Rideshare services have become popular in the San Bernardino area and worldwide. Many people now use an app to call for a ride.
We never hop into an Uber expecting to be injured in an accident, but it can happen anytime. Uber drivers do not receive any special training or qualify for any driver’s license that is different from any other driver.
Additionally, Uber does not inspect or maintain the driver’s vehicle, so you don’t know whether the driver has neglected to maintain and adequately service their vehicle. Worn tires and equipment can easily lead to an accident.
Uber classifies all its drivers as independent contractors to reduce liability for a driver’s negligence or wrongful actions. If you have been injured in an Uber accident, you need a San Bernardino Uber accident attorney with experience successfully handling these cases.
The San Bernardino car accident attorneys at Jacoby & Meyers know how to identify all potentially liable parties to get you the maximum compensation you deserve. We know the tactics used by Uber attorneys to try to deny or devalue your claim and how to overcome them.
Contact us at (909) 245-8920 or visit our contact page now to schedule a free consultation to discuss your case. We will listen to you, answer your questions, and explain your rights. If we represent you, we will fight tirelessly to ensure you get the justice and compensation you deserve.
Types of Compensation in a San Bernardino Uber Accident
The type and amount of compensation you can recover depend mainly on the extent of your injuries. However, some types of compensation you may be entitled to include economic, non-economic, and punitive damages.
Economic damages are those that are easier to quantify and calculate. They include:
- Current and future medical expenses
- Current and future lost wages
- Property damage
- Out-of-pocket expenses necessitated by the accident
Non-economic damages are subjective and more complicated to value. They include:
- Pain and suffering
- Emotional distress
- Loss of limbs or important bodily functions§
- Permanent disabilities
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
- Scarring
While these damages may be harder to put a dollar value on, they can be even more devastating than economic damages. You need an experienced San Bernardino personal injury attorney to ensure all your damages are included and adequately valued.
Punitive damages, or exemplary damages, are rarely granted in California. They are designed to punish the defendant and deter similar behavior in the future.
California Civil Code § 3294 provides for punitive damages when you can show by clear and convincing evidence that the defendant acted with malice, fraud, or oppression.
Statute of Limitations in a San Bernardino Uber Accident
A statute of limitations sets the deadline for filing a claim. The deadline for filing a San Bernardino Uber accident claim is generally two years from the accident date if you are filing a personal injury claim.
However, if you file a wrongful death claim because you lost a loved one in an Uber accident, the two-year deadline begins to run on the date of death, not necessarily on the date of the accident.
Likewise, if you are filing a survival claim after losing a loved one, your deadline is either two years from the date of the accident or six months from the date of death.
There are exceptions to the two-year deadline. You must consult with an experienced San Bernardino personal injury attorney to learn the correct deadline for filing your claim.
Proving an Uber Accident Claim
Proving an Uber accident claim requires proving the existence of four specific elements. They are:
- The defendant owed you a duty of care.
- The defendant breached that duty by negligent, reckless, or intentional actions.
- The defendant’s actions caused your injuries.
- You suffered actual damages from your injuries caused by the defendant’s actions.
These elements can be challenging to prove. You need the help of an experienced San Bernardino Uber accident attorney.
Our attorneys thoroughly investigate each accident to identify possible causes and potentially liable parties. We work efficiently to discover and gather essential evidence to prove your claim.
Some types of evidence we may use to prove your Uber accident claim include:
- The official police report of the accident.
- Medical records of your injuries.
- Eyewitness testimony from those who may have witnessed the accident
- Expert witness testimony and reports from professionals such as accident reconstructionists, physicians, and economists
- The event recorder data (EDR)
- Dashcam video
- Surveillance video
- Photographs or video footage taken at the scene of the accident
- Information about the driver, his driving record, or condition at the scene of the accident
- Evidence of insurance coverage
- Evidence proving in which of the three periods of the Uber ride the accident occurred
These are only some of the possible evidence we may use. Each accident is unique, and our attorneys use the best evidence to support each case.
Insurance Policy Limits in a San Bernardino Uber Accident
Insurance coverage for an Uber accident depends on when the accident happened. Uber designates three different periods for purposes of insurance coverage.
In period one, the driver has logged in to the Uber app but has yet to receive a ride request. During this period, the insurance coverage for an accident is limited to $50,000 per injury, $100,000 total, and $30,000 for property damage.
In period two, the driver received a request and was en route to pick up a passenger. During this period, the insurance coverage is up to $1 million.
In period three, the driver picked up a passenger. Coverage during this period is also up to $1 million.
Period two is the trickiest time because there is no passenger in the vehicle, but the Uber driver says they have received a ride request. The insurance provider may try to deny full coverage, arguing that the driver was still in period one.
You need an experienced and savvy Uber accident attorney to identify and recover the necessary evidence to prove which period applies to your claim.
The Jacoby & Meyers Uber accident attorneys know how to investigate an accident and secure the evidence to build your strongest case.
Contact a San Bernardino Uber Accident Attorney
If you have been injured in a San Bernardino Uber accident, you need an Uber lawyer with a proven track record of success. You need to have Jacoby & Meyers fighting for you.
Our attorneys have been protecting California accident victims for over 50 years and have a history of winning big for our clients. We want to do the same for you.
Contact us at (909) 245-8920 or visit our contact page to schedule a free consultation. We look forward to meeting you and helping you get the compensation you deserve.