Carlsbad Uber Accident Lawyer

Did you place your trust in an Uber driver? Have you been seriously hurt in a Carlsbad rideshare accident? Are you still dealing with the physical, financial and emotional harms caused by the accident? If so, you need a reputable Carlsbad Uber accident lawyer to help you understand your options. You need an attorney who is more interested in helping you get your life back on track and less interested in boasting about their accomplishments. You need an attorney from The Levinson Law Group.

At The Levinson Law Group, we have assembled a dedicated team of Carlsbad car accident lawyers who effectively advise clients injured in an Uber accident. We have been handling car accident claims in Southern California for decades and understand what it takes to get even the most recalcitrant insurance companies to provide fair compensation after an accident. To learn more about your options, give The Levinson Law Group a call. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.

Rideshare Accident Statistics:

The Office of Traffic Safety maintains records of all California car accidents. According to the most recent data:

  • In 2018, there were 3,563 fatal California traffic accidents, representing an 8.3 percent decrease from 2017, when there were 3,884 fatal accidents.
  • That same year, approximately 277,160 people were injured in California car accidents

According to a 2018 study conducted by the University of Chicago and Rice University, rideshare companies are responsible for a 2-3 percent increase in the total number of fatal traffic accidents

  • This amounts to as many as 1,100 fatalities per year.

The study also found that Lyft and Uber drivers spend 40 to 60 percent of their time “deadheading,” or driving around without a passenger waiting for a fare.

While all California drivers are required to have insurance, upwards of 13 percent of California motorists are uninsured.

Uber stats:

  • Uber has approximately four million drivers and 75 million riders.
  • Uber is available in 65 countries and over 700 cities across the world.
  • In 2019, Uber averaged 103 million monthly active users. This number more than doubled from 2016, when the company had just 45 million monthly active users.
  • 17 million Uber trips are completed each day.
  • 155 million people downloaded the Uber app in 2018.
  • Uber has completed more than 10 billion rides
  • Over 45 percent of people say that they are “likely” to use a rideshare app for their transportation needs
  • Uber’s market share of the drivers in the United States rideshare market is about 87 percent.
  • Over 22 percent of all Android phones have the Uber app installed on them.

Uber Accidents Are Becoming a Serious Problem in San Diego County

Founded in San Francisco in 2009, Uber is one of two major rideshare companies in the United States, along with Lyft. Users can download an app and hail a car to take them to their destination by pressing a few buttons. The Uber app is easy to use, and offers riders unrivaled convenience, which has led to the company experiencing impressive growth in the past decade. However, as the number of rideshare users increases, so does the number of Carlsbad Uber accidents.

The Risks Uber Drivers Pose

While any driver can get into an accident, Uber drivers pose unique risks. Uber drivers are generally considered more dangerous than the average driver because Uber imposes very few requirements to become a driver. For example, to driver for Uber, someone only needs to meet the following criteria:

  • Own a qualifying vehicle;
  • Have a valid California driver’s license;
  • Have one year of driving experience;
  • Be at least 25 years old;
  • Own a smartphone; and
  • Pass a driver screening.

Given these lax requirements, almost anyone can become an Uber driver. Most notably, Uber drivers do not need to prove that they have safe driving habits or are familiar with the roads. Common causes of Carlsbad Uber accidents include:

Distracted Driving

Uber drivers rely on in-app map software to guide them to their destination. While Uber requires its drivers to use hands-free devices, not all drivers follow this guidance, and even when they do, they can still get distracted when glancing over to check their device.

Drowsy Driving

Recent studies have shown that drowsy driving can be just as dangerous as drunk driving. Uber drivers often have other jobs and only open their Uber app after completing a full day of work elsewhere. Additionally, some of the most profitable times to drive for Uber are at night. As a result, many Uber drivers push themselves past their physical limits in pursuit of a few extra dollars. While Uber limits drivers to shifts of no more than 12 hours per day, this assumes a driver was well-rested when they started their shift, which isn’t always the case.

Aggressive Driving

Speeding is a leading cause of traffic accidents in California and the United States as a whole. Uber drivers are paid by the trip, and some Uber drivers will try to maximize their earnings by completing as many rides as they can in a short period of time. However, in doing so, drivers place passengers and others on the road at risk.

Traffic Violations

Like all other motorists, Uber drivers have to obey all posted road signs and traffic laws. However, Uber drivers frequently end up driving in parts of the city they are not familiar with, increasing their chances of missing a traffic sign or committing some other type of traffic violation.

Does Uber Cover Accident Victim’s Injuries?

When it comes to whether Uber will cover an accident victim’s expenses after an accident, it depends mostly on when the accident occurred. Uber drivers are not employees and are considered independent contractors. Generally, Uber will not be liable for the negligence of one of its drivers. However, under state law, Uber is required to purchase insurance on behalf of its drivers.

Uber boasts a $1 million insurance policy to help convince skeptical users that the service is safe. However, the $1 million insurance policy is not always in effect. It helps to think of the rideshare experience as three distinct phases. The amount of insurance coverage offered by the company depends on which phase the accident involves.

