Consistent Success
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for Over 25 Years
Uber Accident Attorney Injury Lawyer in Los Angeles
As an Uber accident lawyer and injury attorney in Los Angeles and rideshare accident lawyers, I have seen the mobility of society give rise to various transportation network companies, or TNCs, in the last five years in Southern California. Also called rideshares , these rideshare companies offer a less expensive option to taxis. In addition, they have attracted numerous drivers due to the scheduling flexibility for students or others who like the option of extra weekend work. However, the occupation is not without risks as accidents can occur when using ridesharing services and making a ride request.
With a solid presence in nearly 20 cities, Uber boasts the quickest expansion rate in Los Angeles of all their markets, according to a Forbes article written in 2015. A Princeton University professor, Alan Krueger, along with their Head of Research released an analysis of the company’s history and earnings. They reported that the company is hiring new drivers at a rate that more than doubled every six months between 2012 and 2014. The company’s Upscale service, which uses black cars, has seen some growth, but most of the growth is via the traditional service, where drivers use their own vehicles.
Increased Accident Risk Many rideshare drivers are simply looking for a way to earn extra money and have no additional driving experience. In addition to the usual reasons for accidents in the city, the following factors can combine to increase a rider’s risk of an accident when using a TNC:
- Time constraints
- The driver’s lack of training
- The busy traffic in Los Angeles and
- The pressure of transporting people in exchange for payment.
If you think that your Uber or Lyft driver acted negligently, which resulted in your injury, contact our attorney for assistance.
What Should I do After an Uber Accident?
After an Uber accident, it’s important to take specific steps to ensure your safety, protect your rights, and properly report the incident. Here’s a guideline on what to do:
Check for Injuries: First, ensure that you and anyone else involved in the accident are okay. If there are any injuries, call emergency services immediately.
Call the Police: It’s important to have an official accident report for insurance purposes and to establish the facts of the accident. Even in minor accidents, a police report can be invaluable.
Gather Information: Exchange contact and insurance information with the Uber driver and any other drivers involved in the accident. Take note of the car models, license plate numbers, and the exact location of the accident.
Document the Scene: Take photos of the accident scene, including all vehicles involved, any visible damage, and relevant road signs or signals. This documentation can be crucial for insurance claims or legal purposes.
Report the Accident to Uber: Uber has a protocol for accidents involving their drivers. You can report the accident through the app. This step is crucial as Uber provides insurance coverage for accidents that occur during a ride.
Seek Medical Attention: Even if you feel fine, some injuries may not be immediately apparent. It’s advisable to see a doctor after the accident for a thorough check-up.
Contact Your Insurance Company: Report the accident to your personal insurance company. They can guide you on the next steps, especially regarding medical coverage and potential claims.
Consult with an Attorney: If you have suffered injuries or significant losses, consulting with an attorney experienced in ride-sharing accidents can help protect your rights and guide you through the process of seeking compensation.
Follow Up: Stay in touch with Uber, your insurance, and if applicable, your attorney, to ensure that your claims and any legal actions are progressing.
Rest and Recover: Prioritize your physical and mental health following the accident. Follow your doctor’s advice and take time to recover before returning to your normal activities.
Each accident is unique, so the steps you’ll need to take may vary. It’s important to stay calm and focused following an accident and to prioritize the safety and well-being of everyone involved.
Insurance Coverage and Periods Under New California Laws The new legislation defines three coverage periods when Rideshare Drivers are on the job
Period 1 is the time when the driver goes online until he or she agrees to a client pick up. Company insurance, not personal insurance, covers drivers during this time.
Uber’s coverage under Period 2, when traveling to pick up a customer, and Period 3, when transporting passengers, includes:
- $1 million in liability coverage, unless the driver has his or her own ridesharing insurance coverage
- $1 million for uninsured and/or underinsured motorist bodily injury coverage if the other motorist does not have insurance or does not have enough coverage; and
- Comprehensive and collision insurance, less a $1,000 deductible.
The company must also provide additional liability coverage valued at $200,000.
What type of compensation can I receive from and Uber Accident?
Financial compensation for personal injury claims including motor vehicle traffic accidents is designed to restore a person who has suffered harm to the position they would have been in if the injury had not occurred. Here are several types of compensation, also known as “damages,” that can be awarded in personal injury cases:
Economic Damages (Special Damages)
- Medical expenses: Covers past, current, and future estimated medical bills.
- Lost wages: Compensation for earnings lost while recovering from an injury.
- Loss of earning capacity: If the injury permanently affects the victim’s ability to earn a living.
- Property damage: Reimbursement for property damaged during the incident.
- Out-of-pocket expenses: For other miscellaneous costs incurred due to the injury.
Non-Economic Damages (General Damages)
- Pain and suffering: For physical pain resulting from injuries.
- Emotional distress: Compensation for psychological effects, such as anxiety, depression, or PTSD.
- Loss of consortium: Damages awarded when injuries negatively affect the relationship between the injured person and their spouse.
