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Uber drivers are independent contractors working on behalf of a publicly traded corporation, and when an accident occurs, complicated legal issues can arise. In the event of a rideshare accident, Uber drivers and passengers alike must understand their rights and take steps to protect them.
Whether you're an Uber driver, passenger, or pedestrian involved in an accident, make sure you understand how to move forward by partnering with an experienced Uber accident lawyer in Los Angeles today.
Working with a rideshare accident lawyer in Los Angeles at BANA LAW can help ensure your claims are handled efficiently and effectively. Our team has over 100 years of combined experience, and we're ready to hear from you.
Uber and competitors like Lyft have made ridesharing a way of life for people across the country and around the world based on a promise of convenience. The companies tell drivers they can work where they want when they want, while riders can hail a car from just about anywhere with a few taps of a phone.
For riders, the advantages of ridesharing include:
The companies often also pitch their services as the safe option, especially for people who have been or plan to be drinking. Whether that is actually true depends on which study you look at, and skeptics have pointed out that having the rideshare option may increase excessive drinking among riders.
Any Uber accident attorney will tell you that Uber wrecks can and do happen. Some situations may require Los Angeles car accident lawyers to pursue rightful compensation through a personal injury lawsuit or other legal proceedings based on the responsible party’s actions.
Although car accidents happen regularly, they can be unexpected, terrifying, painful, and stressful experiences in which it is not immediately clear what happened and how it happened. If you’re injured, contact a Los Angeles injury lawyer as soon as possible.
Unfortunately, rideshare and insurance providers may look to take advantage of these situations by pushing low-ball settlement offers for pennies on the dollar. Anyone involved in a rideshare or other car accident should seek the advice of an Uber accident lawyer in Los Angeles before accepting any deal.
Anyone injured in a rideshare accident has the right to seek compensation from those responsible, whether it is an Uber driver, a rideshare company, another motorist, or a defective car manufacturer. Typically, you need to be able to prove legal liability to obtain that compensation.
Passengers are also protected and can make a claim against the responsible party. The responsible party can be anyone responsible for causing the accident. Negligence is a legal theory often used in car accident cases to prove liability.
Drivers are required to operate their vehicles in a reasonably safe manner, including by obeying traffic signs and complying with the laws of the road.
They are also expected to refrain from dangerous behavior like:
An Uber driver who fails to meet this responsibility is likely to be found negligent and liable for any vehicle accidents that result.
Although Uber drivers are generally not considered the company's employees in California, Uber may be legally responsible for negligence by rideshare drivers in certain situations.
Similarly, car manufacturers have a legal responsibility to make vehicles that are safe for their intended use. These companies are also required to warn owners and lessors about safety defects and other risks.
Uber passengers involved in an accident may experience substantial physical and emotional damage after the incident, especially in accidents caused by distracted driving, risky driving, poor road conditions, or driver fatigue.
Accidents are stressful, traumatizing events, and it's imperative to seek medical help immediately after an accident to document injuries and medical bills that may later be part of a personal injury claim.
Understanding who is responsible for the accident (whether an Uber driver, an uninsured motorist, or another responsible party) will help you better determine your path to financial recovery.
If an accident occurs while you're using Uber’s services during an active ride, be sure to reach out to an Uber lawyer in Los Angeles who can assist you with insurance company issues, insurance coverage disputes, and legal proceedings.
An Uber accident lawyer at BANA LAW can help you fully understand your rights after a motor vehicle accident that has caused you to have to deal with expensive medical bills.
Our firm can also investigate the collision to determine who is at fault, analyze police reports and witness statements, explore legal liability, and build the strongest possible legal strategy for rightful compensation through a personal injury lawsuit.
To reduce accidents and protect riders' safety, Uber imposes several requirements on drivers. Drivers must:
The company also reserves the right to deactivate drivers based on negative passenger feedback.
While most Uber drivers report positive experiences, many complex legal issues can arise after an accident. While Uber offers a flexible stream of income, expenses can mount quickly if you're involved in an accident.
Understanding your role, rights, and responsibilities after the accident is crucial to minimizing your liability risk.
There are four main categories of ridesharing accidents, and the type of Uber accident you're involved in will determine your ability to recover a wide range of damages for your losses. These accidents include:
In the last scenario, it's important to note that drivers can be held liable for negligence if they were engaging with the ridesharing app instead of paying attention to the road.
Given what we know about ridesharing apps and how they operate, would a driver be held liable for an accident, or would the ridesharing company have to foot the bill? Your Uber accident lawyer will examine the evidence surrounding your accident and help you target all the liable parties.
Who is at fault for an accident is not always clear-cut. Blame doesn't always fall squarely on a single person, and in many cases, one or more parties can be at fault when an accident occurs.
After an Uber accident, law enforcement professionals will evaluate the incident and assist with assigning fault to the appropriate parties. If you're an Uber driver involved in an accident, be sure to call the police immediately to sort out the facts. File a police report immediately, and take pictures of the damage.
If you're a passenger involved in an Uber accident, make sure you treat your injuries immediately and do not hesitate to reach out to an attorney who can guide you through the recovery process for any costs incurred.
