San Bernardino Ridesharing Attorney
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San Bernardino Ridesharing Attorney
WHAT YOU NEED TO KNOW ABOUT RIDESHARE ACCIDENT CLAIMS IN SAN BERNARDINO, CALIFORNIA
Ridesharing services have completely revolutionized not only how we travel but how we view mass transit as well. Gone are the days when we needed a motor vehicle or public transit services to get us to our destinations. Today, with a click of a button, we can have a ride to get us to wherever we need to go in a matter of minutes.
However, even though ridesharing services have become essential to providing convenient and beneficial services for tourists and citizens of the San Bernardino area, these services are not without their problems. Because the top ridesharing companies allow almost anyone to become a driver with very few background checks or little training, ridesharing accidents can cause devastating harm, debilitating injuries, and astronomical medical expenses.
Fortunately, the San Bernadino rideshare accident lawyers at Gomez Trial Attorneys, we have a comprehensive understanding of the laws that govern these ridesharing accident claims in San Bernardino, and we are ready to fight to protect your rights and pursue justice on your behalf.
GOMEZ TRIAL ATTORNEYS: WHO WE AREAt Gomez Trial Attorneys, we have successfully resolved some of California’s most complicated legal cases, including Kristin Rossum’s American Beauty Murder case, the runaway Lexus case that caused the tragic death of California Highway Patrol (CHP) Officer Mark Saylor and his family, and the Pizza Hut delivery driver case. Founded by award-winning attorney John Gomez, Gomez Trial Attorneys consists of lawyers and staff who go above and beyond for their injured clients. We understand how challenging a time this is for these victims, and we want to help them by bringing our experience, knowledge, and tenacity to the table in every case. At Gomez Trial Attorneys, our legal team has the resources, skills, and track record to take on the largest cases and go after the results that our clients want. In the last fifteen years, we have collected over $750 million in settlements and verdicts, with more than 135 of these awards totaling around $1 million each. We have also obtained jury verdicts of more than $1 million, $10 million, and even $100 million. Some of our latest judgments and awards have included:
- $20,000,000 for a wrongful death settlement
- $13,500,000 for a brain injury jury verdict
- $12,300,000 for a mild traumatic brain injury jury verdict
- $3,125,000 for an auto accident settlement
HOW DOES THE LAW DEFINE RIDESHARING SERVICES?The law considers rideshares transportation network companies, sort of like taxi and bus companies. However, unlike taxicabs, you cannot hail rideshares from the street. Instead, passengers use a website or a mobile application to find drivers of vehicles for hire. The two biggest ridesharing companies in the United States are Uber and Lyft. For passengers to use a ridesharing company, they will need:
- A Paypal account or a credit card;
- A smartphone; and
- The ridesharing app.
10 COMMON CAUSES OF SAN BERNARDINO RIDESHARING ACCIDENTSIn San Bernardino, some of the most common causes of ridesharing accidents include:
- Excessive speeding
- Inexperienced drivers
- Failing to yield
- Bad weather conditions
- Fatigued drivers
- Driving under the influence of drugs or alcohol
- Distracted driving
- Violating traffic laws
- Road rage
- Car malfunction
15 COMMON INJURIES RESULTING FROM A SAN BERNARDINO RIDESHARING ACCIDENTRidesharing accidents can result in devastating injuries that affect almost every part of the body. Typically, these accidents result in the following common injuries:
- Traumatic brain injuries
- Head and neck injuries
- Back injuries
- Deep lacerations
- Broken bones or fractured bones
- Soft tissue injuries
- Spinal cord injuries
- Internal injuries
- Internal bleeding
- Disfiguring facial injuries
- Foot and ankle injuries
- Hand and wrist injuries
- Bruising and road rash
WHO IS LIABLE FOR A SAN BERNARDINO RIDESHARE ACCIDENT?One of the most common questions that people have after a rideshare accident is who is liable for the resulting damages. The answer to this question, however, is not as straightforward as many hope. Ridesharing services are unique, and as a result, specific scenarios can affect liability. Consequently, before you can determine insurance liability, you will need to examine:
- What was the cause of the ridesharing accident?
