Ridesharing services like Uber and Lyft continue to increase in popularity, but this growth is leading to more accidents that often result from the negligence of one or more parties. In the event of a ridesharing accident, you may be able to recover compensation for injuries and other damages resulting from the accident.
The experienced San Jose ridesharing accident lawyers at Galine, Frye, Fitting & Frangos may help you get full compensation for an accident involving Uber, Lyft, or another ridesharing service.
OUR RIDESHARE ACCIDENT LAW FIRM IN SAN JOSE
If you or a loved one sustained injuries and other damages in a ridesharing accident in San Jose, our San Jose car accident lawyers at Galine, Frye, Fitting & Frangos is here to help seek compensation if another party’s negligence or other improper conduct was the cause. We work closely with our clients to maximize the compensation they can recover based on the damages involved.
We represent clients in San Jose and other San Francisco Bay Area cities. We’ve handled a wide variety of cases involving all types of vehicle accidents, including ridesharing accidents. We work to hold all liable parties accountable and calculate the total amount of compensation our clients deserve.
If you would like to seek compensation for a San Jose ridesharing accident, consult with our attorneys to discuss a potential case.
TYPES OF RECOVERABLE COMPENSATION FOR SAN JOSE RIDESHARING ACCIDENTS
Like other types of car accidents, ridesharing accidents may involve various types of damages for which victims can receive compensation.
Suppose a negligent or malicious party caused an accident involving Uber, Lyft, or other similar services. In that case, victims might be able to recover economic, non-economic, or punitive damages, depending on the circumstances of the case. Knowing the different types of compensation involved in these cases may help you determine what you can recover following a ridesharing accident.
Economic damages are relatively easy to quantify because they have specific amounts of money attached.
Some examples of economic damages in ridesharing accidents may include:
- Medical expenses
- Lost wages during recovery or due to disability
- Lost earning capacity because of disability
- Property damage
- Rehabilitation and physical therapy
- Ongoing care
- Modifications to the home to accommodate disabilities
Meanwhile, you may also qualify for compensation that covers non-economic damages. These damages are more challenging to recover compensation for because they are more personal to victims and don’t come with a set dollar amount. However, there are ways for the courts and attorneys to calculate non-economic damages in addition to economic damages.
Examples of non-economic damages include:
- Physical or psychological distress
- Loss of consortium or companionship
- Post-traumatic stress
In some cases, the court may also award punitive damages. Unlike economic and non-economic damages, punitive damages aim to punish defendants in accident cases, gross negligence, or maliciousness. The goal is to prevent the same party or others from practicing the same level of improper conduct with the hope that similar accidents won’t occur in the future.
TYPES OF RIDESHARING ACCIDENTS IN SAN JOSE
Depending on the circumstances, there are different types of accidents that may occur involving ridesharing services in different capacities. The following are a few of the main types of ridesharing accidents that could lead to injuries and fatalities:
YOU’RE IN A VEHICLE ACCIDENT AS A PASSENGER
Many ridesharing accidents in San Jose may involve rideshare drivers who get into an accident while carrying one or more passengers. If you’re a passenger in a rideshare vehicle and your driver gets into an accident, you may be able to recover compensation.
Often, the rideshare company may cover the damages resulting from an accident involving a driver and passenger. For example, a rideshare firm may compensate drivers when they collide with objects such as fire hydrants. To ensure that the firm covers the resulting damages, it’s important for injury victims and drivers to report the accident as soon as possible to the firm.
On the other hand, victims may need to file a claim or lawsuit against the negligent driver if an accident involves another driver’s negligence.
YOU COLLIDE WITH ANOTHER RIDESHARE VEHICLE AS A DRIVER
In other types of ridesharing accidents in San Jose, drivers of other vehicles may get into an accident with a rideshare driver operating another vehicle. In these instances, it may be possible to file a claim or lawsuit against the other driver.
In many cases, the rideshare firm may compensate victims for the damages in these collisions if the rideshare driver was working within the scope of their employment at the time of the accident. For example, the driver may have been in the process of picking up or driving a passenger. However, if the rideshare driver was driving while logged out of the rideshare app and performing tasks outside of their scope of employment, you may need to file a claim against the driver’s insurance carrier.
Suppose you believe a rideshare driver was at fault for an accident involving you as a driver. In that case, you may want to consult with a rideshare accident lawyer to discuss a potential case. An attorney can help determine if a rideshare driver is liable and assist with seeking compensation.
YOU GET INTO AN ACCIDENT WITH A RIDESHARE DRIVER AS A PEDESTRIAN
A rideshare driver may also hit pedestrians or cyclists. Victims in these cases often suffer more serious injuries and have the ability to seek compensation from the driver or rideshare firm.
