Uber Accidents in San Jose

Uber is one of the most popular rideshare services. Locals and visitors to San Jose rely on Uber for fast, easy-to-schedule rides at reasonable cost.

While Uber may be an excellent service, accidents involving Uber drivers do happen

And when they do, you need an attorney to help you achieve justice and fair compensation.

Were you involved in an accident with an Uber?

An accident with an Uber makes the process of getting a fair settlement for damages more complicated. Whether you were driving another vehicle and were in an accident with an Uber driver or you sustained injuries while an Uber passenger, you need help from a personal injury lawyer to manage the legal issues associated with the accident.

Every law firm is different, and at The Swanson Law Group, our team of lawyers is truly extraordinary. We do not compromise with insurance companies. Read a few of our insurance letters to get an idea of our approach.

Investigating the collision: Who is liable?

The initial step in filing an injury claim or lawsuit is to determine liability. This involves investigating specific facts in the collision. An Uber driver is required to carry their own auto insurance, and Uber only covers the driver under specific situations. While working for Uber, drivers may or may not be covered, depending on whether the driver is logged onto the Uber app when the accident occurred and whether they were looking for a passenger or transporting a passenger.

California law and Uber

State lawmakers have passed laws specifically for rideshare companies. Under the California Public Utilities Code, Division 2, Chapter 8, Section 5433, the insurance covering Uber itself is in play from the time the driver accepts a ride request until the driver completes the transaction on the Uber app — or until the ride is complete, whichever is later.

The process for filing an injury claim for an Uber accident

After an injury accident involving an Uber in San Jose, the process involves a series of steps to confirm whether the driver was currently logged onto the app or operating the vehicle personally while covered by their own auto insurance. Other legal issues may prove to be critical in filing a claim or lawsuit, and a range of facts must be investigated. Under state law, Uber is required to perform an extensive background check on all drivers.

Uber cannot “contract with, employ, or retain a driver” if the individual has a conviction for DUI, misdemeanor assault/battery, or domestic violence within the past seven years. In addition, drivers who are registered sex offenders or have been convicted of a violent felony cannot be hired. In some cases, it may be necessary to investigate whether or not the driver met the legal criteria to drive for Uber.

Uber insurance and injury cases

The coverage provided by Uber covers $1,000,000 for death, personal injury, and property damage. This insurance also covers the driver from the time of logging onto the Uber app but who is not yet engaged in transporting a passenger — but at lower limits, with $50,000 for death and personal injury per each injured person, $100,000 for death and personal injury per incident, and $30,000 for property damage. An additional $200,000 in liability insurance is provided to cover the driver.

A progressive attitude and spirit: The Swanson Law Group difference

At The Swanson Law Group, we are deeply committed to our clients at every phase of the legal process. We provide access to a network of excellent physicians and specialists who can administer treatment and care without requiring payment until the case is settled — and that is just one single aspect of our dedication to superior, ongoing client service.

These are outstanding doctors who we would personally work with if we had the same injuries as you. Your health is priority, so your job is to go to your appointments, take your medications as prescribed, follow your doctor’s orders, and get better. We are progressive, we care more, and we fight harder.

Victories in challenging cases: We will not compromise

Our talented, loyal, and personable legal team of Ben Swanson, Esq., Zaneta Conroy, Esq., Greg Schaffer, Esq., and Ethan Niedermeyer, Esq. is responsible for achieving remarkable victories in challenging cases. Our firm has mastery over what is needed to help clients recover from injuries. We understand the value of the loss, and we are very happy to have an insurance company pay full value at trial. At The Swanson Law Group, we do not compromise.

Types of injuries in Uber accidents

Any car accident is a frightening experience. Sadly, auto accidents continue to be one of the most common causes of serious, catastrophic, or fatal injuries. Some of the most common types of injuries sustained in auto collisions include:

Broken bones
Head injuries
Neck injuries
Back injuries
Brain injuries
Spinal cord injuries
Internal injuries
Soft tissue injuries
Amputations
Disfiguring injuries
Fatal injuries

Valuing an Uber accident case

At The Swanson Law Group, we look deep into every case when determining the amount of compensation to pursue in a settlement or lawsuit. The damages pursued include but are not limited to:

Immediate and future medical costs
Lost wages due to the inability to work
Rehabilitation
Lost earning capacity
Pain and suffering
Loss of quality of life

We take an aggressive approach to get you justice

When you need a lawyer to assist you to recover compensation, you want to make the right choice. At The Swanson Law Group, you will discover a unique law firm that has achieved uncommon results. Here are just a few of the victories we have achieved for our clients:

$5,000,000: Vehicle accident
$4,400,000: Vehicle accident
$3,600,000: Wrongful death

While we cannot promise similar results, you can trust that our team of attorneys is ready to take on the insurance company with a no-compromise approach.

Read the excerpt below from one of our insurance letters to get a glimpse into our approach when it comes to negotiating a settlement:

“Got your letter. Your company has had more than enough information to reasonably determine that the value of this case far exceeds the available policy limits of your insured. Attached are my last two one-level fusion surgery cases that the carriers allowed to go to a jury. Neither case had a wage-loss component and both verdicts were over 3.8M. This letter will serve as my client’s final policy-limits demand. It expires in 15 days. I appreciate that we live in different spheres. One of the habits that most carriers develop is to undervalue cases until it is too late. Capitalizing on this mistake has allowed me to obtain financial freedom. Attached is a good illustration. Lauren is now dealing with a neck fusion case. My opening demand at mediation next month will be $7.5M. Will you be the latest Lauren? Fail to meet my demand if you wish to find out.”

Contact us for your free case consultation

We invite you to call us and tell us your story in a free case consultation. Goal number one is to make a connection so you know right away that we understand what you’re going through. Goal number two is to understand your injuries so that you can have access to excellent doctors and start getting better. All cases are taken on a contingency fee basis, which means you owe us zero legal fees unless we are successful. Call now.