San Jose Rideshare Accident Attorney
Millions of Americans use Uber and Lyft to get where they need to go affordably. But one day, you can ride in an Uber vehicle and get injured in an accident. You don’t know where to turn or what to do!
The best action is to speak to San Jose rideshare accident attorneys at Alexander Law Group. You can recover compensation for a rideshare accident, depending on the circumstances.
For example, if another driver is liable, you can be owed compensation for current and future medical bills, lost current and future income, pain and suffering, mental anguish, and property damage.
Our experienced auto accident attorneys are here to help if someone’s negligence caused your injuries. Call (408) 289-1176 today for a free legal consultation. Our San Jose rideshare lawyers are not compensated unless they obtain compensation for you.
Table of Contents
- Why Choose Our San Jose Rideshare Accident Attorneys?
- Compensation In A Rideshare Accident Claim In San Jose
- Where Do San Jose Rideshare Accidents Happen?
- Rideshare Accident Claims
- San Jose Rideshare Accident Injuries
- How To Fight The Insurance Company
- What to Do After a San Jose Rideshare Accident
- Speak to a San Jose Rideshare Attorney Today
Why Choose Our San Jose Rideshare Accident Attorneys?
Our award-winning San Jose rideshare attorneys at Alexander Law Group help our clients battle for their rights after suffering serious injuries in accidents.
Our skilled car accident attorneys have years of proven results, obtaining outstanding settlements and jury awards for our clients.
For example, our car accident attorneys recently received a $7.5 million settlement in a serious motor vehicle and pedestrian accident.
Our San Jose law office is conveniently located at 99 Almaden Boulevard. Our offices are near Adobe Founders Tower, Adobe World Headquarters, and San Jose Center for the Performing Arts. Call our office today at (408) 289-1176 for a free legal consultation.
Compensation In A Rideshare Accident Claim In San Jose
You can receive compensation for serious accident injuries after a rideshare accident. You may receive payment for your medical bills, lost earnings, pain and suffering, mental anguish, and more. However, the amount of your claim depends on many factors:
Severity Of Injuries
The severity of your rideshare accident injuries affects the value of your case. For example, you can have a higher settlement for a severe brain injury, serious burns, or a spinal cord injury.
Insurance Availability
A critical part of your potential compensation is which insurance policy is available.
In a rideshare accident, the available insurance coverage depends on when and how the accident happened:
- Offline: Was the Uber or Lyft driver offline and not logged into their app? Then, the accident will be covered by the driver’s personal auto insurance, which may be only for the state minimum. For instance, if an off-duty Uber driver hits you in a crosswalk, the driver’s personal insurance applies, not Uber’s.
- Period 1: If the driver logged into the app but doesn’t have a fare, the Uber policy limit is $50,000 per person, $100,000 per accident, and $30,000 for property damage.
- Period 2: Once the rideshare driver accepts a fare, it’s period 2, and rideshare insurance for $1 million in liability insurance and $1 million uninsured insurance applies.
- Period 3: This is when the rideshare driver has a fare in the vehicle. Rideshare company insurance applies, the same as period 2.
Talk to a San Jose rideshare attorney to understand which insurance policy and limit applies to your case.
Also, California’s recent AB 5 law affects how rideshare drivers are treated – either as full-time workers or contractors. This may affect how to handle your claim. Uber or Lyft may contest whether their auto insurance policy applies and the driver’s employment status, so you need legal assistance.
Medical Expenses
Severe, life-changing injuries may involve hundreds of thousands or millions for hospitalization, surgery, rehabilitation, home care, and more.
Lost Earnings
You should receive compensation for lost earnings if a rideshare driver or other party is liable for your losses. A catastrophic injury with long-term disability may qualify for lost earning capacity compensation, which increases the settlement value.
Pain And Suffering
Someone with severe pain and suffering and mental anguish from a significant injury will see a higher settlement.
Where Do San Jose Rideshare Accidents Happen?
Millions of Californians use Uber and Lyft to fulfill their transportation requirements.
There is heavy traffic in the area, and serious accidents are frequent at the following intersections:
- King Road and Story Road
- Capitol Ex and Senter Road
- Bayshore Freeway and Tully Road
- Berryessa Road and Capitol Ave
- McLaughlin Avenue and Story Road
- Jackson Avenue and Story Road
- Moorpark Avenue and Saratoga Avenue
High traffic volume, speeding, complex intersection designs, and differences in speed all contribute to serious San Jose auto accidents. Ensure you are safe after a serious accident and avoid standing in traffic to prevent additional injuries.
Rideshare Accident Claims
Uber and Lyft accidents involving other cars, bikers, and pedestrians happen often in San Jose. Rideshare and other drivers may violate the law to reach their destinations faster. Drivers who disobey the law and injure you can be liable for your injuries and damages.
Some of the most common causes and types of rideshare accidents in San Jose are:
- Distracted driving: Cell phones and other things can distract all drivers. However, rideshare drivers in San Jose owe a duty of care to other drivers and should never give in to distractions when behind the wheel. Our car accident attorney can subpoena cell phone records to learn if the liable driver was texting and driving.
- Poor road conditions: A rideshare accident can happen because of poor weather or road conditions. But rideshare drivers should slow down and drive carefully, so this isn’t an excuse.
