may award punitive damages in claims involving gross negligence or malicious intent, such as in DUI accidents or hit-and-run cases.
Unlike economic and non-economic damages, punitive damages donโt compensate for the victimโs losses. They intend to punish wrongdoers for committing willful offenses and discourage others from engaging in the same negligent actions.
Calculating The Exact Compensation
Calculating the precise value of your Uber accident claim can be challenging. However, experienced San Diego lawyers who handle Uber accidents can calculate the potential value of your claim based on available evidence.
The available damages will depend on these factors:
- Severity of Injuries โ The type of injuries you incur and their severity will most likely affect the value of your potential compensation. Basically, the more serious your bodily harm is, the more likely you are to undergo extensive medical treatment and rehabilitation. These treatments will, in turn, lead to higher medical bills and more losses.
- Lost Wages โ The compensation you seek may also help offset lost earnings caused by your absences from work. This payment can cover your living expenses and other financial obligations while you focus on recovering from injuries.
- Extent of Property Damage โ Part of the amount you get takes into account the expenses for repairing or replacing your damaged items. These items include your phone or laptop. If youโre a third-party motorist hit by an Uber vehicle, it will also include the cost of repairing or replacing your damaged vehicle.
- Pain & Suffering โ This category includes the physical and emotional distress caused by the accident. The severity and duration of your pain and suffering following an accident directly impact the potential payout.
- Liability โ In clear-cut cases where an Uber driver is at fault, you may be able to seek compensation from their insurance policy or from Uberโs, depending on the driverโs activity on the app when the accident occurred. In shared fault scenarios, where another party contributed to the accident, the percentage of blame assigned to each party will affect available compensation.
Who Is Liable In An Uber Accident?
Identifying who may be at fault for the injuries you sustain in an Uber accident can be challenging. Similar to cases involving other commercial vehicles like delivery trucks, big rigs, 18-wheelers, semi-trucks, and tractor-trailers, multiple parties may be responsible. Here are some of them:
- Uber Drivers โ Uber drivers are usually blamed for collisions primarily because they drove the vehicles that caused the incident. They may be liable for your damages if they exhibit negligence, such as driving recklessly, violating traffic rules, or failing to yield to pedestrians or cyclists.
- Uber โ Although rideshare drivers are deemed independent contractors instead of employees, you can still file a claim against Uber, depending on the details of your case. You can hold the TNC responsible, especially when they were negligent in hiring and retaining drivers.
- Auto Manufacturers โ You may sue the manufacturer for damages if auto defects, such as defective tires or brakes, directly caused the accident. According to product liability laws, those involved in the distribution process, such as distributors and retailers, may also be responsible for the victimsโ damages under the same circumstances.
- Third-Party Drivers โ Not all Uber collisions are caused by rideshare drivers. At times, other motorists carelessly drive their vehicles, which can lead to crashes. You can seek damages from the potentially negligent party for your medical bills and other damages in this case.
- Government Offices โ Dangerous road conditions, such as dilapidated streets or missing guardrails, may cause Uber accidents. If you sustain injuries because of these conditions, you may file a claim against the government agency responsible for maintaining roads.
Knowing the parties responsible for your Uber accident is critical. By identifying who may be liable for the incident, you can file a claim against them to seek appropriate compensation.
Establishing Liability
Having a valid claim after an Uber accident hinges on establishing liability, which means demonstrating who was legally responsible for causing the accident and your resulting injuries. To help confirm liability in an Uber accident claim, you have to establish that one or more parties acted negligently.
Negligence refers to a failure to exercise the care that a reasonable person would in similar circumstances. Here are the essential elements of negligence youโll need to demonstrate:
Duty Of Care
Firstly, demonstrate that the defendant owes you a duty. They have a legal obligation to act appropriately to prevent causing harm to others. For instance, rideshare drivers must drive safely and comply with all local, state, and federal traffic laws. Similarly, Uber must conduct background checks on their drivers.
Breach Of Duty
The next step is to show that the negligent parties failed to exercise reasonable care. Your Uber driver might have been guilty of distracted driving, speeding, or running a red light. This failure to exercise reasonable care must be directly connected to the cause of the accident. Demonstrating that the driverโs actions were not what a reasonably prudent person would have done under similar circumstances is crucial in establishing a breach of duty.
Causation
You have to present proof that the negligence of the responsible parties caused the accident and your injuries. This means showing a direct link between their actions and the harm you suffered. For example, if the Uber driver ran a red light, you have to demonstrate that this action directly led to the collision. It is essential to establish that your injuries were a foreseeable result of the negligent behavior.
Damage
Finally, provide evidence of the damages you suffered from the accident. These include economic and non-economic losses, such as medical expenses, property damage, lost income, and emotional distress.
Several criteria must be considered to determine liability in an Uber accident. These include the driverโs behavior, the state of the road, and any third parties that may have been involved. Witness interviews, police records, and surveillance footage can also help demonstrate liability. Experienced San Diego lawyers handling car accident claims can provide you with helpful guidance on how to handle your case.
