Rideshare companies like Lyft or Uber have transformed how people get around, particularly in major cities. While moving around with a ridesharing app is convenient, it is not always safe. Road users and pedestrians are at risk of accidents due to the actions of negligent drivers.
An accident with a rideshare can leave you dealing with severe injuries, the death of a loved one, or financial strain. You may be entitled to compensation after sustaining an injury in a rideshare accident caused by someone else’s fault.
Even so, you must demonstrate the negligent actions of the at-fault party that led to the accident and injuries.
Our rideshare accident attorneys at Highway Law Group can help pursue compensation for your injuries and losses. We understand the impact of injury-related losses and are ready to fight for your rights.
Why Choose Our San Jose Rideshare Attorneys
The ability to recover from injury-related losses depends on your settlement. You should, therefore, work with our rideshare attorneys at Highway Law Group.
We will fight for a settlement value that covers your losses. You’ll experience a client-first approach supported by clear communication, direct access to your attorney, and a unique legal strategy for your case. You can count on our San Jose rideshare accident lawyers to handle the legal aspects of your claim as you focus on recovery.
Get The Compensation you Deserve
Compensation for Rideshare Accidents
You can initiate a personal injury claim or lawsuit to obtain compensation for your injury-related losses.
Some of the damages you can receive in a rideshare accident include:
Medical Expenses
You may seek medical attention after being injured in a rideshare accident. Unfortunately, medical expenses can quickly pile up, necessitating compensation. These damages include hospital bills, surgeries, medication, rehabilitation, and ongoing treatment for injuries sustained.
A San Jose rideshare accident attorney can help compile medical records to prove the extent of your injuries and support your compensation claim.
Lost Income
If your injuries prevent you from working, you may be entitled to compensation for the income you have lost due to the accident. Lost income can encompass not only your current lost income but also future earnings if your injuries result in long-term disabilities.
Lost income consists of salary, tips, commissions, bonuses, overtime, vacation, and other benefits you could have earned without the accident.
You can prove a lost income claim using:
- Tax returns
- Pay stubs
- Bank statements
- Profit and loss statement
- Invoices
- A letter from your employer
Out-of-pocket Expenses
You may also incur additional expenses as a result of the accident. The costs can include transportation costs for medical appointments, over-the-counter medications, home care services, or modifications to your living situation due to disabilities caused by the accident.
A rideshare accident lawyer can use bank statements, credit card statements, and receipts to prove out-of-pocket expenses. They can also use bank statements to demonstrate that the medical records were valid and reasonable.
Pain and Suffering
The emotional toll of a rideshare accident can be significant. Pain and suffering damages are intended to compensate you for the physical discomfort, emotional distress, and mental anguish you have experienced as a result of the accident.
For example, you may be entitled to compensation if you suffer a lingering neck pain affecting daily function or require ongoing treatment.
Loss of Companionship
If the accident resulted in the loss of a loved one, you may recover compensation for the loss of companionship (or loss of consortium). These damages can cover the loss of a spouse, parent, child, or other significant relationships due to a rideshare accident.
Loss of Enjoyment of Life
Suffering injuries in a rideshare accident can impact your ability to participate in activities you once enjoyed. Loss of enjoyment of life damages compensate you for the diminished quality of life resulting from the accident.
For example, you may be entitled to loss of enjoyment damages if you can no longer play the piano because of an amputated arm as a result of a rideshare accident.
Mental Distress
The psychological impact of a rideshare accident can be long-lasting. Mental distress damages cover the emotional trauma, anxiety, depression, and other mental health issues that may arise following the accident.
For example, discovering you’ll be permanently disabled can trigger mental anguish. Mental anguish damages can help pay for therapy, counseling, or psychiatric care to address your mental health problems.
Permanent Disability/Disfigurement
If the accident results in permanent disabilities or disfigurements that impact your daily life, you may be entitled to compensation for these lasting physical changes.
For instance, you may receive compensation for ongoing medical care and assistance to cover the following:
- Lifelong medical treatment
- In-home care
- Physical therapy
- Acquiring medical equipment like wheelchairs or prosthetics
Punitive Damages
In cases where the at-fault party’s actions were particularly reckless or egregious, punitive damages may punish the wrongdoer and deter similar behavior.