- Speeding: Rideshare drivers are always in a hurry to get more fares. This urgency can lead to speeding and reckless driving. Higher speeds mean worse crashes and injuries.
- Drunk driving: It’s hard to believe that rideshare drivers can be intoxicated, but long hours in the car make some drivers do strange things. Our Alexander Law Group attorney will determine if the driver or other party was drunk and caused the accident.
- Unsafe lane changes: All drivers must check their blind spots when changing lanes, but a rushing Uber or Lyft driver may hit another vehicle.
- Running a red light or stop sign: San Jose drivers deal with constant traffic, and running red lights and stop signs are common. Pedestrians can suffer severe injuries when a car driver runs a red light.
- T-bone accidents: San Jose drivers rush to beat the red light. Some may run a red light and cause a serious T-bone accident. Injuries in a side-impact crash can be severe or fatal.
- Head-on accident: Some rideshare drivers drive on two-lane roads, a common spot for head-on accidents. Your San Jose rideshare accident lawyer can handle these severe accidents.
At Alexander Law Group, our San Jose rideshare accident lawyers will review your case immediately to determine who caused the accident. Also, we will review the rideshare driver’s status when the crash occurred, which affects the insurance policy and limits available.
Rideshare accidents are notoriously complex because of the AB5 law in California and the various policies that may or may not cover the accident.
Our car accident attorneys are adept at handling these complicated claims and will fight for the best outcome for you and your family.
San Jose Rideshare Accident Injuries
Many rideshare accident injuries are severe or fatal. Talk to a wrongful death attorney in San Jose if you lost a loved one in a rideshare accident.
Common rideshare accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Soft tissue injuries
- Broken bones
- Internal injuries
- Cuts, scrapes, and bruises
- Spinal disc injuries
Retain a San Jose rideshare accident attorney when you think you have a claim. Getting immediate legal assistance is critical to maintaining your legal options and ensuring you don’t jeopardize your claim. Your attorney will deal with the other driver’s insurance company. If they call you, politely tell them to speak to your car accident attorney.
How To Fight The Insurance Company
Most auto accident claims are paid in a settlement with the liable party’s insurance company. However, rideshare accidents present complexities in insurance claims that many accidents don’t.
First, as noted earlier, depending on the situation, the driver’s or rideshare company’s insurance may cover the accident. If the rideshare driver’s app was off, only their personal auto insurance applies if the driver caused the accident.
However, Uber or Lyft’s insurance may pay your damages if the driver was driving to a fare or had a fare in the vehicle.
The rideshare company may dispute that their insurance should cover the accident, but our San Jose personal injury attorneys are adept in this scenario.
Your rideshare attorney will ensure the liable insurance policy pays you fairly for your losses. Attempting to negotiate your own settlement after a significant car accident can lead to much less compensation for your losses. Car insurance companies know that injury victims aren’t used to insurance negotiations. You may also not realize the full value of your claim.
For example, many rideshare accident victims may think they should only receive compensation for current medical bills.
What if you have a long-term injury with months of physical therapy? You may not receive fair compensation for future medical care, but your aggressive personal injury attorney will accurately estimate your losses.
What to Do After a San Jose Rideshare Accident
You can incur tens of thousands or more in medical bills and lost income, so after a crash:
- Get a copy of the San Jose police report: The police should respond to a serious auto accident. Get a copy of the police report from the responding officer. It may state who caused the accident, and it helps if the other driver was cited. The report is useful for insurance negotiations but isn’t valid evidence for a trial.
- Keep all accident-related documents: Keep a folder with all invoices, bills, receipts, medical records, etc. related to the accident. Proving fault and your injuries and damages are critical to maximizing your compensation.
- Obtain a copy of the police report. The report contains valuable information for the insurance company. It can help your attorney increase their settlement demand, especially if the police officer cites the driver.
- Keep all receipts and invoices. You must carefully document your expenses and treatments. Keep all documents related to your accident to get the best settlement possible.
- Limit conversations about the rideshare accident: You should only speak to close family, your doctor, attorney, and insurance representatives about the incident. Do not speak to the media or other involved parties while the case is ongoing. You may say or do something that jeopardizes your case.
- Avoid social media: A standard error is to post about a car accident on social media or post pictures about your activities and hobbies. Assume the insurance company is monitoring your social media accounts. They would like you to show yourself running a 10k when you claim a serious back injury! Avoid social media posts until the case is over.
- Take all of the rideshare accident evidence you accumulate and give it to your attorney at Alexander Law Group. Your attorney will review the accident information and your injuries and outline a legal strategy. Your attorney will review and assemble the information to make a compelling case.
Speak to a San Jose Rideshare Attorney Today
Our rideshare attorneys at Alexander Law Group are accomplished litigators and insurance negotiators. Our many satisfied clients rave about our results in our testimonials. We look forward to fighting for justice in your rideshare case. Call our auto accident attorneys for free legal advice at (408) 289-1176.
Alexander Law Group, LLP – San Jose Office
Address: 99 Almaden Blvd., Suite 700, San Jose, CA 95113
Phone: (408) 289-1176
San Jose Practice Areas
Contact Us for a Free Consultation
Call us at 888-777-1776 or contact us via email to schedule a free consultation to learn about your rights.
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