Comparative Negligence
To establish fault, one must demonstrate that the other party was negligent and contributed to the accident. Sometimes, however, multiple parties are potentially at fault. San Diego and the rest of California follow the pure comparative negligence rule, which means each responsible party must answer for the victimsโ damages based on their share of negligence.
This legal doctrine also allows victims to pursue damages even if they are 99% accountable for the accident. However, the percentage of fault they bear reduces the amount they can pursue. For example, if the court finds you 38% at fault for an Uber accident, you may only file a claim for 62% of your total damages. So, if your damages were originally worth $150,000, you may only be able to seek up to $102,000, although this may vary depending on the circumstances of your case.
Uber Driversโ Employment Status
Uber considers its drivers independent contractors rather than employees. The rideshare service works by matching riders with suitable drivers. With this arrangement, Uber avoids the significant costs of running its fleets. Itโs also not responsible for typical employee expenses such as payroll taxes, health insurance, vehicle maintenance, fuel, and Social Security contributions.
The lack of an employer-employee relationship between Uber and its drivers makes it challenging to sue the rideshare company when an accident happens. You will likely have difficulty filing a claim for damages if youโre involved in an Uber crash. Although rideshare drivers can be personally responsible, Uber may only face liability under specific circumstances.
Uberโs Liability Insurance
Like Lyft accidents in San Diego, insurance is crucial in resolving Uber accident claims. As an injured passenger, your auto insurance policy might not always offer comprehensive coverage for your damages. Pursuing a claim against the at-fault Uber driverโs insurance is the primary course of action in such cases.
However, not all drivers have adequate coverage. Some may be underinsured or uninsured motorists (UM/UIM). This doesnโt mean youโre left without options. The rideshare company may provide liability insurance depending on the specific period during which the accident occurred.
Period 0
The Uber driver is logged out of the app.
If youโre involved in an accident with an Uber driver who isnโt logged into the app, the situation is treated like a regular traffic accident. Therefore, the accountable driverโs insurance will cover the victimsโ damages instead of Uberโs.
Period 1
If an accident occurs when the rideshare driver is active on the app but has not accepted trips yet, their auto insurance will pay for the damages sustained by the victims. Uber’s primary insurance coverage may apply in certain UM or UIM situations, subject to policy terms and conditions.
During this time, the rideshare company may provide coverage for up to the following amounts:
- $50,000 for bodily injury per person.
- $100,000 for bodily injury per accident.
- $30,000 for property damage per accident.
Period 2
The Uber driver is en route to pick up a passenger.
Accidents may also happen when a rideshare driver drives toward a booked passengerโs pickup location. Uber extends a million-dollar liability insurance policy during this period, though coverage is subject to policy conditions and exclusions.
Period 3
The Uber driver takes the passenger to the drop-off point.
In this period, Uberโs third-party liability insurance of $1 million may cover victimsโ damages, similar to the coverage available in period 2.
While Uber maintains insurance policies for drivers and riders, navigating the specific coverage available for your damages can be confusing. The most important factors to consider are the driverโs status and the active insurance policies at the time of the accident.
Statute Of Limitations
Most personal injury cases in San Diego and throughout California follow a statute of limitations set by the court. This rule establishes the deadlines by which plaintiffs are allowed to initiate legal action against liable parties.
If you sustain injuries in an Uber crash, you generally have two years from the accident date to pursue a lawsuit. However, exceptions may be applicable in certain cases, such as the late discovery of injuries or when the defendant is a minor, out of state, in jail, or mentally incapacitated. Failing to comply with time limits could result in losing your legal capacity to seek compensation.
Frequently Asked Questions (FAQs) About Uber Accidents
What Commonly Causes Uber Accidents In San Diego?
Local drivers in San Diego face increased road risk due to the number of road accidents involving Uber. Here are some common factors contributing to these incidents:
- Speeding โ Rideshare drivers are often tempted to drive fast to transport more passengers. Their earnings are directly proportional to the number of successful trips. Unfortunately, speeding limits a driverโs reaction time and increases the stopping distance.
- Fatigued Driving โ Uber drivers are prone to exhaustion, especially when they extend their driving hours to complete more trips and earn additional income. However, fatigued driving increases the likelihood of accidents by reducing the driverโs focus and delaying their recognition of road hazards.
- Distracted Driving โ Drivers working for Uber usually fiddle with their devices to track ride requests and communicate with potential passengers. These distractions mean they canโt react and respond immediately to emergencies on the road.
- Experienced Driving โ All drivers, including Uber drivers, must be familiar with the vehicles they operate and the routes they travel. They must have enough experience to effectively use available safe-driving technologies and navigate potentially risky road conditions.
- Ignoring Traffic Laws โ While rushing through traffic, some Uber drivers disobey traffic laws by running a red light instead of stopping. As such, they pose significant risks to other motorists.
Knowing what caused the Uber accident is crucial, as it makes up part of the legal foundation for pursuing a claim.
Will Uber Deactivate My Account After An Accident?
No similar case has been identified so far. Users who have taken legal action against Uber can continue to use their accounts and book additional rides without restriction. However, if youโre a rideshare driver, Uber might temporarily deactivate your account while its investigation is still pending. If the rideshare company finds you innocent, your account will be reinstated, and you can continue accepting passengers.
