Uber Accident Lawyer

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It’s pretty simple: If you didn’t cause your accident, you shouldn’t be footing the bill for your recovery. As top personal injury lawyers in San Francisco, the attorneys at Delfino, Green & Green may be able to help. Call us at (415) 442-4646 to schedule a free consultation. For many people across the country—especially those in metropolitan areas—rideshare services like Uber/Lyft offer an easy, affordable way to navigate the city. However, taking an Uber does have some drawbacks. When an Uber vehicle gets into a car accident, injury victims are often at a loss as to where to turn and how to recoup their losses. Afterall, it’s hard to know who was responsible for the accident; it could be the Uber driver, another driver or a non-driving party, such as the city or a car part manufacturer. Uber Accidents In these situations, the best thing accident victims can do is speak with a personal injury attorney. A legal expert can review California rideshare laws and offer the most advantageous path forward. At Delfino, Green & Green, we do everything in our power to support Uber accident victims in the Bay Area. Keep reading to learn everything you need to know about Uber accidents, who’s at fault and how to secure the compensation you need for recovery. Were you or a loved one injured in an Uber accident? There’s no time to waste—contact an experienced car accident lawyer in San Francisco to review your situation and offer the best options for pursuing compensation. Contact us online to schedule a free consultation.

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If you are interested in learning more about how our highly esteemed firm can help, contact us online or call us at 415-442-4646.

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Uber Accidents in California: Who Is Responsible?

In California, responsibility for a car accident is based on negligence. In other words, if a driver’s recklessness caused the accident, they are considered at-fault and may be held liable for the injury victims’ damages. However, in order to recover damages through a car accident lawsuit, injury victims need to prove a few things. The first is that the defendant owed them a duty of care, and they breached that duty through negligence. They must also prove that the defendant’s negligence played a primary role in causing them harm. Here are some examples of negligent behavior:
  • Distracted driving, making phone calls, texting, eating, applying makeup, etc.
  • Driving under the influence of alcohol or drugs
  • Running stop signs or red lights
  • Speeding
  • Breaking other traffic laws
Any of these behaviors while driving could constitute liability. In accidents involving an Uber, the liability generally falls on the Uber or Lyft driver, another motorist or the rideshare company.

Rideshare Periods and Uber’s Insurance

In California, a rideshare driver’s time is separated into three distinct periods to help sort out the matter of liability coverage and insurance. California also sets requirements for the insurance coverage needed for each period. These three periods are as follows:
  • Period one. This period refers to when the driver is active, meaning they have the Uber app open and are waiting for a ride request. During period one, rideshare businesses are required to have a minimum of $200,000 in liability insurance, as well as primary driver coverage of at least $50,000 for death and personal injury per person and at least $100,000 for death and personal injury per incident. They must also have at least $30,000 in coverage for property damage.
  • Period two. Period two is the time when a driver has accepted a match but hasn’t picked up a passenger yet. In other words, period two is when the driver is driving to the passenger’s pickup location. During this period, rideshare companies must provide primary commercial insurance coverage of at least $1 million.
  • Period three. This time period refers to the time in which a passenger is in the rideshare vehicle, from when they first enter the car to when they exit it. California law requires companies to provide primary commercial insurance coverage of at least $1 million, as well as $1 million in coverage to protect against uninsured or underinsured drivers.
Unfortunately, Uber and other rideshare companies often try to avoid liability, sometimes by pushing claims toward the individual driver’s insurance policy. It’s also important to note that Uber’s commercial insurance policies do not cover non-passengers who suffered injuries as a result of a negligent Uber driver.

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If you are interested in scheduling an initial consultation with a member of our team, please don’t hesitate to contact us by calling 415-442-4646.

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Who Is Liable for Damages in Uber Accidents?

Liability can be difficult to determine in many car accident cases, but it’s even more complex when it involves a rideshare vehicle such as Uber. However, the following are generally true in California:
  • If the Uber driver caused the accident, that individual is generally held liable; this is sometimes true even when the driver is taking a passenger.
  • A rideshare driver who caused the accident may be protected by additional insurance through Uber, but they are still personally liable to injury victims.
  • Although employers are typically liable for an employee’s negligence, ridesharing services like Uber generally classify their drivers as independent contractors to avoid liability.
  • Uber may share some of the liability for the accident if the company participated in negligent hiring, training or supervision.
Ultimately, navigating liability in rideshare accidents is complex, especially if you’re trying to do it alone. If you’re thinking about filing a claim but aren’t sure about the at-fault party, don’t stress—an Uber accident attorney can review your situation and help you determine liability.