Phase One – The Uber driver’s app is off of they are not accepting rides.

An accident involving an Uber driver who is not currently accepting rides will not implicate Uber’s insurance policy. Thus, a passenger injured in an accident occurring during Phase One will need to look to the Uber driver’s personal insurance policy or the passenger’s own insurance policy, provided they have underinsured motorist protection.

Phase Two – The Uber driver’s app is on and they are waiting for a ride request.

The moment an Uber driver opens the Uber app and begins accepting rides, Uber’s insurance policy provides the following insurance limits apply:

  • $50,000 per person/ $100,000 per accident in bodily injury liability coverage
  • $30,000 of property damage liability coverage per accident

However, these limits can come quickly, as many serious Carlsbad Uber accidents result in more than $50,000 in total damages. Thus, many who are injured in an accident occurring during Phase Two will need to file a claim with the Uber driver’s personal insurance policy or their own underinsured motorist policy.

Phase Three – The Uber app matches the driver up with a passenger.

Once the Uber app matches a driver with a passenger, Uber’s $1 million insurance policy kicks in. Necessarily, this coverage will apply to any Uber passenger injured while on an Uber ride. However, the coverage also extends to others who may have been injured in the accident, such as drivers and passengers in other vehicles, pedestrians and bicyclists.

Damages in a Carlsbad Uber Accident

Under California law, those injured in a rideshare accident should be able to recover for the economic and non-economic damages they suffered in the accident. While every case is unique, Carlsbad Uber accident victims may be able to recover the following types of damages:

  • Past medical bills, including medical bills and hospital expenses;
  • Future medical expenses;
  • Lost wages;
  • Decrease in future earning capacity;
  • Pain and suffering;
  • Emotional distress;
  • Loss of enjoyment of life;
  • Loss of consortium;
  • Disability;
  • Disfigurement; and
  • Any other out-of-pocket expenses, such as transportation to and from doctor’s appointments or any necessary modifications to their home to accommodate their disability.

Regardless of your injuries’ seriousness in the immediate aftermath of the accident, it is important to get checked out by a doctor. While your injuries may seem minor at first, things can change over time. Often, the body’s physiological response after a car accident masks serious symptoms until days or weeks later.

What to Do After a Carlsbad Uber Accident

If you were recently involved in an Uber accident, chances are, you have never been through this process before and you may have questions about what you should be doing. Below is a list of things to keep in mind after a Carlsbad Uber accident:

Report the accident

Reporting an accident is important for a few reasons. First, if you or anyone else injured in the accident require medical care, the 911 dispatcher will send emergency responders to the scene. This will ensure anyone who needs immediate medical attention gets it. Reporting the accident will serve as proof that it occurred, making it harder for an insurance company to claim your injuries were caused by something else.

Get checked out by a doctor

Even if emergency responders came to check you out, it is crucial to go to a doctor to determine your injuries’ full extent. While emergency responders will ensure you are in stable condition, they are not trained to identify potentially serious injuries that do not present an immediate risk of serious injury or death. Many times, accident victims feel “fine” the day of the accident, only to later discover a host of symptoms in the coming days and weeks. Don’t hesitate to make an appointment with your primary care doctor or visit an urgent care clinic.

Document the accident scene

Certainly, some accidents are so serious that there is no opportunity to do anything other than wait for emergency responders. However, if you are able, document the scene as best you can. This includes taking pictures of the scene, focusing on any damage to the vehicles involved in the accident. You should also take photos of your injuries. If other people were involved or witnessed the accident, ask them for their name and contact information.

Contact an attorney

Once you are out of the hospital and well on your way to recovery, reach out to a dedicated Carlsbad Uber accident attorney to discuss your options. You do not need to be sure that you want to file a claim; however, learning about your options and what to expect throughout the process can provide you with the information you need to make the best decision for you and your family.

Speak With a Carlsbad Uber Accident Lawyer Today

If you or a family member was recently involved in a serious Carlsbad rideshare accident, reach out to the dedicated injury advocates at The Levinson Law Firm for immediate assistance. Our team of respected car accident attorneys has more than 40 years of combined experience helping injured people understand their rights and pursue claims against those responsible for their injures. We have an in-depth knowledge of insurance law and how it pertains to Uber accidents, specifically. We will answer your questions honestly and will not try to sell you on bringing a claim. We just want to inform you of your options so you can make the best decision.

When you decide to work with The Levinson Law Group, you can rest assured that you will have someone in your corner throughout the entire process. We begin by explaining the recovery process in understandable terms and make ourselves available to answer your questions whenever they come up. To learn more about your options, give The Levinson Law Group a call at 760-840-2304. We accept cases on a contingent fee. That means that if there is no recovery in your case, you pay no fee. And in most cases, we even advance the costs.

If you've been injured in any type of vehicle collision we want to hear your story and ensure that you recover maximum compensation.