- Loss of enjoyment: Compensation for inability to enjoy hobbies or other activities.
- Loss of companionship: When the injury results in death or profound changes, affecting relationships with loved ones.
Punitive Damages
- These are not awarded in all cases but can be given when the defendant’s actions are found to be especially harmful or egregious. Punitive damages are meant to punish the wrongdoer and deter similar conduct in the future.
Wrongful Death Damages
- If a personal injury case involves the death of the victim, the family might be entitled to compensation for funeral and burial costs and expenses, loss of financial support, and emotional suffering.
Why hire a Personal Injury Attorney if injured in an Uber Accident?
Given the complex insurance coverage issues and liability concerns outlined above, it is always prudent to consult and hire an Uber accident lawyer if you are injured as a passenger riding in and Uber in Los Angeles or anywhere in California and would like fair compensation. As Rideshare Accident Attorneys and personal injury lawyers, we know that Insurance companies have the goal of either eliminating or reducing payouts on these claims. They do this in many ways such as denying liability, discounting the value of medical costs, denying that the accident caused injury, and many other tactics. Having a legal advocate to confront these claims is crucial to recovery of full value. An Uber accident attorney can best evaluate who is at fault, against whom claims should be made and how to maximize the value of any personal injury or wrongful death claim. Uber accident lawyers can also assist victims in obtaining medical evaluation and treatment so that the injured party can simply concentrate on getting better rather than dealing with insurance representatives and adjusters simply looking to eliminate or reduce their payout.
Who is liable for an Uber accident?
The at fault party in an Uber crash depends upon many factors. The Uber driver has a duty of care to operate their motor vehicle in a reasonably prudent manner. Therefore, if the Uber driver was negligent and caused the accident and they were transporting you as a passenger at the time of the incident, Uber is liable. If another vehicle driver or drivers were involved and caused or at least contributed to causing the crash, those persons my be responsible for some or all of the damages. If the driver at fault had no insurance or limited coverage, you may be able to seek additional compensation from Uber for “uninsured” or “underinsured” motorist coverage. Sorting out all these issues regarding liable parties and insurance coverage is not simple and is best done with the assistance of any attorney familiar with Uber accident claims. Obtaining the police report, garnering and presenting evidence and presenting the claim can all best be done through
How long do I have to file my Uber Accident Claim?
California legal process normally provides a two year “statute of limitations” for accident victims. This means that you have only two years from the date of the accident to file a lawsuit against the driver at fault. Most claims against Uber are subject to mandatory arbitration (similar to a court proceeding but, without a jury) and Notice of Intent to pursue arbitration must also be filed within two years from the date of the accident. Having said this, you would never want to wait more than even a few days or weeks to open claims with the at fault driver’s insurance and/or Uber. Delay in reporting the claim can lead to a denial of the claim.
Should I seek Medical Treatment After an Uber Accident?
If you have any physical pains or complaints following an Uber accident, you should promptly seek medical attention. If an ambulance arrives at the scene and you are experiencing pain, it is always best to have them transport you to a medical facility where you can obtain a proper medical evaluation and treatment. Failing to promptly seek medical attention is one of the major causes of denials or claims or devaluation later by insurance representatives. A quality personal injury law firm can assist you with obtaining treatment even if you don’t have health insurance.
Should I get an Attorney After an Uber or Lyft Accident?
Uber and Lyft are large companies with dedicated claims representatives and attorneys on their side. Like any other insurance company, their coverage representatives are out to either eliminate the claim or reduce the value of any payout. This is why it is important to seek the assistance of experienced Uber and Lyft accident lawyers who are familiar with the claims process. Uber accident attorneys can assist with obtaining medical treatment, help investigate and document the crash, obtain police reports and other documents related to liability such as witness statements, garner all medical records and bills and present a settlement demand. If the parties are unable to settle the claim, it is important to note that a lawsuit will need to be filed against any third parties that caused the accident and arbitration will need to be commenced against Uber or Lyft if their driver is at fault. Litigation and arbitration are not simple processes and require expert help!
Example of Uber Accident Victims We’ve Helped:
College student takes an Uber to LAX to head home to Chicago from Los Angeles. He is a passenger with several others in the car. The car is struck by another vehicle and the facts would indicate that both drivers have some legal fault. Client sustained neck and back injuries. We were able to assist him in finding a doctor and physical therapist to provide treatment in the Chicago area. We obtained the police report and sorted out the liability issues. We filed claims with both the third party driver and with Uber and both claims were accepted and paid. Settlement from both parties were obtained. Here is what the client had to say:
“I was involved in an Uber accident in Los Angeles on my way home to Chicago. It was difficult as I now live in Chicago and was not sure how to pursue a case from so far away. A friend in Illinois recommended Steven Sweat as the best attorney to use for my case in California. I have been very happy with Steven and especially with his quick responses to any of my questions. He explained everything very clearly and made me feel like he had my best interest at heart. I am happy with the outcome of the case. Thanks Steve.”