San Diego Uber Accident Lawyer
You take the Uber on your way home from work when another car suddenly comes swerving towards you. Next thing you know, you are at the hospital, injured in an Uber Accident. After you are discharged from the hospital, you need to investigate what happened and claim compensation for all your medical expenses, pain, and suffering from the defendant.
Ridesharing apps like Uber provide transportation networks in online platforms where people can connect to local drivers. There are no employment or ownership strings attached between the company and the drivers. Instead, they are independent contractors for Uber, working at their will and at their convenient time to earn some money. Uber accidents can be more complicated as they deal with policies related to ridesharing companies who have progressive insurance.
Shamon law has expertise in handling Uber accident-related personal injury cases with its years of experience and access to a wide spectrum of resources. Contact our San Diego office for a free consultation regarding your accident and a detailed run down through the important policies connected to your case.
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Why Choose Shamon Law As Your Personal Injury & Accident Lawyers?
An injury can leave you with mounting medical expenses, lost income, and an inability to participate in your life fully. No accident victim should be left to fend for themselves.
Shamon law understands how important these cases are for our clients. Our experience includes going up against the big insurance companies and winning. We use our expertise to develop powerful cases, negotiate the best possible settlements, and win cases at trial.
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Do I Need a Lawyer for a Uber Accident Claim in San Diego?
We encourage you to keep in touch with a Uber accident lawyer, whether it is only for consultation or the entire handling of the case. You need background knowledge of your legal rights and insurance policies related to ridesharing companies. There can be more policies and criteria for compensation for different types of accidents under the umbrella term of Uber accidents.
With an attorney, the determination of fault sharing via comparative negligence can be done, and a fair amount of compensation is determined.
Uber Accident attorneys will help you understand policies, educate you on your legal rights, and help you find a stand in the accident. They will reach out to all the possible witnesses to gather concrete evidence and determine faults. Your attorney has more experience in doing the paperwork and negotiating with insurance companies. There are fewer chances of making mistakes in paperwork.
If the accident was entirely your Uber driver’s fault, they will do the talking and negotiating with the Uber driver’s insurance company. In case of wrongful accidents, injury attorneys have strategies for investigating the case and holding the perpetrator accountable.
Causes of Uber Accidents in San Diego
According to California Vehicle Code 7449(g), ridesharing companies are responsible for the safety of both the driver and the rider. Uber should conduct background checks that include any past criminal records of drivers or previous convictions for traffic offenses like driving under the influence. Uber also has a rule for its drivers to take a six-hour break after every 12-hour drive.
There can be many causes of Uber car accidents. Distracted driving is the most common cause as Uber drivers often check their phones to text, call passengers, navigate directions, and track their rides.
We have listed some of the most common ones below:
- Texting and driving/distracted driving
- Driving for long periods without a break/fatigue or tiredness
- Drinking and driving or driving under the influence
- Head-on or rear-end collisions
- Speeding to cater more rides in a short period
- Wrongly overtaking on a busy road.
Common Injuries Suffered in San Diego Uber Accidents
If you were taking an Uber ride and got into an accident, chances are you were in the passenger seat in the back. The sudden impact from the back or sides can cause a forceful impact on you, resulting in various types of injuries.
Some of the most common injuries sustained by Uber Accidents are:
- Brain injuries (brain damage, concussion, internal bleeding, hemorrhage)
- Muscle injury, or bone fractures.
- Whiplash injuries
- Injury to the Spinal cord
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What Should I do Immediately Following a Uber Accident?
Seek medical help
If your Uber ride meets an accident, you need to seek medical help, no matter the severity of your injuries.
Report the accident
If you are physically able to, you must immediately call the police or California Highway Patrol (CHP). Any witnesses of the accident or the other party are also responsible for reporting what they saw within 24 hours of the accident. If you were taken to the hospital, call the police after you have been treated or discharged. The police or the CHP will make a police report of the accident. The report is an important piece of evidence that the accident happened and you were injured in it.
Report the accident to Uber
As a passenger of the Uber driver, chances are, you are the victim here and share no fault in the automobile accident. You need to report the accident to Uber. Uber provides a certain amount of insurance to drivers in case of accidents and injuries sustained by the riders. As a commercial ridesharing company, the insurance is covered by Progressive Insurance in California. A Uber driver must report the accident to Uber per the policy. But you, as an injured rider, must also do it to ensure that it is being reported and addressed.
Gather evidence, investigate faults, and demand a claim
After the accident has been officially reported, you are left to investigate what happened, how it happened, and who you should ask for compensation for your injury. At this point, the best thing to do is reach out to a San Diego car accident attorney and present your case to them. They will thoroughly listen to your statement and advise you on how to proceed with the procedures of claiming compensation.
If the sharing of faults is complicated and the injuries are severe, they will suggest hiring an attorney. If the case is mild and doable on your own, they will educate you on your rights and navigate you toward determining fair compensation for yourself. Consulting with a personal injury attorney is free in San Diego and can do wonders for a successful claim.
Then comes the time to gather all the evidence, from witness contact details, and CCTV footage, to the police reports and medical reports. These pieces of evidence play an important role in determining the defendant/s of the accident.
Often, the insurance company does its own investigation and proposes a certain amount for your injuries. But it is never a good idea to agree to that. Investigate the case independently and have an attorney review it, or hire a lawyer to investigate and negotiate for you. They will assess all the reports, do the paperwork, and come out with the fair compensation you deserve. Take it to the insurance company, show them all the evidence and how much you will receive per the policies, and demand fair compensation. Only accept and make settlements if the amount is closer or equal to what the policy says.
