Rideshare services have become popular in the San Bernardino area and worldwide. Many people now use an app to call for a ride.
We do not expect to be injured in an Uber ride, but accidents can occur. Uber drivers do not receive any special training or qualify for any driver’s license that is different from other drivers.
Additionally, Uber does not directly inspect or maintain the driver’s vehicle, so there may be concerns about maintenance. Worn tires and equipment may contribute to an accident.
Uber classifies its drivers as independent contractors, which may affect liability for a driver’s negligence or wrongful actions. If you have been injured in an Uber accident, you may consider consulting a San Bernardino Uber accident attorney with experience handling these cases.
The San Bernardino car accident attorneys at Jacoby & Meyers work to identify potentially liable parties and assist clients in seeking compensation permitted under California law. We are familiar with how these claims are evaluated and the issues that may arise.
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 and available options.
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. 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 still have a significant impact. A San Bernardino personal injury attorney can assist in evaluating and documenting these damages.
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 may consider consulting a San Bernardino personal injury attorney to determine the applicable deadline for your claim.
Proving an Uber Accident Claim
Proving an Uber accident claim requires establishing four specific elements:
- 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 complex to establish. A San Bernardino Uber accident attorney can assist in evaluating your claim.
Our attorneys investigate accidents to identify possible causes and potentially liable parties. We work to gather relevant evidence to support your claim.
Some types of evidence that may be used 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 examples of evidence that may be relevant. Each accident is unique, and the evidence used will depend on the circumstances.
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 not yet received 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 can present disputes because there is no passenger in the vehicle, but the driver may state they had received a ride request. The insurance provider may challenge the applicable coverage period.
An Uber accident attorney can assist in identifying and gathering evidence to determine which period applies to your claim.
The Jacoby & Meyers Uber accident attorneys have experience investigating accidents and compiling evidence relevant to these claims.
Contact a San Bernardino Uber Accident Attorney
If you have been injured in a San Bernardino Uber accident, you may consider consulting an Uber accident attorney.
Our attorneys have been representing California accident victims for over 50 years and have experience handling these types of cases.
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 understand your legal options.