Over the past three years rideshare companies Uber, Sidecar and Lyft have established a strong foothold in San Diego County displacing Taxi Cabs and in many instance public transportation as a means of travel. The demand for alternative means of transportation has been paralleled by an equal rise in accidents involving rideshare vehicles. Our law firm is proud to represent passengers, pedestrians, other motorists and drivers who have suffered serious injuries in such accidents.
Uber and Lyft Exposure to Damages Sustained in Accidents
Pursuant to California law rideshare companies must carry a One million dollar insurance policy for accident where their drivers can be held liable. Additionally they carry a one million dollar uninsured and underinsured motorist coverage. Uninsured motorist coverage applied when the over vehicle that was involved in the accident and was placed at fault does not have insurance coverage at the time of the accident. Underinsured motorist coverage will apply when the injuries and damages sustained by an individual are in excess of the insurance policy limits of the at fault driver.
Establishing Liability – Wining Your Case and Maximizing Your Results
The vast majority of personal injury cases are predicated on a negligence based cause of action. There are several elements which need to be proven in order to establish liability on the part of the at fault party.
- Duty: Did the driver of the vehicle owe a duty to the injured party. In the state of California drivers and conductors of ass transportation vehicles including Taxi Cabs, Buses and Uber drivers owe their passengers as well as other motorists on the road the highest duty of care.
- Did the driver breach his/her duty of care: Example of a breach of a drivers duty of care can include driving recklessly, high speed, failure to stop at a stop sign, driving to close to the other vehicle in front of you, texting while driving, drowsy driving, and driving under the influence of alcohol.
- Causation: Was the breach of the duty of care a cause of the accident which took place.
- Injuries: Did the accident resulted actual and discernible injuries. Common injuries in auto accident include, soft tissue injuries, damage to the spinal cord, pinched or damages nerves, facial injuries including lacerations, broken bones, head injuries including traumatic brain damage and psychological damage including PTSD.
What do I do If I Was in an Accident with an UBER Driven Vehicle
Some of the steps that should be followed in order to protect your rights following an auto accident with a rideshare vehicle include the following…
- Contact the police department and have them file a Traffic Accident Report (TCR).
- If injured seek medical attention as soon as possible. Immediate documentation of your injuries can play a significant factor in the potential value of your case.
- Ask witnesses for their information including their names, phone numbers, and a brief description of what they witnessed.
- Do not speak with insurance company individuals regarding your accident. Any statements made can be used to reduce or eliminate your right to recovery.
- Contact a personal injury attorney.
Recovery Available for Victims:Individuals harmed in auto accidents are entitles to recovery for all damages sustained including and medical and health related expenses, loss of wages, loss of future income capacity, property damage, and emotional distress. In some instances where actions of at fault parties are held to be intentional or reckless in nature courts can award punitive damages to victims. Example can include hit-and-run accidents, and DUI driving under the influence.
Attorney Consultation: All legal consultations regarding your case are provided by our attorneys free of charge. If you have any further legal questions feel free to contact our law firm.