- Who were you in this accident? Were you the rideshare driver, a pedestrian, a motorist in another vehicle, or a rideshare passenger?
- Was the rideshare driver on duty at the time of the accident?
RIDESHARE INSURANCE AND HOW IT WORKS FOLLOWING AN ACCIDENTUnderstanding rideshare insurance policies can prove confusing, especially when you are looking for financial recourse following a San Bernardino rideshare accident. To help simplify the complexities involved with this insurance, here are the most common insurance-related periods of which you need to be aware: PERIOD 0: THE RIDESHARE DRIVER IS OFFLINE, OR THE APP IS OFF. If a crash occurs during this period, then the driver’s personal insurance coverage applies, which means that the policy needs to meet California’s minimum auto insurance requirements:
- $15,000 for bodily injury coverage per person injured in an accident
- $30,000 for bodily injury coverage per accident
- $5,000 for damage to property
- $50,000 for bodily injury coverage per individual injured in a crash
- $100,000 for bodily injury coverage per accident
- $25,000 for property damage coverage per accident
- Uber provides its drivers with $1,000,000 of uninsured and underinsured motorist bodily insurance coverage. In addition, Uber also provides drivers with comprehensive and collision coverage with a $1,000 – $2,500 deductible, as long as the driver carries personal collision coverage as well.
- Lyft also provides its drivers with comprehensive and collision coverage, as long as drivers have collision coverage on their own personal auto insurance policy. However, Lyft has a deductible of $2,500, which drivers must pay out of pocket before Lyft’s policy will cover any damages.
SIGNIFICANT DIFFERENCES BETWEEN A TAXI AND A RIDESHARE SERVICETaxis are often owned, maintained, and inspected by taxi companies and leased to a driver. Additionally, counties or cities tend to strictly regulate taxi drivers, ensuring that they meet specific criteria before they may drive and transport customers. Taxis are often hailed from a sidewalk, especially in big cities, or by the exit of a train station or airport. Once they arrive at their destinations, passengers will need to pay with either a credit card or cash before leaving the taxi. In comparison, rideshare companies operate slightly differently. First, passengers can only hail a rideshare service through an app, where they will indicate where they are going, the number of people they are with, and other specifics that the driver needs to know. When these passengers get dropped off, they do not pay in cash. They make all payments through the app, where the passenger’s credit card is likely already on file. At the end of their trip, the app will ask the passenger to leave the driver a rating so that other passengers know what to expect for future rides.
SIX ACTIONS YOU NEED TO TAKE FOLLOWING A SAN BERNARDINO RIDESHARING ACCIDENTYou need to remember that the process of filing a San Bernardino rideshare claim for the harm you endured begins at the crash scene. That is why if you are ever in a San Bernardino ridesharing accident, you must take these six steps to get the fair recovery you require:
- Contact the police immediately. Following a rideshare accident, you need to contact 911. This is the quickest way to get Emergency Medical Services (EMS) to the scene and get your accident on record. Once police officers arrive at the scene, they can promptly investigate the crash and write down their findings in police reports. If you decide to pursue a legal claim, this report can provide you with essential information regarding what happened and who was at fault.
- Start collecting evidence. If it is safe, try to take as many photos and videos of the accident scene as you can. Include time-stamped photographs of the position of the vehicles involved in the crash, skid marks on the road, any visible injuries, property damage, the inside of the cars, any traffic signs near the impact, the weather conditions at the time of the accident, and any other evidence that can help show what happened.
- Exchange information with the other individuals involved in the accident. Exchange information with all of the drivers involved in the crash, and make sure to get names, contact information, driver’s license numbers, license plate numbers, and insurance information. If you can, try to take pictures of all of this information as well.
- Get witness contact details. If any bystanders witnessed the accident, get their names and contact information. Eyewitness statements can confirm your story’s details and convince insurance companies and/or courts of the legitimacy of your injuries and the value of your claim.
