Modesto Uber and Lyft Accident Lawyer

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Uber is a rideshare program that operates in thousands of cities and provides not only rides but delivers packages and food and even transports freight. In 2021, Uber operated 71 percent of the market share in rideshare programs. Lyft is another rideshare program, along with others. However, hiring a driver isn’t always as safe as you might imagine. In their 2019 safety report, the number of fatal motor vehicle collisions Uber drivers were involved in was only a bit less than half that of the national rate. 

Can I Sue Uber or Lyft if I’m Injured in an Accident?

Absolutely. However, the injury you suffered and the situation may dictate whether you can sue the company, just the driver, or both. Your Modesto Uber accident lawyer can review your case and advise you about what options are available for you to recover compensation.

I Was Injured in an Uber Accident. Is It Worthwhile to Place a Claim for Compensation?

If you are riding in an Uber as a passenger, the company itself carries an insurance policy of $1 million to cover injuries and/or fatalities. However, the drivers for Uber are not employees but are considered independent contractors, which is how the company avoids liability itself. Companies typically cannot be held responsible for accidents, injuries, or fatalities. If someone is injured in an accident while riding in an Uber, the driver would usually be liable. 

What Insurance Coverage Do Uber Drivers Carry?

Drivers are covered by their own personal auto insurance. Uber provides additional auto insurance coverage for when the driver is on the clock. In some accidents, traumatic brain injuries, spinal cord damage, and other severe conditions can require extensive treatment or a permanent disability. The company provides the following insurance. Liability insurance coverage for third parties that aren’t covered by the driver’s personal plan includes:

  • $50,000 for each person’s bodily injury 
  • $100,000 bodily injury coverage for each accident
  • $25,000 in property damage coverage
When Is a Rideshare Company Liable for an Accident Injury?

Some situations in which a rideshare company such as Uber or Lyft can be held financially responsible for injuries. However, using an Uber and Lyft accident lawyer to handle your claim can be a good idea because it can be complicated. How the driver has used the app makes a difference. Uber has gone to great lengths to avoid the court’s ability to use “Respondeat Superior” to avoid liability. Respondeat Superior is the legal doctrine that holds principals or employers legally responsible for the actions of their agents or employees. Uber has avoided responsibility by hiring its drivers as independent contractors. Auto liability insurance coverage provided by Uber includes insurance coverage providing the following applies:

  • If the passenger has used the app service for transportation and gets injured in a crash, Uber’s insurance kicks in.
  • The driver is covered if they are using the app and waiting for someone to request a ride or become involved in an accident, and their own insurance doesn’t apply.
  • If the driver is picking up or dropping off a passenger and becomes involved in an injury accident, Uber insurance kicks in to pick up what isn’t covered by the private auto policy.
  • If an injury occurs to a passenger caused by the driver, the company can be held liable directly.
Evidence to Support Your Uber Accident Injury Claim

As in all traffic collisions, any claim must be backed up by evidence, and you can help if you become injured. This is particularly true for Uber accidents, where multiple insurance companies and their attorneys may be involved. To protect yourself, you should do the following:

  • Call law enforcement to report your accident, and obtain a copy of the police report to support your claim.
  • Even if you suffered only minor injuries or aren’t sure if you might be injured, seek medical attention. Delays in seeking medical care can cause problems if you place an injury claim later.
  • If you can, photograph the accident scene as well as your injuries.
  • Call an Contact a Modesto Rideshare Accident Attorney Today to send someone to the scene right away to gather evidence to support your claim.
  • Take a photo of the Uber driver’s insurance card and obtain their information.
  • If your accident injury was caused by an Uber or Lyft driver, ask if they were logged into the app when the collision occurred.

A detailed analysis of Uber accident policies and other information and medical records is frequently necessary when handling injury claims. By investigating and collecting the evidence to prove a claim against the at-fault party, a skilled Uber accident lawyer from Modesto can obtain enough information and facts to support a strong compensation case. Some of how we investigate a case to provide the evidence include:

  • The report filed by the responding police is examined to ensure its accuracy.
  • Traffic surveillance cameras are checked to find out if the collision was captured on film, in which case it can be subpoenaed as support for the client’s claim.
  • Any witnesses to the collision are interviewed for statements that corroborate how the accident occurred.
  • The insurance policies of the driver and rideshare company are carefully examined so that all possible avenues for the client to recover damages are included in the claim.
  • Accident reconstruction is performed, which shows how the Uber accident happened and often proves fault.
Drivers Are Screened, but It Isn’t Foolproof

Drivers working for Uber are screened to ensure that riders will be safe. However, sometimes, serious problems occur anyway because no system is foolproof. Before being hired, a safety screen is conducted, including whether the applicant has any driving violations, drug or alcohol-related offenses, or a history of violent crimes. Checks for criminal or driving history violations are rerun yearly. 

Attorney Ed Smith provides helpful information about how to hire a personal injury lawyer below:

Uber Accident Attorney in Modesto

Getting injured while riding as an Uber or Lyft passenger can be complex when knowing how to obtain the compensation you deserve. However, our Modesto rideshare accident lawyers are here to help. Call us for free and friendly advice at (209) 227-1931 or (800) 404-5400. 

A free consultation can be arranged to discuss your case and let you know how you can obtain compensation with the help of one of our Modesto Uber and Lyft accident lawyers. Your consultation can be arranged either in person or virtually, and, of course, there is no obligation on your part. You are welcome to visit our Verdicts and Settlements page to see how we have assisted others.

Editor's Note: This page has been updated for accuracy and relevancy [cha 8.25.22]

Image by freestocks-photos from Pixabay 

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