San Jose Rideshare Accident Lawyers
Mitchell & Danoff Law Firm Is Here to Help
If you were injured in a rideshare accident, you deserve to be compensated for your injuries. At the Mitchell & Danoff Law Firm, our team of rideshare accident lawyers in San Jose are ready to help you recover the compensation you deserve. We will work tirelessly to make sure you receive the highest possible compensation for your injuries and losses. Our goal is to make the process as easy as possible for you.
Who Is Liable In A Rideshare Accident?
In California, liability in a rideshare accident can fall on multiple parties - the rideshare driver, the rideshare company, or other drivers involved in the crash. The driver's status at the time of the accident (whether they were logged into the app, carrying a passenger, etc.) can also affect who is deemed responsible.
Here's a breakdown of who could be liable in a rideshare accident:
Rideshare Driver: The rideshare driver may be liable if their negligence, such as reckless driving, distracted driving, or driving under the influence, directly contributed to the accident.
Rideshare Company: Rideshare companies like Uber and Lyft may be held liable under certain circumstances. These companies often classify their drivers as independent contractors, which can complicate matters. However, if the accident occurs while the driver is actively working on a ride (e.g., en route to pick up a passenger or with a passenger in the car), the rideshare company's insurance coverage typically applies.
Other Motorists: If another driver's negligence caused the accident, they could be held liable for your damages.
Third Parties: In some cases, third parties, such as vehicle manufacturers or maintenance providers, may bear responsibility if vehicle defects or maintenance issues contributed to the accident.
Tactics Used by Rideshare Companies
Rideshare companies may use various tactics to reduce their liability, such as claiming drivers are independent contractors or arguing that the accident occurred outside of "active ride" parameters. Navigating these defenses requires a deep understanding of both California law and the specific policies of the rideshare companies.
What to Do After an Uber or Lyft Accident
If you're involved in an Uber or Lyft accident in San Jose, follow these steps to protect your rights and potential compensation:
Seek Medical Attention: Your health is a top priority. Get medical treatment immediately, even if your injuries appear minor.
Report the Accident: Notify the police and report the accident to the rideshare company as soon as possible.
Gather Evidence: Collect information about the accident, including photos, witness statements, and contact details.
Don't Sign Anything: Avoid signing any documents or accepting settlements from insurance companies without consulting an attorney.
Contact an Attorney: Reach out to an experienced rideshare accident attorney to protect your interests and guide you through the legal process.
How Mitchell & Danoff Law Firm Can Help
At Mitchell & Danoff Law Firm in San Jose, CA, our dedicated rideshare accident attorneys have extensive experience in handling complex cases involving Uber and Lyft accidents. Here's how we can assist you:
Investigation: We thoroughly investigate the accident to determine liability and identify all responsible parties, including the rideshare company, if applicable.
Negotiation: We skillfully negotiate with insurance companies to ensure you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Litigation: If necessary, we are prepared to take your case to court and aggressively advocate for your rights in front of a judge and jury.
Guidance: We provide compassionate guidance and support throughout the legal process, offering peace of mind during a challenging time.
If you or a loved one has been injured in a rideshare accident in San Jose, CA, contact Mitchell & Danoff Law Firm for a free consultation. Our experienced rideshare accident attorneys are here to fight for your rights and help you obtain the compensation you need to recover and move forward with your life. Let us be your advocates on the path to justice and recovery.
If you've been injured in an accident through another's wrongful actions, you are entitled to compensation. Don't wait any longer; contact our firm immediately to see how we can help you.
Should I hire a lawyer for my personal injury case?There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.
How long will my personal injury case take to resolve?
This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.
What is the average settlement amount for a personal injury claim?
The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.
Does California put damage caps on claims for personal injury cases?
No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.