Were you or a loved one injured in an accident with an Uber or a rideshare vehicle in Walnut Creek, CA? You may be entitled to compensation. An experienced Walnut Creek Uber accident lawyer at The Herman Firm can help you fight to win compensation for medical bills, lost wages, and more, so contact us today.
Over the years, our lawyers have recovered millions of dollars in compensation for our injured clients. In fact, we’ve been working to help accident victims get what’s fair since we opened our doors in 2014.
Rideshare accident claims can be complex. Call our law firm in Walnut Creek, California at 925-532-1977, to schedule a free consultation today to get the legal advice you deserve.
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How The Herman Firm Can Help After an Uber Accident in Walnut Creek
Uber accident cases aren’t like ordinary car accident cases. They can be more complicated – especially if your injuries are serious. It can be difficult to prove who’s responsible for paying your damages. When multiple parties are involved, each tends to point the finger at someone else.
That’s where our Walnut Creek car accident lawyers can help. We have nearly ten years of experience fighting for people like you. Since our firm was founded, we’ve been listed as Super Lawyers’ “Rising Stars” and The National Trial Lawyers Top 40 Under 40.
Most importantly, we can help you get the money you need by:
- Conducting a detailed investigation into the crash
- Calculating your case value
- Defending you if you’re blamed for causing the accident
- Consulting respected experts and specialists to strengthen your case
- Handling all negotiations with Uber’s insurance company and defense lawyers
Our lawyers believe in offering each client the personalized attention they deserve. We aren’t afraid to take your case to trial to recover fair compensation if necessary.
We’re always here to help, so call our Walnut Creek car accident attorneys to schedule your free consultation today.
How Common Are Uber Accidents in Walnut Creek, CA?
Data on Uber accidents can be difficult to locate. After all, Uber drivers use their own vehicles for rides. However, one California study found that at least 9,388 insurance claims involving rideshare companies were submitted over a three-year period. Those claims cost roughly $185.6 million.
Another study analyzed the impact of Uber and Lyft on a national level. Since rideshare services were introduced in major cities, fatal accidents have increased by 2-3%.
What Is My Walnut Creek Uber Accident Case Worth?
Most clients want to know how much their personal injury case is worth before taking legal action. It’s an important question. Before we can provide an accurate estimate, we’ll have to review the facts of your case.
However, some of the factors that tend to be relevant in every case include:
- The severity of your injuries
- The cost of your medical treatment
- Your anticipated need for future medical care
- Whether your injury disrupts your work or lessens your quality of life
- Your emotional and physical pain and suffering
The amount of available insurance coverage can also impact the value of your claim. Uber accident claims are different from other car accidents in this respect.
Uber and Lyft drivers are independent contractors. That means Uber and Lyft can’t be legally responsible for Uber and Lyft accidents. Fortunately, California now requires Uber to purchase commercial insurance coverage.
The amount of available coverage, however, depends on the driver’s status at the time of the accident.
Uber App is Open, Driver is Available to Accept Rides
If the Uber app is open so that the driver is available to accept a passenger request, the following policy coverage limits apply:
- $50,000 for bodily injury or death per person
- $100,000 for bodily injury or death per accident
- $30,000 for property damage
This insurance is secondary coverage. That means it only applies if your personal car insurance doesn’t cover all of your damages.
Driver Has Accepted a Ride Request
Once the driver accepts a ride request in the app, a $1 million insurance policy kicks in. The $1 million policy is available until the Uber passenger exits the vehicle and the ride ends in the app. An amount of $1 million in underinsured/uninsured motorist coverage is also available during this period.
Uber App is Off
If the Uber app is closed, the driver’s personal insurance will apply. So, the case is treated like any other auto accident case.
What Types of Damages Are Available to Uber Accident Victims?
After establishing the insurance coverage that applies in your case, your lawyers will still have to prove the specific types of damages that you sustained in the crash.
Like any other car accident victim, you’re entitled to seek compensation for your economic damages and non-economic damages.
Depending on the facts of your case, you may be entitled to compensation for:
- Past and future medical expenses
- Lost wages
- Diminished earning potential
- Physical therapy and rehabilitation
- Property damage
- Any out-of-pocket expenses
Your non-economic damages award may provide compensation for:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Any physical disfigurement or scarring
- Mental health conditions, such as anxiety, depression, and PTSD
- Loss of consortium
Punitive damages are rarely awarded in California. They may be available in shocking cases to punish the at-fault party for intentional wrongdoing or gross negligence. For example, if your accident was caused by a drunk driver, the court may award punitive damages.
Can I Recover Damages If I’m Being Blamed for an Uber Accident in California?
It’s always possible that you could be blamed for causing your injuries. Under California’s pure comparative negligence law, you won’t lose your right to seek damages unless you are 100% responsible.
On the other hand, if you’re found to be partly responsible, you won’t walk away with your full compensation award. Instead, your settlement will be reduced by the percentage of liability that’s attributed to you.
We Will Fight to Recover Compensation for All of Your Uber Accident Injuries
At The Herman Firm, our experienced car accident attorneys often represent clients who have sustained:
- Broken bones
- Nerve injuries
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Seat belt injuries or airbag injuries
- Back injuries
- Organ damage
- Catastrophic injuries
- Wrongful death of a loved one
You may be entitled to compensation whether you were a driver, Uber passenger or simply walking down the street. Our Walnut Creek car accident lawyers will do everything we can to maximize your settlement or verdict. Just call our law offices to schedule your free case review today.
What Causes Most Uber Accidents in Walnut Creek, California?
Bay Area residents and visitors often use Uber as a safer alternative to driving. It’s important to remember that rideshare drivers don’t have specialized training or licensing. Accidents can and do happen for many different reasons.
Some of the most common causes of Uber accidents include:
- Distracted driving
- Stopping in dangerous locations to pick up or drop off passengers
- Unfamiliarity with the area
- Excessive speeds
- Failure to yield the right-of-way
- Tailgating, aggressive driving, or road rage
- Unsafe passing
- Illegal or dangerous turns
- Racing through intersections
- Drunk driving
- Driving under the influence of drugs
- Failure to maintain the vehicle
Like truck drivers, Uber drivers are often in a hurry. When they transport more passengers, they make more money. While Uber drivers aren’t responsible for every crash, they can easily cause an accident when they’re rushing to maximize their daily profits.
How Do I Prove Negligence After an Uber Accident in California?
Multiple parties can be responsible for an Uber accident. To recover damages, you’ll have to prove that someone was negligent. Negligence means that someone failed to exercise reasonable caution to keep others safe.
In legal terms, your lawyer must establish:
- A legal duty of care
- Breach of the duty of care
To do that, your lawyer will gather evidence. Our experienced Walnut Creek Uber accident attorneys will locate video footage, interview witnesses, and obtain data from the Uber app. We might even bring in accident reconstruction specialists to offer insight.
How Long Do I Have to File a Lawsuit After an Uber Accident in California?
State law limits the amount of time you have to take legal action. In California, car crash victims must file a personal injury lawsuit before the two-year statute of limitations expires. Wait too long, and you lose your right to compensation.
Uber’s commercial insurance company may also impose time restrictions. You have to accept the Uber terms and conditions to use their ridesharing service. That means adhering to their deadlines and policies.
It’s never too early to speak with a lawyer. To learn more about your legal rights, call our legal team to schedule a free case evaluation today.
Contact a Walnut Creek Uber Accident Lawyer for a Free Consultation
With an experienced Walnut Creek Uber accident lawyer by your side, you can rest assured that you’re getting the fair compensation you deserve. You can learn more by calling The Herman Firm for a free initial consultation today.