SAN FRANCISCO UBER ACCIDENT ATTORNEY
Uber and Lyft are rideshare apps that provide accessible transportation solutions to countless commuters in San Francisco. In 2020 alone, Uber generated around $11.1 billion in sales. However, despite the advantages, it presents accidents in these vehicles are inevitable.
The legalities behind an Uber or Lyft accident can be complicated to understand. There are several parties involved in this situation. And they may start pointing fingers. To resolve this efficiently, you will need the help of a San Francisco Uber accident lawyer.
Our San Francisco Uber car accident attorney at Halavanau Law Office resolved countless car accident cases, even rideshare accidents, in the past. We have a legal solution for you, whether you face an Uber or Lyft accident case. Contact us now for a free consultation.
HOW THE HALAVAU LAW OFFICE CAN HELP YOU WITH YOUR UBER ACCIDENT CLAIM IN SAN FRANCISCO
Our San Francisco rideshare accident attorney employs a systematic approach to resolving car accidents. We will thoroughly assess your case and look at every possible angle. After a meticulous case investigation, we will help you obtain relevant and compelling pieces of evidence.
Once our San Francisco personal injury lawyer has the necessary evidence, we will build your car accident case. Our San Francisco rideshare accident lawyer will negotiate with the responsible party to give you the maximum compensation. Suppose their terms don’t meet your best interest, we will represent you in court.
CRUCIAL STEPS YOU NEED TO TAKE AFTER AN UBER ACCIDENT IN SAN FRANCISCO
It is critical to understand what you must do following an Uber or Lyft car accident. Your goal after the accident is to ensure your safety and preserve as much evidence as you can. Uber and Lyft accident lawyers recommend victims follow these steps:
- Contact the emergency medical services. You must contact the medical team as soon as possible after the accident. It’s crucial to have a medical professional inspect you for any injuries you might have.
- Inform the authorities. Once you ensure your safety, you need to contact the police immediately. They will typically draft a traffic collision report about the accident. You or your representation can obtain a copy of this vital accident report after a few days.
- Gather evidence. If you can, start taking photos or video footage of the event. You should also demand a copy of the defendant’s identification and insurance information.
- Don’t make any statement. Don’t disclose any critical information without a lawyer. Remember, anything you tell can be used against you.
- Contact a personal injury attorney. Personal injury attorneys are scattered throughout California. Make sure to contact a reliable attorney to work on your case.
HOW DO YOU OBTAIN MONEY AFTER AN UBER ACCIDENT IN SAN FRANCISCO, CALIFORNIA?
The negligent defendant driver is legally bound to provide compensation to car accident victims. As mentioned above, several parties can be held liable for Uber or Lyft accidents. However, the burden of proving which party is responsible for the accident falls on rideshare accident victims.
A victim may obtain accident claims from the following parties:
UBER’S INSURANCE COMPANY
Even though Uber doesn’t recognize its drivers as employees, it still provides auto insurance to protect passengers and drivers. Uber’s insurance coverage varies depending on the driver’s activity when the accident occurs.
- If the at-fault driver is not accepting passengers or logged off the app. Uber will not cover any accidents outside the driver’s duty. In this case, the driver’s insurance policy will kick in, or the driver has to shoulder the compensation out of their pocket.
- If the at-fault driver is waiting for a passenger’s request and is logged into the app. In that case, Uber will provide injury compensation of up to $50,000 per individual and $100,000 per accident. Uber will also provide up to $25,000 of property damage compensation per accident.
- If the at-fault driver is on the way to pick up a passenger or during a trip. Uber will provide $1 million third-party liability to their drivers. The rideshare company will also compensate for the driver’s injuries and any vehicle damage (subject to a typical $2,500 deductible).
THE UBER DRIVER’S PERSONAL INSURANCE PROVIDER
Uber or Lyft drivers are recognized by their respective companies as independent contractors. This means that when they cause an accident, the company has limited responsibilities for the event. For example, if an Uber driver has his app turned off and is not seeking a ride, Uber drivers or their insurance would usually shoulder the compensation for the victim’s damages.
The driver’s insurance company will identify whether the accident is covered under the driver’s policy. Suppose the driver’s policy can cover the victim’s damages. The insurance provider will communicate with the victim’s party to identify the best settlement offer.
THE UBER DRIVER
Depending on the driver’s policy, the driver’s insurance company can accept or deny to cover the victim’s compensation. The driver will have to shoulder the financial settlement out of pocket in this situation. This scenario and whether it is actually practical trying to collect funds from the driver personally will depend on many factors. Talk to a personal injury attorney to explore your options.
OTHER NEGLIGENT PARTIES OR THEIR INSURANCE COMPANIES
If another party caused the accident, they would cover the victim’s damages. The third-party defendant’s insurance policy will initiate at this point. If they don’t have an insurance policy or their provider denied their claims request, they will pay for your settlement out of pocket.
It’s vital to appropriately identify the at-fault party in an Uber or Lyft vehicle accident. Proper identification will ensure that the victim will receive maximum financial compensation.
CAUSES OF SAN FRANCISCO UBER ACCIDENTS
Rideshare accidents occur similarly to most auto accidents. These two motor vehicle accidents share similar causative factors. Here are some of the most common scenarios that led to rideshare accidents:
- Distracted driving. Rideshare drivers constantly check their phones to locate passengers and navigate the road. However, this lowers their attention to the road. During this time, drivers are prone to cause a car collision.
