San Jose Lyft and Uber Accident Lawyer

Accidents involving Uber or Lyft require distinct legal expertise in order to recover fair and full compensation. At The Law Offices of Daniel Kim in San Jose, our rideshare accident law firm has successfully settled hundreds of personal injury cases for our clients, totaling over $250 million in verdicts and settlements.

If you or a loved one were injured in an Uber or Lyft accident, you and your family deserve justice. Schedule a free consultation with our San Jose personal injury lawyer to ensure you understand your rights and legal options. The no-risk case evaluation is confidential. We also honor a now-win, no-fee guarantee, so you will owe nothing if your case is not won.

Were You Injured in a Lyft or Uber Accident in San Jose, CA?

Daniel Kim and his team of legal professionals will guide you through the whole legal process, from filing a rideshare accident claim to negotiating with the insurance companies for Uber or Lyft to litigating with the tech-giant corporations. Our experience exclusively handling auto accidents has developed into a specialized craft. When dealing with deceptive insurance companies, it’s vital to be prepared for the tactics that may come your way.

At The Law Offices of Daniel Kim, we know how to deal with insurance adjusters and offset their deceptive strategies. Our proven methods have led to our winning 99% success rate and resulted in over $250 million in verdicts and settlements to our deserving clients. As San Jose’s premier car accident lawyer, Daniel Kim has been awarded an AVVO rating of 10.0 and has been recognized by The National Academy of Personal Injury Attorneys for his hard work and dedication to preserving the rights of his clients.

To learn more about our San Jose car accident law firm and how we can help you win your case, schedule a free consultation today. A team member from our staff is available to assist you day or night, including weekends and holidays.

How Can a Lyft or Uber Accident Lawyer Help Me?

Accidents involving an Uber driver or Lyft driver are different from a typical car crash. In a standard car accident, there are usually only two involved parties–the drivers of each vehicle. Conversely, rideshare accidents involve multiple people and entities, like other motorists, the Uber/Lyft driver, passengers who were in the vehicle, and the rideshare companies. It’s particularly important to name everyone involved, as each can be held responsible for damages. However, identifying these parties and proving liability can be challenging.

This is where seeking legal help is exceedingly beneficial. A qualified San Jose Uber accident lawyer has the resources needed to investigate the crash, as well as look into the rideshare driver’s history. For example, if it’s discovered that the driver had a history of moving violations but Uber or Lyft still employed that individual, then the rideshare company could be found guilty of negligence.

It’s also important to note that looking into a rideshare case takes time, so someone attempting to conduct an investigation without an attorney’s help–while seriously injured–can delay the process. This matters because the statute of limitations restricts how long a victim has to file a personal injury claim. Once that deadline has passed, the victim cannot file a claim thereafter. Working with an attorney removes the burden of stressing about meeting deadlines and filing required paperwork in time.

Also, an experienced lawyer knows the true value of a case. Therefore, in addition to reimbursement for vehicle damage and medical bills to treat current injuries, rideshare victims are entitled to other forms of compensation.

Can I Recover Compensation for a Rideshare Accident?

When seeking damages for a rideshare accident, victims can be compensated for economic damages and non-economic damages. If either or both forms of damages can be proven, compensation can be awarded. The purpose is to make victims whole again and as close to their pre-accident state as possible.

Economic damages represent the monetary value of costs that victims have accumulated as a result of the Uber accident or Lyft accident. This typically includes:

• Current medical bills to treat injuries
• Future medical expenses for continued treatment and healing
• Lost wages from missing work
• Loss of future earnings or employment
• Vehicle repairs or replacement
• Other property damage

Compensation also comes in the form of non-economic damages, which are non-monetary losses. This is subject to:

• Pain and suffering
• Emotional distress, like post-traumatic stress (PTSD)
• Loss of enjoyment of life
• Loss of consortium

What Are Common Causes of Rideshare Accidents?

Just like most car accidents, rideshare crashes can occur for multiple reasons, and it’s not always the fault of Uber/Lyft drivers. Ultimately, accidents result from negligent actions; common forms of negligence are illustrated as the following.

Distracted Driving

When attention is not focused on driving and displaced on other activities, like eating, texting, or talking to other passengers.

Fatigued Driving

Operating a vehicle while drowsy is just as dangerous as driving under the influence.

Speeding

Not following speed limits or other traffic laws, like running red lights or stop signs.

Drunk Driving

Drinking and driving or operating a motor vehicle while under the influence of a substance compromises the senses and delays reaction responses.

Recklessness

Can be exhibited by a motorist, a bicyclist, or a pedestrian who is not following the rules of the road or traffic signals.

Although anyone can be guilty of negligent driving, rideshare drivers are often guilty of these common causes. This is due to the nature of the job. For instance, Uber drivers and Lyft drivers are required to utilize their smartphones to connect with other passengers or refer to their GPS maps for directions. As a result, they are not fully engaged in driving or aware of their surroundings.

In addition, rideshare drivers often work odd hours or for extended periods of time, compromising their rest. Lack of sleep will make them less alert and accident-prone. While the reasons will vary in every case, it’s beneficial to consult with an experienced San Jose Lyft and Uber accident lawyer for guidance.

Does Lyft or Uber Compensate for Accidents?

To answer this question, in short, sometimes… Uber and Lyft hire their drivers as contracted drivers, not actual “employees.” Because of this, if a rideshare driver contributes to an accident, then Uber/Lyft may or may not be held liable for damages, as well.

All rideshare drivers must carry their own personal car insurance coverage in the event of an accident taking place. Depending on the accident, the driver’s personal insurance will either be solely utilized or partially utilized in unison with the auto insurance for Uber/Lyft to cover the costs of damages.