A rideshare accident lawyer can use evidence of oppression, fraud, or malice—such as intentionally causing harm or acting with a conscious disregard for the rights and safety of others—to enhance the chances of receiving punitive damages. While rare, we can assess if the facts of your case meet this high legal standard.
Where Do Rideshare Accidents Occur in San Jose
A rideshare accident can occur in any part of San Jose. Even so, passengers and other road users are at a higher risk of accidents in specific zones.
Based on our experience and general traffic patterns, accidents in San Jose can frequently occur in high-traffic areas, including
- Interstate 280 (I-280): As one of the major highways in the San Jose area, I-280 experiences heavy traffic throughout the day. Rideshare drivers often use this highway to transport passengers to their destinations. However, the high speeds and merging lanes on I-280 can lead to accidents, especially during peak hours.
- Highway 101: Highway 101 is a common route for rideshare trips to and from the airport or major attractions. The heavy traffic flow, frequent lane changes, and construction zones make this highway a hotspot for accidents involving rideshare vehicles.
- San Carlos Street: This bustling street in downtown San Jose is lined with shops, restaurants, and entertainment venues, attracting locals and tourists. Rideshare drivers often frequent San Carlos Street to pick up and drop off passengers, increasing the likelihood of accidents due to pedestrian crossings and frequent stops.
- Almaden Expressway: The Almaden Expressway is popular for heavy traffic and multiple intersections, with rideshare drivers using the route to transport passengers across different neighborhoods in San Jose. The complex road layout and varying speed limits along Almaden Expressway can contribute to accidents, especially during rush hours.
San Jose Rideshare Accident Attorney
Although many injured victims obtain compensation from the insurer of the at-fault party, some cope without financial support. Our rideshare accident lawyers are ready to support your journey to compensation.
Our rideshare accident attorneys can support you if you suffered an injury in any of the following crashes:
- Rear-End Collisions: Rear-end collisions are common in heavy traffic or sudden stops, where the driver behind may not react in time.
- Intersection Accidents: With multiple vehicles involved, determining liability can be challenging without legal guidance.
- Pedestrian Accidents: Rideshare drivers frequent city streets, making pedestrians vulnerable to accidents.
- Distracted Driving Crashes: Texting, navigating apps, or attending to passengers can lead to accidents.
- Intoxicated Driving Incidents: Some drivers may operate under the influence, putting passengers at risk.
- Mechanical Failures: Unsafe vehicles or poor maintenance can lead to accidents, requiring legal intervention for compensation.
Our rideshare accident lawyers may also support you if you sustain any of the following injuries:
- Whiplash
- Head injuries
- Broken bones
- Spinal cord injuries
- Internal injuries
- Psychological trauma
- Back and neck injuries
- Burns
Fighting the Insurance Company
Insurance companies employ insurance adjusters who work hard to minimize financial liability. You’ll likely leave money on the table or accept a low settlement value if you deal with insurers without legal support.
Our rideshare accident lawyers have decades of experience representing injured victims and are ready to level the playing field against insurers.
Here’s how our rideshare accident attorneys can face the insurer:
In-depth Investigation
Our rideshare accident attorneys will thoroughly investigate the accident to gather evidence supporting your claim. From analyzing police reports to interviewing witnesses and reviewing medical records, we compile different sources of evidence to build a strong case.
Highway Law Group can challenge the insurer’s attempts to downplay your injuries or shift liability by presenting compelling evidence.
Uber/Lyft Insurance Explained
Uber and Lyft’s insurance policies create different insurance periods. When a rideshare accident injures you will affect how much insurance may cover you.
These insurance periods include:
- App Off: Driver's personal insurance applies.
- App On, Waiting for Request: Rideshare company's contingent liability coverage applies ($50,000 per person/$100,000 per accident for bodily injury).
- En Route to Pick Up / During Ride: Rideshare company's $1 million third-party liability and $1 million uninsured/underinsured motorist (UM/UIM) coverage applies.
Our investigation will pinpoint at what point in the ride your accident took place and which policy covers you.
Strategic Negotiation
Insurance companies are skilled at minimizing payouts to maximize their profits. Our San Jose rideshare accident attorneys are adept negotiators who understand the tactics used by insurers to undervalue claims.
