Table of Contents
San Jose Uber and Lyft Accidents
As of January 2016, California’s Department of Finance estimated San Jose had a population of 1,046,079 and growing – making it the third largest California city and the tenth largest in the United States. The most populous city in Northern California with heavy traffic and close access to the rest of the San Francisco Bay Area thanks to its proximity to the 880, 280, 680, and 101 freeways; the heavy commuter population to, from, and in San Jose often chooses to use rideshare companies for work and recreation. Nearly 17 million Uber trips alone are taken daily, so it is no surprise many of those occur in and around the San Jose area – especially with public transportation declining because of ridesharing.
Uber and Lyft have taken some precautions regarding their drivers to try and ensure rider safety including keeping clean driving records and limiting the number of traffic citations and at-fault accidents they may have. However, the screenings are not foolproof and not every driver abides by the rules. As a result, a recent study has concluded ridesharing such as Lyft and Uber are responsible for 1 percent nationwide increase in traffic deaths – a number growing to 1,100 yearly. This number only reflects fatalities, not both major and minor injuries resulting from Uber and Lyft accidents on a daily basis. If you were injured in an Uber or Lyft accident, you may be entitled to compensation and should speak to an experienced San Jose personal injury attorney today.
Reasons for San Jose Uber and Lyft Ridesharing Accidents
Rideshare drivers, like all other motorists, can be at risk of accidents – not only with other motorists, but with pedestrians, public transportation vehicles, bicyclists, and also risk injuring their passengers when they are involved in a collision. There are several risk factors that contribute to San Jose Uber and Lyft accidents, including:
- Tailgating;
- Speeding;
- Unsafe turns;
- Improper lane changes;
- Distracted driving; and
- Driving under the influence of alcohol and drugs.
Though not all Uber and Lyft accidents are the result of driver negligence, many are – and those that are and result in injury should allow for the victims to seek and recover compensation for their injuries or the deaths of their loved ones resulting from such accidents. An experienced San Jose Uber and Lyft accident attorney can help you understand if your traumatic experience may entitle you to compensation.
Recovering for Injuries from a San Francisco Uber or Lyft Accident
Depending on the circumstances of your Uber or Lyft accident, either a driver’s personal insurance policy or the policy of the rideshare company will often step in to cover your claims.
If A Driver was Not on Duty
If the Uber or Lyft driver was not on duty, their personal car insurance – mandated by law – should step in to cover claims.
If a Driver was on Duty but Without a Paying Passenger
In this situation, both Uber and Lyft have insurance policies that apply to cover injuries and property damage in the following amounts:
- $50,000 bodily injury coverage for a person;
- $100,000 total bodily injury coverage for an accident; and
- $25,000 property damage coverage per accident.
If an Accident Happened Between Accepting a Ride Request and Hadn’t Dropped Them Off
In these situations, Uber and Lyft cover the rideshare driver with a $1 million liability policy and underinsured/uninsured motorist policy.
Damages You Pay Recover
San Jose Uber and Lyft injuries are commonly pursued as personal injury claims asserting the theory of negligence. If a victim can prove negligence, the perpetrator will usually be liable for the victim’s injuries or the survivor’s wrongful death damages. Some damages may compensate for medical expenses, funeral expenses, lost wages, pain and suffering, emotional distress, disfigurement, and other injuries suffered. Additionally, if a victim can the show injuring party acted with malice, fraud, or oppression, they may recover punitive damages meant to punish a wrongdoer’s bad conduct.
Experienced San Jose Uber and Lyft attorney can help avoid legal pitfalls, help defeat legal defenses, navigate complex insurance coverage issues, and preserve the health of your claim.
Get Help from a San Jose Uber or Lyft Accident Attorney
If a San Jose Uber or Lyft accident has injured you or loved one, it is important to seek medical attention and document your injuries and the damages you have suffered. However, it is also very important you don’t delay seeking legal advice on how best to protect your case – contact the attorneys at Daneshrad Law PC attorneys to help get your claim off on the right foot and give yourself the best chance to recover for your injuries. Rideshare accident claims can be tricky when factoring in insurance considerations, but San Jose Uber and Lyft attorney Alan Daneshrad has years of experience representing victims like you and securing millions of dollars in damage awards for their injuries. Don’t let yourself be bullied by insurance companies and settle for less than your case is worth.
With the experienced Daneshrad Law attorneys representing you, you can rest easy and recover while we advocate vigorously to give your legal claim the best chance of success. Our attorneys are committed to personal representation and have the knowledge and skills you want from an attorney litigating your San Jose rideshare injuries on your behalf. Call us toll free at (888) 881-3529 to schedule a free initial case consultation today. We will review your case and deliver the best possible outcome for your unfortunate circumstances starting now.
