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Rideshare companies such as Uber have changed how we experience commuting and how we travel all over the world. Uber has made life easier for the people of Riverside and has given them the ability to take off whenever they want without worrying about finding available public transportation or owning their own cars.
Yet, with these new transportation options come new regulations and policies, as well as legal concerns and questions. This is especially true when it comes to the safety of Uber passengers. Victims involved in Uber accidents are often left with debilitating injuries and significant medical expenses, and many have no idea where to turn for legal help. Read on to get more rideshare legal help from our Riverside uber accident lawyers at Gomez Trial Attorneys.
Yes, accidents can happen in Riverside, no matter what type of transportation we use. However, understanding liability and insurance coverage when it comes to Uber can confuse and challenge most people. That is why if you were in a Riverside Uber accident, the Riverside personal injury lawyers at Gomez Trial Attorneys are here to help you.
The legal team at Gomez Trial Attorneys is ready to help our Riverside community. Our experienced attorneys are here to fight for our clients’ rights, hold wrongdoers responsible for their conduct, and make Riverside a safer place.
Over the past fifteen years, our knowledgeable attorneys have collected over $550 million in settlements and verdicts with more than 125 awards that were more than $1 million each on behalf of our clients. Our legal team has the resources, experience, and track record to take on major cases and provide our clients with the services they need.
With the extensive legal work that we do, our practice areas include:
Uber vehicles have become a lifesaver for many people, helping them expand their transportation options and allowing them to travel whenever they want. However, with all the positives that Uber has brought for many, it is not without its problems.
According to a study by the University of Chicago, traffic deaths have seen an increase of about 3 percent in places that have introduced Uber. And Riverside is no exception. Sadly, this means more deaths and injuries, and more people needing help as a result of rideshare accidents. The simple fact is that rideshare drivers are more likely to get in an accident than other motorists. They tend to drive for many hours in a row, often at night, which results in them operating their vehicle exhausted or when it is unsafe for them to do so.
These situations can lead to the following types of accidents:
In any motor vehicle accident, to demonstrate that the other party is at fault, the victim needs to prove their liability and provide evidence of the damages they have suffered. What makes Uber accidents so much more complicated is that the rideshare company is subject to different levels of accountability, depending on what the driver was doing at the time of the accident. Why does this matter? If you have suffered injuries due to an Uber driver’s negligence, you can generally bring a lawsuit against the company. However, you would need to first investigate which insurance coverage applies.
This requires finding answers to the following questions:
Once you understand what the driver was doing at the time of the accident, you can then figure out whether the company’s insurance policy applies to the specific situation. It is immensely beneficial to work with an experienced Uber accident attorney during this process. Experienced attorneys are better equipped to parse the details of a Uber accident and can help you determine if it is plausible to go after the company’s insurance.
The following explains how the different liability coverage periods work for Uber.
When the driver is not logged in to their account when an accident occurs, insurance coverage is provided by the driver’s personal insurance policy.
When a driver is logged in or waiting for a passenger and an accident occurs, Uber offers third-party liability coverage, which includes the following:
When a driver is on their way to pick up a passenger or has the passenger in their car heading to their destination, and an accident occurs, Uber offers the following coverage:
Individuals in Uber accidents can experience a multitude of injuries with varying degrees of severity.
The most common injuries that victims suffer in these types of accidents include:
If you are injured in an Uber accident that is the driver’s fault, you are entitled to damages. Depending on the scope of your injuries and other specific factors surrounding the accident, California law may allow you to go after economic and non-economic damages, as well as punitive damages.
Figuring out how much you should claim in damages can be quite complicated, and many courts often struggle to decide what a fair or rational award is, especially when it comes to non-economic damages. That is why you must have a capable attorney handling your case to ensure that they can successfully argue for the compensation you need.
Economic damages are direct costs that a victim has incurred as a result of the accident and may include the following:
Non-economic damages are defined as unquantifiable, subjective non-monetary losses that include a variety of real costs resulting from personal injuries. These can include:
California also allows punitive damages in some instances. These damages are usually granted by a court when they want to punish the defendant for their outrageous conduct and try to deter them and others from engaging in similar actions in the future.
Many individuals wonder what they should do if they find themselves in an accident while they are a passenger in an Uber. Right after an accident, remember that you should handle the situation as if you were in any other motor vehicle accident.
After any accident, call 911 and get proper medical attention. Even if you do not think you have suffered any significant injuries, it is essential to get adequately assessed by a medical doctor and get any injuries on the record.
If you do not require immediate medical care and it is safe to do so, collecting evidence from the accident scene is essential for your claim. If possible, try to take photos and videos of the crash scene and any visible injuries, car placement, the weather, traffic signage, and road debris. In addition, get the contact information of any witnesses who observed the accident and saw what happened.
Processing this type of accident is hard. You do not need to complicate it further by trying to obtain critical evidence required to prove your case and doing a thorough investigation of the accident, especially when you are recovering from your injuries. Instead, contact an Uber accident lawyer at Gomez Trial Attorneys as soon as possible and allow them to do the hard work for you.
In California, you have two years from the date of your accident to file a claim for a car accident. However, no matter the circumstances of your accident, it is best to contact an attorney as soon as possible. They can take care of all the filing deadlines while ensuring that critical evidence is not lost.
When it comes to rideshare companies, perhaps no company is as well known as Uber, which has provided more than 10 billion trips worldwide since it started in 2009. While many have enjoyed the convenience of arranging and paying for an affordable ride from a phone, among these 10 billion Uber trips have been car accidents, often raising difficult legal questions for those injured as passengers and for occupants of other vehicles involved in an Uber accident.