Recovering Damages after an Uber Accident

If you were seriously injured in an Uber accident, you may be facing significant losses. Luckily, you have the chance to recover damages through a lawsuit. Just like in a regular car accident lawsuit, you may be able to recover compensation for the following:
  • Medical bills
  • Physical therapy and other medical treatments
  • Pain and suffering
  • Lost wages
  • Lost earning capacity
  • Disability or disfigurement
  • Lost enjoyment of life
In rare cases, you may also be able to recover punitive damages, which, contrary to the compensatory damages listed above, are intended to punish the negligent party. Awarded at the court’s discretion, punitive damages are generally reserved for situations in which the defendant’s actions are considered especially egregious or harmful.  In the event of a fatal Uber accident, the surviving family members of the victim may be able to recover damages through a wrongful death lawsuit. Certain family members can receive compensation for things like funeral and burial expenses, financial losses and loss of companionship and support.

Steps to Take After an Uber Accident

If you’ve been injured in an Uber accident, it’s important to protect yourself. Here are four things you can to do to ensure your health, safety and legal rights in the aftermath of a serious accident:
  1. Seek medical attention. The most important thing to do after a crash is seek immediate medical care. It’s not uncommon for people who are in shock to believe they’re fine, only to find out later that they suffered significant injuries.
  2. Call the police. According to California law, it is each driver’s responsibility to report a crash that results in physical injuries. Even if you are only a passenger in an Uber that has wrecked, it’s in your best interest to ensure a police report is taken.
  3. Consult an experienced Uber accident lawyer. If you’ve been injured in a rideshare accident, it’s important to contact an attorney before making any moves that could affect your case. They can assist you in contacting the rideshare company, insurers and more.
If you sustained serious injuries in an Uber accident, it may be difficult to think clearly. The most important thing to remember is that nothing should come before your physical safety.

Uber Accidents in California: FAQs

Still have questions about Uber accidents in California? Our car accident attorneys would be happy to meet with you! In the meantime, read through some of our most frequently asked questions about Uber accidents.

What causes Uber vehicle accidents?

Uber accidents are just like regular car accidents in this regard—anything can cause them. Examples include reckless or distracted driving, poor road conditions or hazards, a person jaywalking, a defective car part, etc.

Would I be entitled to damages if I was partly responsible for the accident?

According to California’s comparative fault laws, anyone injured in a car accident can still recover damages, even if they’re partially to blame.

How much time do I have to file a car accident claim?

In most cases, the statute of limitations for filing a personal injury claim is two years from the time of the accident. For minors, it’s two years from the day they turn 18. However, in claims against the government, injury victims must file within six months of the accident.

How much is my Uber accident case worth?

Like any other personal injury or car accident case, this question is impossible to answer without knowing the details of your case. Typically, the more severe your losses like medical expenses, property damage, etc., the more financial compensation you might be able to receive.

Delfino, Green & Green: Top Uber Accident Lawyers in San Francisco

It doesn’t matter whether you were an Uber passenger, another driver, a pedestrian or a bicyclist—if you were injured in a car accident caused by someone else’s negligence, you deserve reparation for your losses. Unfortunately, your insurance company may not offer fair compensation, and you could end up paying the price for someone else’s negligence. At Delfino, Green & Green, that just doesn’t sit right with us. That’s why our law firm does everything in its power to hold the negligent party responsible and secure the compensation that our clients deserve. If you’ve been injured in an Uber accident, you’ve already been through enough; you shouldn’t have to navigate your legal options, too. Ready to hand over the reins to a top rideshare accident lawyer in San Francisco? Our legal experts are standing by, ready to give you top-tier legal advice. Contact us online or give us a call at (415) 442-4646 to schedule a free case evaluation.

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If you are interested in scheduling an initial consultation with a member of our team, please don’t hesitate to contact us by calling 415-442-4646.