- Keep a journal. Following the accident, make sure you write down the details of your accident, injuries, and recovery in a journal. Include specific details about the accident, the medical treatments you need, how you feel, the extent of your pain and suffering, and how the crash has changed your life. Over time, memories of the accident will fade. Having a journal can help keep the crucial details of the accident fresh while also providing your lawyer with vital evidence regarding the extent of your pain and suffering.
- Contact an experienced San Bernardino ridesharing accident lawyer at Gomez Trial Attorneys. Make sure you contact our experienced San Bernardino rideshare accident lawyers as soon as possible following your accident. The right lawyer will promptly get to work investigating your crash, help you navigate the complicated claims process, and fight to recover maximum compensation on your behalf.
SAN BERNARDINO RIDESHARING LAWYER FAQSIt is essential to understand that an accident with a rideshare vehicle is not your average car crash claim. Quite often, victims of this type of accident may qualify to pursue additional insurance coverage, depending on the circumstances of their case. However, because rideshare services are still a relatively new industry, auto accidents involving these services often prove difficult to handle due to the changing landscape of the laws that regulate these businesses. To better help interested individuals understand what these rideshare accidents involve, we have prepared the following answers to some of the questions that we hear most frequently from our clients. We hope to provide you with the clarity and the legal answers you need and to show you how Gomez Trial Attorneys can help tackle these challenging claims and fight for compensation and justice on your behalf. 1. WHAT ARE THE DIFFERENT TYPES OF SAN BERNARDINO RIDESHARE ACCIDENT CLAIMS? In general, there are four main claims that can result from a San Bernardino rideshare vehicle crash. They include:
- A rideshare driver was harmed while picking up, driving, or dropping off a passenger.
- A passenger was injured in the ridesharing vehicle during a ride.
- Another automobile motorist was injured in an accident that involved a ridesharing vehicle that was performing ridesharing services.
- Passengers in another motor vehicle were injured in an accident with a rideshare vehicle that was on its way to pick up a passenger.
- The defendant owed the victim a duty of care;
- The defendant breached this duty of care;
- This breach was the proximate and direct cause of the victim’s harm; and
- This breach resulted in the victim’s damages and losses.
- Medical bills, including past, present, and future medical expenses (such as doctor visits, surgeries, hospital stay, and medications)
- Lost wages
- Lost earning capacity
- Personal property damages
- At-home nursing care
- Replacement services, such as childcare services or grocery shopping services
- Rehabilitative therapy, such as occupational and physical therapy
- Other out-of-pocket expenses
- Pain and suffering
- Emotional anguish
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Loss of a limb
- Loss of reputation
- Funeral expenses
- Burial expenses
- Financial losses
- Compensation for the loss of support and companionship
- The types of injuries endured
- The severity of these injuries
- Whether the injuries resulted in a permanent disability
- Whether doctors believe you can make a full recovery
- The extent of the pain and suffering
- The number of medical treatments you will need now and in the future
- The defendant’s culpability
- The credibility of the evidence and witnesses presented
- The ripple effect the accident and the injuries have on your life going forward
- We can investigate your case thoroughly and make sure to secure the valuable evidence needed to prepare a comprehensive claim on your behalf.
- We can answer any questions you have while going over the legal options you can pursue.
- We can make sure we file all legal motions accurately and within the statute of limitations.
- We can handle all the discussions and negotiations with the insurance company and fight for a fair settlement.
- We can take your case to trial if the other side is unwilling to negotiate and go after maximum compensation.
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“John helped me find doctors, he referred me to his neurologist, his physical therapist, I mean, anything I needed he was right there, every step of the way. I couldn’t have asked for a better result from all of this, I would absolutely recommend Gomez Trial Attorneys.”
“During the time I was working with Gomez Trial Attorneys, they treated me very, very well. 100% of the time, they believed me, and they were very compassionate. They felt sorry for what happened and they understood the therapy process.”
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