Uber drivers are independent contractors who must maintain their own auto insurance.
When the Uber app is off, only the driver’s personal insurance applies. When the app is on but the driver is waiting for a ride (Period 1), California law requires Uber to provide contingent liability coverage, which applies only if the driver’s insurer does not.
Once the driver accepts a ride or has a passenger (Periods 2 and 3), Uber’s $1 million liability policy becomes the primary coverage. The at-fault driver remains legally responsible for the accident, but insurance coverage depends entirely on the driver’s status in the Uber app.
Despite the benefits, there are also some risks associated with ridesharing. You should fully understand these risks before hailing a rideshare and consult an Uber accident lawyer if you are injured in a crash.
The companies do not put a cap on how much time drivers can spend behind the wheel in a given day or week. That raises the risk that fatigued or distracted drivers will push their own personal limits, increasing the risk of an accident.
Uber has largely resisted nationwide fingerprinting for drivers, a step that advocates say would allow for more in-depth driver background checks. That includes checking criminal and driving records not only in California, but across the country.
Drivers in California and elsewhere have been accused of sexually assaulting and even raping passengers, prompting calls for stronger reviews of potential drivers before they are allowed to start operating on the app. That is not to mention accusations of theft and other crimes against passengers.
These accusations continue to raise complex questions about rideshare companies' responsibility for vetting and monitoring drivers, as well as for what happens when drivers cause accidents or commit crimes.
While much of the focus in rideshare accidents is deservedly on the people in the cars involved in a collision, these crashes can also put pedestrians and bicyclists at risk. Pedestrian and bicycle accidents often come with catastrophic and even fatal injuries.
Rideshare operators pose a particular risk to pedestrians and bikers due to the potential for distractions behind the wheel. So much of the job requires interacting with the Uber app to communicate with passengers and ensure that drivers minimize the time between drop-offs and pickups.
That can take the focus off the road, making it more difficult to remain aware of people on two feet or a pair of wheels.
A pedestrian or bicyclist injured in a collision with an Uber has the right to seek compensation from those responsible for the crash. The negligence standard is the same as that for multi-car crashes, but the unique factual circumstances may require additional investigation into the cause of the accident.
An Uber accident lawyer at BANA LAW can help you get back on your feet after an accident with the compensation that you deserve. In the tragic event that a person dies in a crash, our Los Angeles wrongful death lawyers can help make sure that those responsible are held fully accountable for their actions.
Many insurance companies require the timely notice of an accident to pay claims. You should talk to a qualified accident attorney before speaking with any insurance company.
Once you retain an Uber car accident lawyer, the insurance company can't contact you, and all communications will go through your attorney. This is crucial because an experienced Uber accident attorney will present your case to the appropriate insurance company in a manner to maximize your recovery.
You will be required to make a statement to your own insurance company if your vehicle was involved in the crash. An experienced Los Angeles Uber accident lawyer will guide you as to how you should present your claim and speak to the adjuster to ensure you will not be held responsible or make an incorrect statement.
Uber accidents can cause substantial physical and emotional pain and result in significant expenses to manage your injuries and repair your vehicle. Uber drivers and passengers alike may be able to receive compensation for their injuries and economic losses.
Uber drivers, for example, may be entitled to lost wages if they are unable to work due to substantial physical or vehicular damage. Drivers may additionally receive compensation to cover the cost of repairs to their vehicles and their medical expenses.
Uber passengers who experience physical or emotional trauma may also be entitled to compensation for medical expenses and lost wages, should their injuries prevent them from returning to work safely. Whether you're an Uber driver or passenger, your attorney can guide you through the recovery process.
Uber has insurance policies to protect their drivers and riders. Drivers are covered if they are not at fault and either waiting for a ride request, en route to pick up a rider, or during trips.
A rider is covered, regardless of who is at fault, as long as they are in an Uber and on an Uber trip.
If you are a passenger in a rideshare accident, your actionable steps should mirror those you would take after a typical car accident.
After calling emergency services and ensuring your health is intact, call California law enforcement immediately so they can begin gathering crucial evidence of the accident. The rideshare company will have a record of your driver's pertinent information and the location where the accident occurred.
You will also need to ensure that you've gathered the driver's insurance information, because that will be the first option for the driver when attempting to settle any claims.
Also, make sure you obtain their full name, license number, and license plate number for your records. An Uber accident lawyer in Los Angeles can help.
After an accident, you'll want to work with a team of Uber accident lawyers in Los Angeles who have substantial experience facing legal claims against Uber. We have over 100 years of combined experience, so choose BANA LAW to help with your claim.
Our California offices routinely handle Uber accident lawsuits, working alongside our clients to file paperwork, deal with law enforcement agencies and insurance companies, and secure your rights under the law.
If you've been involved in an Uber accident, contact an Uber accident lawyer at our firm immediately to secure guidance, assistance, and advice throughout the recovery process.
We offer free consultations for anyone who's been injured in a rideshare accident, so don't wait to give us a call and get legal help now.
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