Every accident is situational, but if a rideshare is found to be at fault, Uber and Lyft will cover up to $100,000 in bodily injury per accident and $25,000 for property damage. However, like all car accidents, just because you are injured by another party, you are not guaranteed compensation. Liability must be proven.

Is Lyft or Uber Liable For Their Drivers’ Negligence?

Every San Jose rideshare driver is required to carry their own auto insurance. Therefore, if an accident does occur, that driver’s insurance will be applied. However, Uber and Lyft are also required to carry a policy of $1 million in insurance coverage, which can be exercised in the following scenarios:

• If the rideshare app is “on,” the driver is considered to be working. Therefore, liability coverage from both Uber/Lyft and their drivers can be utilized to cover damages.
• For accidents that take place while the Uber driver or Lyft driver is transporting a passenger, the rideshare company’s commercial coverage will also be applied.

Because California is an at-fault state, all involved parties who contributed to the accident will be liable for damages. In CA, comparative negligence laws will hold a percentage of fault on Uber or Lyft, their drivers, and anyone else who caused the accident.

What Should I Do As a Passenger in a Rideshare Accident?

To reiterate, rideshare accidents are not like typical car accidents. Therefore, a unique set of actions will need to be taken if you are involved in a crash with Uber or Lyft, either as a rideshare passenger or another motorist.

1. Ensure Safety – Dial 911 for help. However, before doing so, make sure you are not in the middle of traffic and move to the side of the road. This will help prevent another car accident from occurring.
2. Get a Police Report – When the authorities arrive, provide the details of what happened. State just the facts; do not speculate or say anything that would make you appear negligent in the matter. If the police report is not available on the day of the accident, collect it at a later time, but make sure you do get a copy, as it will help your case.
3. Gather Evidence – Before leaving the scene of the accident, collect evidence. Get statements from bystanders who witnessed the accident, take pictures and videos of the wreckage, and begin documenting your injuries by journaling and photographing them. Also, confirm that you have the Uber or Lyft driver’s correct name, contact information, insurance information, and vehicle information.
4. See a Doctor – When you initially call 911, you can request medical presence if your injuries appear to be severe. Otherwise, see a physician after wrapping up at the accident scene, but ensure you do this as soon as possible. Failing to receive medical treatment can negatively affect your Uber/Lyft accident claim, and more importantly, it can compromise your health.
5. Report the Accident – Notify your personal insurance provider and Uber or Lyft that you were involved in a rideshare accident with one of their drivers. Like the police report, just state the facts, but do not overshare. The purpose of this step is to begin a timeline that supports your case when you file your personal injury claim with the liable party’s insurance company.
6. Do Not Speak With the Other Party’s Insurance – Speaking with the other party’s insurance can significantly affect your case for the worst, and it could even make it appear that you were liable for the accident. Insurance adjusters are skilled in getting victims to settle for less than what is deserved. Therefore, do not make any verbal agreements with them, and definitely do not sign anything until you have consulted with an attorney.
7. Consult With a Rideshare Accident Lawyer – Before hiring an attorney or deciding to represent yourself, consider consulting with an experienced Uber and Lyft accident lawyer in San Jose. A qualified lawyer will provide options on how to approach your car accident case, identify liable parties, and ensure your rights are protected so that you are not taken advantage of by these large corporations.

If you still have concerns about what precautions to take after a crash, contact our law firm. At The Law Offices of Daniel Kim, we offer a 100% free consultation with no commitment to work with us. To learn more, schedule your case evaluation here.

Lyft and Uber Rideshare Accident Statistics

It is estimated that there are approximately 90+ million Uber riders and 3.5 million Uber drivers worldwide, with 25% of Americans using the rideshare services at least once a month. In relation, Lyft has almost 20 million active riders. In addition, Business Insider ranked San Jose as one of the top US cities for Uber drivers and Lyft drivers to earn the most income. What this ultimately translates to is that there are more vehicles on the roads, leaving room open for more accidents to take place.

According to a study conducted by the University of Chicago and Rice University, there has been a 2%-3% increase in traffic-related fatalities nationwide in recent years. That equated to almost 38,000 deaths involving motor vehicle passengers, pedestrians, bicyclists, and motorcyclists. In addition, with accident figures collected from the National Highway Traffic Safety Administration (NHTSA), researchers have found that when ridesharing was launched in a city there was an increase in fatal accidents, gas consumption, miles traveled, and the time spent in traffic. This drew the conclusion that there is a direct correlation between an increase in rideshare drivers and an increase in car accidents.

Dangerous Roads and Intersections

Like most major cities near the Bay Area and throughout the rest of California, there are some roads in San Jose that pose more of a threat than the roadways that are less inhibited by Uber drivers and Lyft drivers. Some of the most hazardous highways and intersections in the city include the following:

• US Route 101/ US Highway 101
• I-280 (Interstate 280)
• Mclaughlin Ave. and Story Rd.
• Almaden Expressway and Blossom Hill Rd.
• Quimby Rd. and Tully Rd.
• Capitol Expressway and Senter Rd.
• King Rd. and Tully Rd.

Contact Our Lyft and Uber Accident Lawyer in San Jose, CA

If you are a victim of a rideshare accident, you deserve to be compensated for your injuries and trauma. As one of the top San Jose Lyft and Uber accident lawyers, Daniel Kim provides clients with strong and reliable legal representation. With a 99% success rate, our law firm is confident that we can recover maximum compensation for the car accident cases we take on. To learn more about our services and how we plan to help you win your Uber accident/Lyft accident case, connect with our San Jose office today. We offer a no-risk, free consultation to get started.

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Directions to Our San Jose Office

Car Accident Lawyer Daniel Kim — San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681