The way these cases would work would be similar to an accident involving a rideshare driver who collides with another driver. An attorney may help you determine whether the other driver was at fault or if other parties were responsible.
DIFFERENT TYPES OF INJURIES IN RIDESHARING ACCIDENTS
Victims in ridesharing accidents in San Jose may suffer a variety of injuries. Specific injuries involved in rideshare and other vehicle accidents include:
- Back injuries
- Fractures and broken bones
- Traumatic brain injuries (TBIs)
- Internal injuries
- Spinal cord injuries and paralysis
- Whiplash and other neck injuries
- Shoulder injuries
- Foot and ankle injuries
- Lacerations and cuts
WHAT TO DO AFTER A RIDESHARING ACCIDENT
If you get in a ridesharing accident, there are some steps to take to make a recovery and strengthen your case when seeking compensation. Specifically, you should do the following:
SEEK MEDICAL ATTENTION
Like any other type of vehicle accident, the first step you should take is to seek medical care. Even if your injuries appear minor, whiplash and other injuries could develop symptoms and worsen over time.
By seeking medical attention soon after an accident, you can receive a formal diagnosis and get started on the recovery process. Doing so will also produce medical records that can prove the severity of your injuries and support your claim or lawsuit.
Once your doctor has recommended a care plan and prescribed medication or other treatment, it’s important to follow the doctor’s instructions. Otherwise, failure to adhere to your treatment plan may compromise your case as rideshare companies and insurance companies refute your claim.
REPORT THE ACCIDENT TO INSURERS AND RIDESHARE COMPANIES
After seeking medical treatment, the next step is to report the accident as soon as you can to the rideshare driver’s company and your insurance company. When giving your report, be as honest as you can about the details of the accident. Disclose the facts based on what you can remember about the accident and the events leading up to it.
Keep in mind that rideshare accidents, like any other type of accident, have a statute of limitations that limits the amount of time you have to report your accident and file a claim. In California, the statute of limitations is two years from the injury or one year from the date when you discovered your injury.
OBTAIN A COPY OF THE CRASH REPORT
If possible, report the accident to law enforcement immediately after the accident, but others involved in the accident may complete this step. Once the police have officially filed a report, get a copy of the report. This report may further support your claim and your version of events, which can help secure a successful case.
COLLECT AMPLE EVIDENCE TO BUILD YOUR CASE
To succeed with a ridesharing accident case in San Jose, you must have sufficient evidence that supports your claim. To strengthen your case, you’ll want to gather:
- Photographs or video footage of the scene of the accident, your injuries, and property damage
- Medical bills and records proving the extent of your injuries
- Receipts for other expenses related to the accident
- Correspondence with insurance companies
A ridesharing accident attorney may be able to help you collect all of the evidence you need to prove liability and your injuries.
SPEAK WITH AN ATTORNEY
While you may want to file your claim with an insurance company or the rideshare company involved in your case, you should consult an attorney beforehand. Insurance adjusters may appear to be on your side, but the fact is that they’re working in the best interest of the insurer. Because of this, they’ll try to minimize the amount you receive in your settlement or find any reason they can to deny your claim.
An attorney with experience in these particular cases can help negotiate with insurance companies and handle communications. Never settle for the first offer from an insurance company, as you may be eligible to recover more compensation.
Instead, talk with a San Jose rideshare accident lawyer to determine what options are available to you. The attorney may also be able to represent you in a rideshare accident case as you attempt to recover compensation for injuries and other damages.
SAN JOSE RIDESHARING ACCIDENT FAQS
If you have additional questions about ridesharing accidents in San Jose and want clear answers, the following are some frequently asked questions and answers to them.
IS IT POSSIBLE TO SUE A RIDESHARE DRIVER FOR INJURIES IN AN ACCIDENT?
You may seek compensation from rideshare drivers and their insurance companies if you are involved in an accident with them. Whether you’re another driver or a pedestrian, you may be able to recover compensation from drivers directly if they weren’t actively working for the rideshare company at the time of the accident.
DO RIDESHARE DRIVERS NEED INSURANCE?
Companies like Lyft and Uber require their drivers to carry insurance with a set minimum amount of coverage. Rideshare firms also offer their own insurance coverage to drivers that help protect their customers.
ARE RIDESHARE DRIVERS MORE AT RISK OF GETTING INTO ACCIDENTS?
Rideshare drivers owe a duty of care to passengers and others, but distractions while using the rideshare app and driving in new locations could make them more likely to get into a collision.
CONSULT OUR REPUTABLE SAN JOSE RIDESHARING ACCIDENT ATTORNEYS
Ridesharing accidents are often complex and may involve more than one liable party. If you want to increase your chances of succeeding with a case after you or a loved one is involved in a ridesharing accident in San Jose, it may be in your best interest to consult with an experienced San Jose personal injury accident lawyer.