Compensation for San Diego Uber Accidents
In San Diego Uber Accidents, there are three types of compensation; economic, non-economic, and punitive damages.
Economic damages cover direct expenses due to the accident and your injuries. Initially, you may have to cover them out of pocket or with your personal insurance. Medical expenses have ‘lien’ policies that can help you with the medical bills. But all these expenses need to be replaced by the insurance amount you deserve from the defendant’s insurance company. Economic damages include.
- Medical expenses
- Medical liens
- Medication charges
- Therapy and rehabilitation
- Long-term medical treatment
- Lost wages.
Non-economic damages are compensation for unmeasurable and irreplaceable losses, like the pain and suffering caused to you by the accident and the injuries. They cannot be accurately measured but deserve compensation. In San Diego, compensation for non-economic damages is determined based on the injury. The amount of economic damage compensation is multiplied by 1.5 to 5 times; the multiplication number depends on the severity of the injury.
For example, the economic damage compensation is $50,000 in an accident where the Uber rider has sustained muscle injuries. The non-economic damages are the number of economic damage times the pain and suffering caused by the injury in the range of 1.5 to 5. Let’s consider that the pain and suffering caused by a muscle injury can be justified by 1.5 multiplication number. In this case, the non-economic damage amounts to $50,000 times 1.5, which is $75,000. The total compensation recieved by the victime is $50,000 plus $75,000. If there is more pain, the multiplication number increases.
The third type of compensation is punitive damages. A judge or the jury gives this if the case is taken to court. Suppose your Uber driver chose to be negligent or intentionally drove in a manner that disregarded your safety and put you at risk. In that case, they are charged with punitive damages by the court as punishment.
How Long do I have to File a Lawsuit after a Uber Accident in California?
According to the statute of limitations in California, you have a 2-year deadline to file a personal injury lawsuit after an Uber Accident. It is valid for all kinds of personal injury accidents. If the injury of the accident was discovered later, by the law, you need to file for a personal injury lawsuit within one year of discovery.
Contact a Top-Rated San Diego Uber Accident Attorney Today
More often than not, Uber accidents are more challenging to undergo for a personal injury claim as there are at least three parties involved; the rider, the Uber driver, and another vehicle driver. Comparative negligence in determining the sharing of faults and compensation can be more difficult. There is a high chance you will fall into traps and attain unfair compensation from the defendant’s insurance company.
Talking to a San Diego Uber accident lawyer will help you determine where you stand in fault and compensation and help you do the paperwork correctly, collect evidence and showcase them to match your claim. We at Shamon law are dedicated to standing up for people injured in accidents and mistreated by insurance companies. Some of our injury attorneys specialize in handling Uber accident cases, with tons of experience and adequate resources, hold an insurance company accountable and help you win fair compensation.
If you have been injured in an Uber accident, working with a professional attorney will help you learn about ridesharing apps’ policies and investigate the accident. Insurance companies have fewer chances to take advantage of your situation when you have an injury lawyer to review the steps taken in determining the claim.
It can be overwhelming to deal with the consequences of another person’s fault while you are under their responsibility. That is when San Diego Uber Accident Lawyers come in to navigate you through the legal processes. Contact Shamon law for a free consultation regarding your Uber accident and take the first step to receive fair compensation for your accidental injuries, pain, and suffering.
San Diego Uber Accident Lawyer
San Diego Uber Accident Lawyer FAQs
If a Uber-related accident was partly your fault, the sharing of fault and compensation is properly determined by the comparative negligence policy in the state of California.
To put it into perspective, let’s say there was an accident where Car A head-on collided with Car B driving as an Uber driver and carrying a rider. Car A was speeding when the Uber driver in Car B tried to overtake another vehicle in the opposite lane when they collided head-first. As per the comparative negligence, the faults are divided into percentages. All three, driver A, the Uber driver, and the rider, were injured. The compensation is calculated per the severity of the injury and damage along with the non-economic damage.
Let’s say driver A was 40% at fault for speeding, and the Uber Driver was 60% at fault for overtaking and stepping into the wrong lane. In such a case, driver A receives 60% of the compensation as their share of the fault is deducted from the total compensation. Uber driver B may receive 40% of the compensation after deducting their share of the fault. While the injured rider receives compensation of 40% from driver A and 60% from driver B, as both were at fault for your injury.
If the Uber driver is at fault, you need to contact Uber to report the accident along with the police and the CHP. A certain part of the compensation is covered by Uber’s insurance, and the rest by the Uber driver’s insurance company.
Yes, a passenger can sue an Uber driver for an accident if the Uber driver is at fault and their insurance (or Uber’s insurance) is not proposing fair compensation. In case of an intentional tort or disregard for the passenger’s safety during an Uber ride, you can directly file a lawsuit against the Uber driver.
Before hiring a lawyer for any Uber accident, consult with an Uber accident lawyer to understand whether the case needs a professional to handle it or can be done independently. Your lawyer will advise you on what suits the case best and what is ideal to attain fair compensation.
The statute of limitation on Uber accidents in California is 2 years. You can file a lawsuit against the defendant’s insurance company within 2 years of the date of the accident. If the injury was discovered later, the deadline to file a lawsuit is 1 year from the date of discovery.
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