Maison Law represents victims of Uber Eats driver accidents in California. If you or a loved one has been injured in an accident with an Uber Eats driver, our team of experienced accident attorneys can help you recover damages for medical bills, missed work, and mental trauma. For expert legal counsel against major corporations, contact the skilled attorneys at Maison Law for the best chance at maximizing your compensation.
Submitting an Insurance Claim to Uber Eats
While an accident with an Uber Eats driver may seem like any other accident, there are a few distinct differences. According to Uber Eats, they maintain a $1 million liability insurance policy for their drivers. Anyone looking to file an insurance claim with Uber can do so here. According to Uber, their insurance coverage depends upon whether the driver was:
- Offline
- Online
- En route
- On-trip
- Operating solely on their own insurance policy
So, if an accident resulted from their vehicle being parked in the bike lane, then the driver’s Uber work app must reflect that they were parking there for work when the accident occurred. If the driver parked there while not performing a work-related activity, then you would most likely need to file a claim against the driver’s personal injury policy. Regardless of which insurance policy you can pursue for damages, it is recommended to consult with an experienced Personal Injury Attorney to understand the best legal path forward.
Do I Need a Lawyer for an Uber Eats Bicycle Accident in California?
If you are involved in an accident due to an Uber Eats vehicle parking in the bicycle lane, it is advisable to seek the counsel of a Personal Injury Lawyer. You should contact an attorney after a bicycle accident if:
- There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. An attorney can ensure both.
- Wrongful death: If a loved one has passed away due to the accident you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the accident, but are not at fault, an attorney can protect and assign liability to the at-fault parties. Also, an attorney can reduce liability if you are liable to some extent.
- Multiple parties involved: Multiple parties make cases complex. An attorney can manage your case while protecting your best interests and right to compensation from all liable parties.
- False police report: If a police report places blame on you, and you disagree, an attorney will gather evidence to support your claim.
One of the initial steps of recovering damages from your accident will be to prove the Uber Eats driver breached their duty of care, which caused you to suffer injuries. An experienced attorney can help you prove this by conducting a formal investigation to collect evidence. This evidence may include:
- Police accident reports
- Taking witness statements
- Retrieving traffic footage
- Collecting camera footage from surrounding businesses or neighborhoods where the accident occurred
Bike Lane Laws in California
Motorists are only permitted to drive on the bike lane in the following scenarios:
- To enter or leave the road
- Preparing for a turn at an intersection
- To park
California Vehicle Code 21209 does not allow motorized bicycles in the bike lane, however, when they are in the bike lane, they’re required to drive at a safe speed. The statute goes on to say:
“(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection.
(b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.”
Penalties for Violation of Bike Lane Laws
A violation of California Vehicle Code 21209 can result in a standard fine of $238 per violation. Each violation is worth one point on your DMV record. The DMV will track your points for up to three years, and if you receive too many points for violations, you could have your license suspended.
According to the DMV, your driver’s license can be suspended for six months if you accumulate:
- 4 points within 1 year.
- 6 points within 2 years.
- 8 points within 3 years.
For these penalties to be decided, you will have to attend a California DMV hearing. In addition to dealing with the DMV, any accumulated points will also be reported to your insurance carrier, which can potentially increase your premiums. So, while driving in the bike lane can seem like a minor violation, it can create serious obstacles and consequences for drivers unwilling to follow the law.
What To Do If You’re Injured in a Bicycle Accident
Let’s say you’re riding in the bike lane one day. You come around a curve to see an Uber Eats driver parked in the bike lane. You swerve to avoid it, but a car passing by in the lane next to you collides with your bike, sending you skidding across the cement. What should you do?
- Protect yourself: Get out of harm’s way by getting off the road in case more cars are coming. Check yourself for injuries.
- Document the incident: Take photos or film the aftermath of the accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Get information: Photograph the license of the person who caused your accident if you can. Get the Uber Eats driver’s contact information. All of this information will help support your accident claim and assist your attorney if you decide to take legal action.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
How are Injuries Calculated in an Uber Eats Bicycle Accident Settlement in California?
There are several factors used to calculate a bicycle accident settlement. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement. However, those factors will all be decided by the severity of your injuries. When assessing the severity of injuries sustained from a car accident, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery, such as strains, sprains, and contusions.
Contact an Uber Eats Bicycle Accident Lawyer in California
If you’ve suffered injuries from an accident with an Uber Eats driver, the attorneys at Maison Law can help you get the compensation you need. Our firm has years of experience taking on major corporations like Uber Eats, and we will aggressively pursue fair compensation on your behalf. If you incurred damages as a result of another person’s careless act, then we will hold them responsible to the full extent of the law.
Contact Maison Law today for a no-cost, no-obligation consultation.