Uber typically has strict procedures for its driversโ app activity to maintain safety standards and service quality. The rideshare company may deactivate accounts under the following circumstances to prioritize passenger safety and minimize potential liabilities:
- Rideshare drivers are involved in three accidents within three years, regardless of fault.
- If drivers have a history of accidents, Uber may consider them an unacceptable danger to riders and the company.
- Active drivers have low or below 4.6 ratings, expired driving documents, negative background check results, multiple ride cancellations, violations of Uberโs terms of service, fraudulent activities, passenger assault, and failure to notify Uber of an accident.
Reactivating your Uber account after deactivation can be challenging, especially if incidents such as assault or violations of the companyโs terms of service are inaccurately reported. In such cases, drivers may need to provide evidence to support their innocence and regain access to their accounts.
Should Uber Be Held Liable For The Actions Of Its Driver?
Whether Uber can be held liable for accidents involving its rideshare drivers is continuously debated. The discussion revolves around the rideshare companyโs guidelines, which establish the drivers as independent contractors instead of employees.
This situation makes it difficult to hold Uber accountable for incidents caused by its drivers. Victims may first need to initiate legal action against the drivers to seek damages. Uber will only provide compensation from its third-party liability insurance coverage during specific periods, such as when rideshare drivers are active on the app, waiting for ride requests, on their way to pick up passengers, or transporting riders.
How Long Are Uber Accident Cases Settled In San Diego?
No lawyer can predict when your case for any type of accident may be resolved, including an Uber crash. Reaching a settlement, if possible, may take several months or even years, depending on the circumstances of the incident.
These factors impact the timelines for claims:
- The severity of injuries.
- The extent of losses.
- Intricacies of applicable laws.
- Number of parties involved.
- The willingness of insurance companies to compromise.
Some cases involving minor injuries and property damage may result in a swift resolution. However, severe bodily harm and substantial property damage may complicate the situation. It may even require a trial that lasts for years if a reasonable compensation isnโt reached.
How Much Settlement Will I Get From My Uber Accident Case?
The compensation that victims of Uber accidents may obtain can vary significantly from one case to another. Similar to other motor vehicle accidents, the value of your Uber accident claim cannot be determined without a careful evaluation. Many elements can impact how much you may pursue from negligent parties. These include the kind of injuries you sustained, the necessary medical care, the degree of your losses, and the severity of your pain and suffering.
The more severe your injuries, the more medical treatment youโll need. You may incur higher medical bills when undergoing expensive medical procedures or treatments. This could result in more losses, which you can include in your claim.
Do I Need A Lawyer For My Uber Accident Claim?
Following an Uber crash in San Diego, you may wonder, โDo I need a personal injury lawyer?โ While youโre free to pursue your claim alone, it may be wise to hire personal injury attorneys to assist you.
For someone not used to dealing with complex legalities, navigating court procedures can be tough, especially when youโre already dealing with your injuries. Skilled Uber accident attorneys in San Diego can guide you throughout the insurance claims process.
At Arash Law, our San Diego Uber accident lawyers aim to help you seek compensation for your injuries and losses.
How Can A San Diego Uber Accident Attorney Help?
Although you can handle your claim alone, relying on Uber accident lawyers can make a difference. Backed by years of experience in different practice areas of personal injury, our attorneys stay current with California laws governing rideshare service providers. We can help you with the following:
- Accident Investigation โ Your legal team will thoroughly evaluate the specifics of the accident and gather compelling evidence to identify the at-fault parties and establish their liability. They will also use their vast network of resources and work with specialists, such as medical practitioners and accident reconstructionists, to support your case.
- Negotiate With Insurance Companies โ Insurance companies may find reasons to dispute claims in certain cases. Your lawyers can manage the details of your case to handle disputes. They can collaborate with professionals to calculate the estimated value of your damages. This amount will then be used in negotiations to support a fair assessment of all your losses.
- Represent You in Court โ Not all table discussions work. If parties canโt reach an agreement, your case may escalate to trial. Our Uber accident lawyers in San Diego can advocate for your rights in court if necessary.
Did Your Uber Get Into An Accident? Call Our San Diego Injury Lawyers For Help!
Accidents can happen unexpectedly, even when using a rideshare service like Uber. In a challenging time like this, being aware of the possible consequences and knowing what to do is essential to upholding your rights.
Our legal team can help you pursue compensation for your injuries and losses. Call our car accident lawyers at (888) 488-1391 to discuss your case. We can help you seek compensation for medical bills paid, lost wages, and more. You donโt have to pay lawyer fees up front because we work on a contingency fee basis. This means we donโt get paid unless we obtain compensation on your behalf. Although certain case costs may still apply regardless of the outcome, our fee structure gives you access to legal representation without paying upfront fees.
We also provide our services in the following neighboring areas: Coronado, Chula Vista, La Mesa, Spring Valley, El Cajon, Santa Ana, Riverside, Anaheim, Escondido, Coronado, National City, Lemon Grove, Santee, and Long Beach.