- Driver fatigue. Most rideshare drivers work long hours to increase their income. These extended work hours can cause exhaustion and a decline in their attention span. With their attention span and reaction time lowered, they are more prone to car accidents.
- Waiting for passengers in an accident-prone area. Certain parking spots attract more accidents than other places. This can be caused by the location of the parking place or a road defect.
- Drunk driving. Intoxicated driving is the leading cause of car accidents nationwide. Inebriated drivers are recommended to avoid driving and sober up before hitting the road.
- Reckless driving. Negligent driving is another major factor in auto accidents. As a driver, it’s vital to maintain attention to the road to avoid preventable accidents.
DAMAGES AVAILABLE TO UBER ACCIDENT VICTIMS IN SAN FRANCISCO
Like other personal injury cases, rideshare accident victims are entitled to receive various compensations for their damages. Uber or Lyft accident claims can be economical or non-economic. The court can also award punitive damages for accident cases in extreme recklessness cases on rare occasions.
- Economic damages. This compensation includes objective injuries a victim sustained. Medical expenses, property repair, and lost income are the most common examples of economic damages.
- Non-economic damages. This compensation is for subjective injuries a victim suffered. Loss of consortium and emotional suffering are the most common non-economic damages.
- Punitive damages. The court provides punitive damages to the defendant who caused an accident due to extreme negligence or recklessness. These damages are more of a punishment than compensation to deter similar conduct in the future.
LIABILITY IN AN UBER ACCIDENT IN SAN FRANCISCO, CA
Rideshare accidents are often complicated since there could be a lot of parties involved in this type of accident. Assigning liability to different players is not an easy task. It is critical for the San Francisco Uber accident lawyers working on these cases to look thoroughly and make the proper judgment to hold the appropriate party liable for the accident to ensure the best chance of recovery.
Depending on the situation and the facts recovered, a rideshare accident victim can seek compensation from the following parties:
- The Uber driver. The Uber driver is usually the liable party for the accident in most cases. This is only appropriate if the victim has the necessary evidence to identify the Uber driver as the responsible party.
- The company. Even if Uber considers its drivers as independent contractors, this does not necessarily protect the company from liability for the negligent Uber. Uber accident victims may still file a lawsuit against Uber itself in some circumstances, but whether such a suit stands will depend on many factors.
- A third-party. There were cases when a third-party driver caused a car accident, and recovery must be sought against that driver or his insurance company. It is crucial to conduct a meticulous investigation to identify the at-fault party appropriately.
WHY CHOOSE HALAVANAU LAW OFFICE, P.C. AS YOUR SAN FRANCISCO PERSONAL INJURY LAW FIRM?
There are many rideshare accident attorneys across the United States. It can be a challenging task to find an Uber or Lyft accident attorney who is reliable and takes your case seriously. Atty. Gene Halavanau is an experienced San Francisco Uber accident attorney. He worked with innumerable clients and helped them with various accident injury cases. He strives to find a personal approach to each client and seeks common-sense solutions and compromises that make sense for the clients. Clients are his absolute priority.
- Prioritize attorney-client relationship. When looking for personal injury lawyers, it is vital to find someone who understands the severity of your case. Resolving cases is more than just a task. It is about delivering the justice an accident victim deserves and understanding the client’s goals and objectives.
- We offer free consultations and a contingency fee. Atty. Halavanau provides a free consultation for all our clients. He also works on a contingency fee basis in personal injury cases, which means you don’t have to pay anything unless we win your case.
- Extensive experience and recognition. Our law firm has an outstanding record of successful client representation. We always ensure that we provide the best legal assistance to our clients.
SAN FRANCISCO UBER ACCIDENT FAQs
According to California law, rideshare accident victims have up to two years to file a lawsuit. However, accident victims can no longer hold the defendant responsible for their damages once the statute of limitation passes. In addition, if there are other responsible parties involved, the statute of limitations may vary and be as short as six months against governmental agencies. It is crucial to find a reliable and effective San Francisco Uber accident lawyer who can work on your case right away.
California follows a pure comparative negligence law. This means that even if the victim partially contributed to the accident, that person can still recover compensation. However, it will be reduced by the percentage of their own negligence contributed to causing the accident.
For example, a victim is entitled to recover $200,000 for their damages. Suppose the court found them 50% at fault for the accident. In that case, they can only receive $100,000 after their own fault is considered.
Yes. Uber considers their drivers as independent contractors and not employees. However, victims can still file a lawsuit against the company for their damages in some circumstances. A personal injury attorney will determine whether there is a valid basis for such a claim.
The value of a rideshare accident will vary depending on the specific facts of each case. In general, more severe cases lead to more significant compensation.
As established in the above sections, various parties can be involved in a rideshare accident. An accident victim may pursue compensation from the driver, Uber, or a third-party driver liable for the accident. A thorough investigation is required to identify the appropriate party and who should be pursued to make the victim whole again.
Uber does not consider its drivers as employees. The company labels its drivers as independent contractors.
CONTACT A SAN FRANCISCO UBER ACCIDENT LAWYER TODAY
If you are involved in an Uber accident in the San Francisco Bay area, it is vital to consult with a local attorney. Halavanau Law Office provides high-quality legal assistance services in the San Francisco area. If you need a proficient and experienced lawyer, call us today at (415) 692-5301. You can also fill out our contact form with the details of your case.