As of early 2017, uberX is your Uber ride in Bakersfield California. In this area, Uber drivers give clients rides to and from Meadows Field Airport and all over Bakersfield thousands of times each day. Drivers love that they can work anytime they would like, and passengers enjoy this interesting method of transportation. In the vast majority of rides, the rides are cheap and efficient. However, as with any method of transportation, accidents will happen.
Uber Accidents in Bakersfield CA
Types of accidents involving Uber vehicles could include:
- Passenger injured while in Uber vehicle
- Pedestrian hit by Uber vehicle
- Passengers in car hit by Uber vehicle
- Uber driver injured in a wreck
- Uber driver injured by a collision with another vehicle
Liability in Uber accidents can vary depending on factors such as whether the Uber driver was actively transporting a passenger, whether the Uber app was on, and whether another party, such as a pedestrian or another driver, contributed to the accident.
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Auto insurance
Uber’s insurance coverage operates under a tiered system. When the app is on, but no passenger is present, California law requires minimum coverage of $50,000 per injury and $100,000 per incident. When a passenger is in the vehicle, Uber’s commercial insurance policy takes effect, providing $1 million in coverage for liability and uninsured/underinsured motorists.
Uber also has uninsured/underinsured motorist coverage. In some accidents, a driver rear-ends an Uber driver’s car, and their insurance will be liable. In many cases, auto insurers are going to pay out as little as possible, which is where we come in as your reliable accident attorneys.
Bakersfield CA Uber Accident Lawyer
If serious injuries, traumatic injuries, or fatalities are involved in any type of motor vehicle accident, contact us today for a free, friendly, and confidential consultation. We are experienced Uber accident lawyers and have spoken to multiple people who have been injured while in an Uber.
Common Causes of Uber Accidents in Bakersfield
With Uber and similar ride-sharing services becoming more popular in Bakersfield, accidents involving vehicles have only increased. Here are some of the common causes of Uber accidents in Bakersfield:
Driver Distraction
One of the primary causes of Uber accidents in Bakersfield is distraction. Drivers often use their phones for navigation and ride requests via the Uber app, which can draw their attention away from the road. Any fleeting attention deficit can have major consequences, especially in urban areas like Bakersfield. Communication with passengers about drop-off points or other ride details could distract Uber drivers even more.
Speeding and Reckless Driving
The pressure to increase their earnings could make Uber drivers speed and drive recklessly. Speeding limits a driver’s ability to react quickly to sudden changes in traffic conditions and increases the chances and severity of an accident. Reckless driving, such as improper lane changes, ignoring traffic signals, or erratic driving, also increases the risk of an accident. All of these behaviors put the driver, passengers, and other road users in danger.
Driver Fatigue
Many Uber drivers work long shifts, and some may even work overtime after a full day at another job. Fatigue decreases cognitive and motor functions, slows reaction time, and reduces decision speed in a driver. Fatigue driving makes driving particularly dangerous late at night and early morning, times when many Uber drivers are on the road tending to people returning from events or going to early shifts.
Inexperienced Drivers
Even though Uber requires certain criteria for drivers, those requirements do not cover all aspects of driving experience and skill. Complex traffic situations typical of urban environments, such as Bakersfield, might be confusing for inexperienced drivers. This inexperience can lead to poor decision-making at critical moments, like misjudging oncoming traffic speed at a left turn or not anticipating the actions of other drivers.
Illegal Turns and Stops
Depending on the passengers’ requests or route efficiency, Uber drivers may make illegal turns or stops. Such actions can impede traffic flow and cause collisions when not expected by other drivers. These illegal maneuvers are common in areas where picking up and dropping off locations are difficult to navigate safely.
Actions of Other Drivers
The conduct of other drivers on the road is a wild card. Even the most cautious and rule-abiding Uber driver is vulnerable to others’ aggressive driving, distractions, or traffic law violations. Such factors are unpredictable and can cause accidents.
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Damages Available to Uber Accident Victims in Bakersfield
Under California’s Civil Code, victims of Uber accidents are entitled to seek compensation for both economic and non-economic damages, including medical expenses, lost wages, and emotional distress. The California Supreme Court case, Howell v. Hamilton Meats & Provisions, Inc. (2011), sets a precedent for recovering medical costs in personal injury claims.
