San Diego Fatal Uber Accident Lawyer
Car accidents can change the way you live your life, either short-term or permanently. Millions of Americans across the nation, and in San Diego, sustain injuries in accidents. Many of those involved in a crash lose their lives. Some of those accidents involve an Uber vehicle and those collisions may also end in serious injuries or death.
Since Uber accidents are not the same as regular motor vehicle collisions, it is best to discuss your case with a San Diego fatal Uber accident lawyer at The Levinson Law Group.
In San Diego County in 2018, fatal car accidents dropped from 3,798 to 3,606 in 2019 – a decrease of 5.1 percent. The total fatal number of fatal and injury crashes in San Diego County in 2018 was 20,270. Of those accidents, 4,831 were the result of speeding.
The 2019 mileage death rate – deaths per 100 million miles traveled – is 1.06. Although the number of accidents appears to be dropping, there is a long way to go before thousands of people do not get involved in a collision, suffer serious injuries or, lose their lives.
Uber is a San Diego Mainstay
Across the state and in San Diego, Uber is a mainstay. It has been one of the main forms of alternative vehicle transportation to a destination for many. An example of its popularity is from September 2018, when Uber and Lyft rideshare drivers drove between 160 to 184.9 million miles in Greater Los Angeles. Rideshare services do add to traffic congestion and that means a higher chance of accidents.
There were reportedly 58 fatalities nationwide from 2017 to 2018, with 21 percent of the deaths involving the Uber driver, 21 percent passengers, and 40 percent pedestrians. Ninety percent of Uber traffic accidents happened in urban areas.
Uber and Lyft, also referred to as transportation network companies (TNCs), injury accident claims are complicated and include a variety of factors revolving around whether the driver was logged into the company application, and what time period the driver was in when the accident happened. Fatal Uber accidents often involve multiple claims against other drivers, the company, and the Uber driver.
The passing of California Assembly Bill 5 (AB5), in January 2020, required companies that hire independent contractors, such as Uber/Lyft drivers, to reclassify them as employees, with some exceptions.
However, in November 2020, California voters approved Proposition 22, which designates drivers for app-based ride-hailing and delivery apps as independent contractors. This is why you need an experienced fatal Uber accident lawyer to sort out the legal issues to proceed with a wrongful death lawsuit.
Rules, regulations, laws, and policies are always evolving when it comes to the TNC industry and that is why it is vitally important to understand your legal rights and how Uber accidents are different. If you lost a loved one in an Uber accident, talk to a fatal Uber accident lawyer at the Levinson Law Group.
Why TNC Accidents are Different Than Other Auto Accidents
Uber is not like traditional taxi cab and limo services. An Uber driver usually sets their hours; does not have to accept every request for a ride; not all TNC vehicles have identifying signage and, the driver is usually using a personal vehicle and, is responsible for all maintenance and, fuel.
A taxi or limo company must have commercial insurance at all times, not just when the driver is on duty. Uber and other rideshare companies, even though they do offer commercial insurance, only kick in if there is a passenger onboard or if the Uber driver is logged onto the Uber app and looking for passengers.
If a rideshare driver is not logged onto the app at the time of a collision, only the driver’s car insurance is in effect. That insurance only needs to cover California’s 15/30/5 minimum insurance, which covers a maximum of $5,000 in damages to property and other vehicles, $15,000 per bodily injury/death claim, and $30,000 per accident for all bodily injury/death claims.
In most instances involving Uber accidents, negligence is typically present in some form, such as recklessness or careless driving. Some common forms of negligence on the part of an Uber driver or, another driver include, but are not limited to: speeding, not obeying traffic laws and/or signals, driving while distracted, DWI and, not paying attention to the road, surroundings, or other vehicles.
To file a personal injury claim or wrongful death lawsuit in a fatal Uber accident case, you need to show that the driver’s negligence directly caused your injuries. Proving that involves the following: that the defendants owed the plaintiff a duty of care; that the defendant breached that duty of care by being negligent and, the defendant’s negligence was the primary cause of the plaintiff’s injuries or, death.
Liability and the Uber App
If an Uber driver injures someone in another vehicle, those injured parties have a claim against the Uber rideshare driver. Liability depends on whether or not the rideshare driver is logged into the app waiting to be hailed, has no passenger and, the app is not on and, is driving with a passenger in the vehicle or is going to pick someone up.
Determining what period the Uber driver is in is important in the case of an accident, including a fatal one. If the app is off, any accident is treated as a normal accident and, insurance coverage is limited to the Uber driver’s personal car insurance.
If the Uber driver has the app on and is waiting for a ride, the contingent insurance coverage with $50,000/$100,000 limits applies. If there is a passenger or the driver accepted a ride and, is on the way to pick the passenger up, Uber’s $1 million commercial coverage is in effect.
Contact the Levinson Law Group Today
If you or a loved one were involved in a fatal Uber car accident, reach out to the Levinson Law Group attorneys right away. At The Levinson Law Group, our dedicated team of fatal Uber car accident lawyers is here to help.
If you have questions about the recovery process, we can answer them. If you are not sure you want to bring a case against the other driver, we will not pressure you. We only want to make sure that you are informed so you may make the best decision for yourself and your family.
When you decide to work with The Levinson Law Group, rest assured you have someone in your corner throughout the entire process. To learn more about your options, call the Levinson Law Group at 760-827-1700. 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.