Maison Law helps Uber accident victims in Santa Barbara. Our car accident lawyers will be there to support your potential claim and explain your legal options. If you or someone you care about has been in one of these accidents, don’t wait. Contact us today to set up a free, no-obligation consultation to learn more.
Do You Need a Lawyer?
For all intents and purposes, an Uber accident is just a car accident. Legally, this means you have the same options as you would in any other type of car accident. With that said, whether or not you need a lawyer depends on your circumstances. If you’re only slightly injured, you probably don’t need to worry about taking legal action.
But, given that an Uber accident has the same possibility of serious injuries as any other car accident, our team can be a huge help. Here’s how we approach these cases:
- Explaining your options – One of the first things we can do for you is answer any questions you might have about your legal rights and options. In our free initial consultation with you, we’ll explain the process.
- Investigating what happened – If you decide to move forward with a claim, we’ll investigate what happened. We carefully analyze your case, examine the evidence, and determine exactly who is at fault.
- Evaluating your damages – We have the resources to properly evaluate your accident claim to make sure you have an accurate picture of your damages. This can help you maximize the overall value of your case.
- Making it easier – Our goal is to make the entire process as easy as possible for you. Whether it involves filing an insurance claim, negotiating with the insurance company, or dealing with legal proceedings and defense lawyers, we’re here to assist you every step of the way.
While they’re legally the same as any other car accident, an Uber accident is quite a bit different in real-world terms. Thus, the more experience and help you have on your side, the easier things will be. First and foremost, though, you’re going to need to figure out who’s responsible for the accident itself.
Who’s Responsible For an Uber Accident?
Figuring out who’s responsible in an Uber accident isn’t always straightforward. The big difference between a regular car accident and an Uber accident is that, in all likelihood, you’ll be a passenger. As such, you won’t have any control over the vehicle or the accident itself. That said, liability is going to depend on the circumstances. So, looking at the underlying cause is going to narrow down who’s responsible–or liable for your injuries:
- Distractions and fatigue
- Reckless driving
- Crowded locations
- Faulty parts or vehicles
- Malfunctioning street lights or signs
- Driving under the influence
- Low visibility
With these causes, we have what is known as “negligence.” So, in the vast majority of Uber accidents, the following people will be responsible:
- The Uber driver
- Another driver that’s involved
- The city or state government
- Vehicle manufacturers
A key thing to keep in mind in an Uber accident is how the driver is classified. Normally, they’re considered an “independent contractor”, meaning their personal car insurance coverage will be in effect. However, if they’re logged into the Uber app and in service at the time of the accident, there’s additional coverage available from Uber itself. Regardless, as an injury victim, you’re going to have injuries and other damages to deal with.
What Are Your Damages?
In any car accident, the damages can be extensive, and California courts consider this when assessing your damages. The catch is that you have to file an injury claim to recover these damages, and it’s up to you to show the extent of them. You file your injury claim either through:
- An Insurance claim
- A personal injury lawsuit
Both processes are very similar. However, the insurance process is much less formal, happening outside of court. It gives you quicker access to a settlement, but it usually doesn’t cover all your injuries and other losses. A lawsuit, inside the court system, takes more time and effort, but gives you a better chance and getting fuller damages. This varies from case to case, but usually the following are available:
- Medical expenses – These cover all medical costs stemming from the accident, including doctor visits, medications, and hospital stays.
- Ongoing care – If your injuries require long-term treatment or therapy, these costs are included.
- Lost wages – This category accounts for any income lost during recovery and any future earnings affected by your permanent injuries.
- Pain and suffering – These damages cover the physical pain and emotional distress caused by the accident.
- Emotional distress – Like pain and suffering, this category of damages cover the psychological effects resulting from the accident, like anxiety or PTSD.
- Wrongful death expenses – If your injuries are fatal, your surviving family members can file a claim to recover things like funeral and burial expenses, and loss of companionship.
Whether you’re a driver or passenger, being injured in an accident involving an Uber vehicle is undesirable. However, given their frequency, the likelihood of such an accident is real. In such situations, having expertise and knowledge on your side is crucial to getting the support and benefits you need to recover. But this also means responding in the right way.
How Can You Protect an Uber Claim?
It’s up to you to show the extent of your damages. More to the point, though, the legal process means dealing with an insurance company in one way or the other. Generally speaking, they’ll do anything they can to reduce the value of your claim–and what they have to pay you. That means it’s very important to do what you can to protect your claim. Here’s what you need to do:
- Check for injuries – Immediately check for injuries and call 911 if you’re hurt. This should dispatch an ambulance. When the EMTs arrive, get care from them.
- Contact police and Uber – Report the accident to police so they can respond and clear the scene. They’ll gather information. Also, it’s vital to report the accident to Uber. They should provide you with all the other details you need.
- Gather information – Get names, contact details, and insurance information from all involved parties, including your driver. Also, get contact information from any witnesses.
- Document the scene – Take photos or videos of the accident scene, showing damage, road conditions, and injuries.
- Be cautious with statements – Avoid discussing the incident with insurance representatives without consulting us first. Also, don’t post about it on social media.
Obviously, every accident is different. However, these steps apply across virtually any Uber accident. Remember, your health and safety should take top priority. Once you’re able to take care of those things, you can lean on our experience and help.
Free Consultations with Experienced Santa Barbara Uber Accident Lawyers
At Maison Law, we understand how difficult Uber accidents can be, especially when you’re hurt. You don’t have to face this situation alone, though. Our team of Santa Barbara Uber accident lawyers will make sure you receive the financial and legal support you need to make a recovery. Contact us today for a free consultation.