Here’s a breakdown of the damages available to you as a victim:
Medical Expenses
Uber crash victims often pay steep medical bills. Medical expense compensation may include immediate medical bills as well as projected future medical care. This could include emergency room visits, hospital stays, and even physical therapy, and rehabilitation. If ongoing treatment is necessary, you should include those projected costs in the claim.
Lost Wages and Earning Capacity
If your injuries keep you off your job, either temporarily or permanently, you could be entitled to compensation for lost wages. This includes what you would have made if the accident never happened. You may also claim loss of earning capacity if your future earning capacity is impaired by long-term disability or chronic pain, and you can show this is equivalent to future earnings potentially lost because of the accident.
Property Damage
Compensation for property damage typically includes the repair or replacement of your vehicle and other personal belongings damaged in the accident. If your car gets damaged in an Uber accident, you should be covered for the cost of getting it back to its pre-accident condition or its value if it’s a total loss.
Pain and Suffering
This compensation is for your physical pain and emotional distress from the accident. Pain and suffering are more complex to calculate because they involve assigning a value to non-economic damages. You have to consider the severity of the injury, the pain level, and how the injury affects your daily life and emotional well-being.
Loss of Enjoyment of Life
Injury from the accident may prevent you from performing daily activities or hobbies that were part of your life before the accident. In such instances, you may be able to recover compensation for loss of enjoyment of life, which recognizes the loss of quality of life, an important consideration in many personal injury cases.
What to Do If You’re Involved in an Uber Accident
An Uber accident is stressful and disorienting. First, make sure you’re safe. Check for injuries and move to somewhere safe and out of traffic. Immediately call 911 to get police and medical attention. You may need the report for any legal or insurance claims. Exchange contact and insurance information with the Uber driver and any other drivers involved.
Take photographs of the accident scene, cars involved, and visible injuries. This will help with recollection later on in legal or insurance claims. Also, report the accident directly to Uber via the app. This will trigger their insurance process and give you more details on how to proceed. Seek medical evaluation as well, regardless of the severity of the injuries.
Call your insurance company to report the accident, even if you were not at fault. Most importantly, consult a Bakersfield Uber accident lawyer. They can give you advice on how to proceed with your claim, deal with insurance companies, and get you all the compensation you are entitled to.
How a Bakersfield Uber Accident Lawyer Can Help
There are layers of regulations and legal jargon involved in an Uber accident in Bakersfield. To make the legal process smoother, you need a Bakersfield Uber accident lawyer. They know California transportation laws, insurance policies, and Uber’s specific protocol to protect your legal rights. They are also equipped to handle and explain legal rights and procedures in cases different from regular auto accidents.
The process of dealing with three different insurers – yours, the Uber driver, and Uber’s corporate insurance, can be overwhelming. A Bakersfield Uber accident attorney can help you handle all these interactions so your claim is treated fairly and you can challenge unfair denials or low-ball offers. They will also pursue the maximum possible recovery for your damages using all available options.
If settlement negotiations fail, your lawyer can represent you in court and negotiate a favorable outcome with their negotiation skills and legal knowledge. They also resolve liability issues that affect the outcome of your claim, such as the driver’s status when the accident happened, and establish liability based on evidence and legal precedents.
Related Questions
What Types of Compensation Can I Seek After an Uber Accident?
You may seek compensation for medical expenses, lost wages, property damage, and pain and suffering. It’s vital to evaluate the full extent of your damages to ensure fair compensation. Each case will vary based on specific circumstances.
Are There Any Specific Time Limits for Filing a Claim After an Uber Accident in Bakersfield?
In California, you typically have two years from the date of the accident to file a personal injury claim. If you’re pursuing a claim against a government entity, this timeframe may be shorter. Timely action is crucial to avoid losing your right to seek compensation.
Is It Important to Hire an Attorney Specialized in Rideshare Accidents?
Hiring a specialized attorney is beneficial due to the complexities of rideshare accidents. An experienced lawyer will understand the nuances of these cases and the specific laws in California, helping to maximize your compensation and protect your rights.
Conclusion
Uber accidents can take a toll on you. However, you do not have to handle it alone. Working with a Bakersfield Uber accident lawyer can impact the outcome of your claim. They understand rideshare regulations and insurance policies so you can get maximum compensation. This allows you to focus on recovery while they handle negotiations and legal proceedings.