If a Riverside Uber accident injured you, read on for the answers to the questions our Riverside clients most frequently ask about Uber accidents.
In California, those who have sustained an injury from someone else’s careless or reckless behavior can pursue compensation.
Those who often bring claims following Riverside Uber accidents include:
These are general Riverside Uber accident scenarios that may create grounds for claims. Even if your scenario doesn’t seem to fall into one of these buckets, it is a good idea to speak to an experienced Uber accident attorney, who can identify the unique factors in your situation that could impact your ability to pursue compensation.
Because Uber classifies its drivers as independent contractors, drivers are not direct employees of the company, and the company, therefore, is not vicariously liable for the actions taken by the drivers providing transportation services. Because of this, those injured in Uber accidents generally cannot bring lawsuits in civil court against Uber. But Uber’s insurance policy, detailed below, makes most direct lawsuits against Uber unnecessary.
While Uber is shielded from being sued for its drivers’ accidents, the rideshare company is still a source of compensation for injury victims through insurance coverage. Uber covers accidents of its drivers, who are using their own personal vehicles, through a third-party insurance policy.
This is how Uber’s insurance policy works:
Uber requires its drivers to submit and retain on file proof of valid personal auto insurance coverage. Therefore, if you are injured by an Uber driver, there should be some source of insurance coverage. However, if an Uber driver fails to get a rideshare endorsement with their insurance company, the insurance company generally will deny coverage of the accident as it occurred while the driver was conducting unauthorized rideshare activities.
California Assembly Bill 5 (AB5), which went into effect on January 1, 2020, sought to do just that. Requiring Uber and other gig-economy businesses to classify their independent contractor drivers as employees not only would have created liability for Uber for its drivers’ accidents, but would also have required the company to provide other benefits to drivers, including vacation and sick time.
However, in the fall, after a push by businesses, including Uber, California voters approved Proposition 22, which legally designates the drivers of app-based ride-hailing and delivery apps as independent contractors.
If you are a passenger in a Riverside Uber that was hit by an uninsured driver, you can seek compensation for your injuries through a third-party claim against Uber’s uninsured/underinsured motorist policy. Unfortunately, this can be unduly complicated. Many individuals who first attempt to file a third-party insurance claim by following the procedures on Uber’s app or website cannot get claims paid out and end up overwhelmed by the tactics Uber’s insurer uses to avoid paying out claims. For this reason alone, you need to hire a lawyer, even if you just need help navigating the insurance claim mazes.
Drunk driving is a clear danger to everyone on the road. In the U.S., 30 people die each day from drunk driving accidents. Alcohol intoxication impairs skills needed for safe driving, such as the ability to track moving objects, to maintain a single travel lane, to control one’s own speed, or to pay attention to the task of driving. These impacts often begin before a driver has reached the legal blood alcohol content limit. In fact, impacts begin with the first drink.
If you suspect that your Riverside Uber driver is drunk and you have not yet gotten into the vehicle, do not get in the vehicle. Instead, call 911 immediately and report the driver to Uber. If you are already in an Uber and start to notice signs of driver impairment, ask to get out at the nearest safe area. Call 911 to report the driver to authorities, and report the driver through your Uber app.
While your ability to file a lawsuit depends on the unique circumstances of your case, being a driver for Uber does not prevent you from seeking compensation from an at-fault party for the expenses and impacts you incurred from your injury. If another driver’s actions were the cause of the accident, you would likely file your claim against the insurance carrier of the driver.
If you are hit while transporting a passenger or en route to pick one up, and the at-fault driver is uninsured, you may also file a claim under Uber’s uninsured/underinsured motorist policy. One of the services an experienced Uber accident lawyer can provide is assistance in determining all sources of liability and all insurance resources that can be accessed to provide compensation for your injuries.
To hold someone responsible for a Riverside Uber accident in a lawsuit, you must show that:
California law allows for the recovery of both economic and non-economic damages following an Uber accident. The term “damages” is a term for legally-mandated compensation. Economic damages are awarded to compensate Uber accident victims for the out-of-pocket expenses they incur because of the accident.
Riverside Uber accident economic damages often include:
Non-economic damages refers to an award of compensation for the quality-of-life impacts victims experience because of an accident.
Common examples of impacts contributing to non-economic damages in Riverside Uber accident claims include:
Uber accident lawsuits are complex, to the point that trying to represent yourself may result in failure to recover compensation or recovering much less than you deserve. A Riverside Uber accident attorney with experience in this type of accident can provide tremendous assistance in your pursuit of compensation for your injuries.
Your attorney can provide:
When faced with the daunting process of filing a lawsuit, Uber accident victims may hesitate to look into hiring an attorney because they are afraid they cannot afford it. At Gomez Trial Attorneys, we believe financial status should not be a barrier to legal representation.
We offer two budget-friendly services designed to ensure that obtaining excellent legal representation can be affordable, including:
Let the experienced Uber accident lawyers at Gomez Trial Attorneys help with your Riverside Uber accident. For a free case evaluation, contact us online or call us anytime.
Uber accidents are quite complicated, tedious, and at times difficult to handle, especially when Uber or their insurance company denies your claim. Even though companies such as Uber carry extensive liability insurance, getting them to pay for your damages can be quite the ordeal and often requires hiring an experienced legal team to get the job done.
If you hire Gomez Trial Attorneys to handle your case, we can provide you with the legal help you need during this difficult time. We can not only take over all the communications with the insurance companies, but we will fight to get the compensation that you deserve.
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