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Verdicts & Settlements

We've recovered millions for our clients

$10,400,000

Construction Death

The husband and father of 4 young children was working at a construction site when he died because of another contractor's negligence. After more than two years of hard fought litigation, our team of experts was able to win a tremendous victory on behalf of our clients and ensure that all of their financial needs will be met. We could not bring back the husband/father for this family, but we were able to protect them from the financial devastation that can and often does result where the primary source of income for the family is taken away. We then worked with our team of financial planners to make sure that this family will always have financial security.

$10,000,000

Bad Faith Insurance Claim

Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.

$5,750,000

Traumatic Brain Injury

A 16 year old developmentally disabled kid was hit by a bus while in a crosswalk. He suffered a concussion which turned into post concussive syndrome, where the symptoms of the concussion don't heal completely. This is also known as a mild Traumatic Brain Injury ("mTBI"). Our firm was hired as trial counsel 6 months before trial because of our expertise in TBIs as well as cutting edge trial techniques. When we first associated into the case, there was a very minimal settlement offer and it did not appear that the Defense was taking the case seriously. Our team of attorneys, experts and staff immediately immersed ourselves in the case as we prepared to demonstrate the catastrophic consequences of this incident. Shortly before trial, the Defense could see that we had put all the pieces together to prove liability and that full justice for our young client required damages in the many millions of dollars. The matter settled for $5,750,000.

$2,400,000

Disability Claim

Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.

$2,000,000

Traumatic Brain Injury

Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.

$1,800,000

Heart Condition Disability

Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.

$1,700,000

Builder’s Risk/Collapse

A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.

$1,000,000

Heart Condition Disability

Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death. Based on thi

$1,000,000

Traumatic Brain Injury

Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.

$985,000

Traumatic Hand Injury

Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.

$975,000

Aviation Death Settlement

A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.

$700,000

Forklift Accident

A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.

Words of Praise from Our Clients

“I had the pleasure of working with Sharon Delfino on my workmens comp case. She definitely had my best interest at hand. She was able to find me a great doctor and help me resolve my case. The staff there are always polite and friendly, never had an issue. It was a pleasure working with Delfino Green & Green !”

- Tabitha W

“I’ve known the firm’s founder, Bill Green, for many years and I can say that he is one of the best attorneys I’ve had the pleasure of working with. He and his associates at Delfino Green & Green are hard-working, highly responsive, and very professional, and they get the job done, without excuses. Bill is a great communicator, both with clients, and in Court, and invests time and money to include visual storytelling in his trials and mediations. You won’t find an attorney who cares more about you, and getting you an outstanding result for your case. Bill is one of the “good guys” in the legal profession…a great person to have on your side when dealing with the craziness of litigation.”

- Tim M

“A few years ago, I referred a friend of mine to the attorneys at Delfino Green & Green. He was extremely happy with the job they did on his case. He was severely injured when a car hit him when he was crossing a street and this event had the potential to ruin him in a number of ways – financially, physically, emotionally, etc. We kept in close contact during the lawsuit and he told me how great his lawyer and his assistant were throughout the process. Caring, compassionate and very knowledgeable. My friend ended up with a great result – fair financial compensation and great treatment for his injuries. Little did I know when I referred my friend that a few years later, I would need a lawyer for injuries I suffered, but I did. Based on my friend’s experience, I knew that Delfino Green & Green would be the right attorneys for me. So I hired Bill Green and his team to help and they jumped right into action. Now I can saw that I too have firsthand knowledge of just how great these guys are. They knew the law, they knew just how to handle my particular case, and they helped me get my life back after the horrible events that lead to my injury. I can’t imagine that you could do any better than hiring these folks. I’m so grateful for all they did for both me and my friend.”

- Evelyn A

“The work Delfino Green & Green did on my case was beyond excellent. The final result was superb, but I also truly appreciated how Mr. Green and the team kept me up-to-date at every stage of the case. I was able to reach someone whenever I needed something or had something important to report and the firm always let me know what was going on in my case. That was very important to me because I hadn’t found that to be true with other attorneys. In short, really top flight work, great people and results that met all of my expectations above and beyond.”

- Byron H
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