California Uber Accident Attorney

California Uber Accident Attorney

Choosing to be an Uber customer requires a lot of trust on your end, as your safety and ability to reach your destination are in the hands of someone you may not know. If you’ve been in an Uber accident, you may have a few questions. How is a rideshare accident different from a regular car accident? What should you do next? Are you in a situation where you should consider hiring a lawyer?

If you have these questions, you’re certainly not alone in your worry or healthy hunger for information. We’re here to break down all of the information you need to know if you’ve been in an Uber accident as well as share a few of the next steps you may want to take in the near future.

What Are the Differences Between an Uber and Car Accident?

One of the most significant differences between Uber accidents and car accidents is the liability of the rideshare company. In this case, Uber treats its drivers as independent contractors instead of regular employees. Depending on whether or not the Uber application was activated, as well as a few other factors, Uber may try to argue its liability in your case.

Additionally, if Uber cannot escape responsibility for your accident, you and your legal team may need to deal with more insurance companies than is typical for your average car accident. This is because Uber requires its drivers to cover some of the damages with their own collision coverage.

More insurance companies mean your legal team may need to explain and defend your circumstances to more representatives than is typical. Regardless of the complexity, your lawyer may be well-equipped to handle your case and give you the best possible outcome.

California Is a Pure Comparative Negligence State

California varies from other states because it is a pure comparative negligence state. Because this is the case, even if you are found partially at fault in an accident, you may be able to receive compensation for the damages you face.

For example, an Uber driver is transporting a rider, and they bump into another vehicle. If the driver of the other vehicle was distracted, such as by texting and driving, they will share partial blame. This can apply to anyone involved in the collision, such as the Uber driver being irresponsible or inattentive, the rider being distracting to the Uber driver, the other driver, or some other external factor.

Each party’s negligence will have an assigned percentage of fault. When it comes to ridesharing accidents, Uber and the driver may split the driver’s percentage of fault. Regardless of the percentage of responsibility each party receives, each may be able to receive compensation for their personal damages.

When Is Uber Responsible for Damages?

Whether or not Uber is liable for any of the damages depends on the period an Uber driver is in at the time of the incident. This can be roughly explained as follows:

• No period: If your Uber driver does not have their Uber app turned on, they’re not considered on the job. In this case, this is treated like a typical car accident and the driver will be required to use their personal insurance.
• Period one: If the app is turned on and an Uber driver is waiting for an assignment, Uber may have limited liability. They will cover up to $50,000 in damages per person, up to $100,000 per accident, and up to $25,000 in property damage. However, the driver’s personal insurance will not apply.
• Period two and period three: This is when the Uber driver is on the way to pick up a rider and when the driver is en route to the destination, respectively. Uber will offer up to $1 million in liability, but collision coverage is the responsibility of the contracted driver.

Uber’s responsibility is structured in this way because its drivers are considered independent contractors rather than employees.

Why You May Need a California Uber Accident Lawyer

By hiring a lawyer who is able to deeply understand your particular circumstances, in addition to the law, you may be putting yourself in the best position to maximize your potential compensation following your case. This is because your lawyer will know your perspective and reasoning for acting in the way you did during the incident.

Your lawyer may be able to deemphasize your level of fault during negotiations with insurance companies, correlating to a potential increase in the percentage of damages you might get to collect. This is fantastic news for you, especially because there are personal injury lawyers who will only accept legal fees if you win your case, meaning there are no economic downsides to hiring a qualified lawyer.

An experienced attorney may also be able to offer you individualized advice for your next actions based on the specifics of your case. This may involve finding evidence, collecting statements, and staying off social media, as well as other steps you may want to take.

Get the Help You Deserve From a Setareh Law California Uber Lawyer

We at Setareh Law specialize in personal injury cases, including Uber accidents. If you’ve been in an accident involving a rideshare company, we may be able to offer our knowledge and compassion to your case. Daniel Setareh is well experienced in personal injury law, leading the rest of our team and our clients to incredible successes. We know experiences like these can feel foreign, and we may be able to help you feel less alone through each step of the process.

If you’re interested in getting in contact with our California car accident lawyers, allow us to provide you with the help and comfort you deserve. You can schedule a free consultation with us by filling out our contact form or calling us at (310) 659-1826. We also speak Spanish.