With a deep understanding of personal injury law and experience handling rideshare accident cases, we can negotiate from a position of strength to achieve a fair settlement. Whether through pre-litigation negotiations or mediation sessions, we will fight for the compensation you deserve.
Litigation Experience
If a fair settlement cannot be reached through negotiation, our rideshare accident attorneys will take your case to court. With a track record of success in litigation, we are not afraid to advocate for your rights before a judge and jury.
At Highway Law Group, we can hold the insurance company accountable for their obligations to you by presenting a compelling argument supported by evidence and legal knowledge.
What to Do After A Rideshare Accident
After a rideshare accident, your actions can enhance your wellness and protect your rights as an injured victim.
Here’s what you should do after a rideshare accident:
Seek Immediate Medical Attention
You should seek immediate medical attention after a rideshare accident, even if you feel fine or have minor injuries. Some injuries, like whiplash or internal damage, may not present symptoms right away but can cause significant issues later on.
By getting checked out by a medical professional, you ensure that potential injuries are identified and treated promptly.
A delay in seeking medical attention can hinder your legal rights. Insurance companies may use treatment gaps to question your injury’s severity. By seeking medical attention promptly, you also establish a clear record of your injuries and the treatment you received, which can strengthen your case in case of a legal claim.
File a Police Accident Report
You should notify the local police department after a rideshare accident.
Filing a police accident report helps your case in the following ways:
- Official Documentation: By filing a police accident report, you create an official incident record. A rideshare accident lawyer can use the police accident report to prove the details of the accident and the injuries you sustained.
- Legal Protection: A police accident report serves as legal protection if the other party involved in the accident tries to dispute the events or shift blame onto you. An official report can support your version of the accident and protect your rights in a personal injury claim or lawsuit.
- Insurance Purposes: Insurance companies often require a police accident report when processing claims related to rideshare accidents. Without this report, you may encounter delays or difficulties getting the compensation you deserve for your injuries.
Consult Our Rideshare Accident Attorneys
All legal cases, including rideshare accidents, must adhere to legal deadlines. For instance, the statute of limitations in California requires personal injury victims to initiate compensation claims within two years.
Our rideshare accident lawyers understand the applicable legal timelines in your case. They can initiate a personal injury claim or lawsuit that complies with these regulations so you don’t lose your right to compensation.
San Jose Rideshare FAQs
How is a rideshare accident different from a regular car accident claim in California?
The main difference is the complex layer of commercial insurance.
A standard car accident involves the at-fault driver's personal insurance policy. A rideshare accident can involve one of three different insurance scenarios depending on the driver's status in the app at the time of the crash.
Identifying which of Uber or Lyft's commercial policies applies determines the amount of coverage available for your injuries.
Do I have to pay legal fees upfront for you to take my case?
No. We handle all personal injury cases, including rideshare accidents, on a contingency fee basis. This means you pay no attorney's fees unless we recover financial compensation for you through a settlement or a court verdict. Your consultation with us is also free, so there is no financial risk to exploring your legal options.
Can I sue the rideshare company (Uber/Lyft) directly, or only the driver?
Rideshare companies typically classify their drivers as independent contractors to shield themselves from direct liability for the driver's negligence.
The claim is primarily against the driver, with access to the company's large commercial insurance policy. An experienced attorney can navigate these corporate structures to ensure you target all liable parties and access the correct insurance policies.
Speak With Our San Jose Rideshare Lawyers Now
Your quality of life is likely to worsen after being injured in a rideshare accident. For example, a traumatic brain injury can make it difficult for you to participate in dancing, your favorite activity. You may also experience worsening mental health.
Although you may be entitled to compensation for the above losses, the at-fault party’s insurer may reject your claim or make a low proposal that doesn’t cover your losses.
Our rideshare accident lawyers at Highway Law Group can investigate the crash, gather evidence, and initiate a compensation claim.
Our attorneys bring decades of collective personal injury experience to every case. We have successfully handled numerous complex claims specifically involving Uber and Lyft, applying our deep knowledge of traffic and insurance law to the unique challenges these cases present.
Contact us online or at 844-HIGHWAY for your free consultation.