Since the company’s founding in 2009, Uber has expanded into pretty much all transportation, such as food delivery, driverless cars, and goods transportation. Yet ridesharing remains the company’s core business, to the tune of over sixteen million rides a day. In terms of injuries, much of the focus is on Uber vehicle collisions. These drivers are often fatigued and/or distracted. Other injuries occur as well, as outlined below.
These other injuries involve some different legal principles. Because the law is different, and because Uber is a large, multinational company with a small army of lawyers, only the most experienced San Jose Uber accident lawyers should handle these cases. There is too much at stake for your injury claim to be a training program for a well-meaning yet inexperienced lawyer.
Passenger falls, passenger-on-passenger assaults, and driver-on-passenger assaults are the most common non-collision Uber injuries. The first two areas are legally similar. The third one is markedly different.
Legally, Uber drivers are common carriers. Therefore, they have a higher duty of care in California, especially when it comes to passenger safety. This duty begins at pick up and ends at drop off. Picking up or dropping off a passenger at a busy street corner or other dangerous location might be a convenient alternative, for both passenger and driver. However, such locations are not safe alternatives.
General premises liability law could apply as well. Generally, property owners, including vehicle owners, have a duty to keep their cars and trucks reasonably safe. They must address known safety hazards, like loose grip handles or non-working deployable running boards. Drivers also have a duty to break up disputes between passengers, especially intoxicated passengers, before these disputes become violent.
The company could also be liable for rider-on-passenger assaults. Common negligence theories in this area include negligent hiring and negligent entrustment. Negligent hiring claims against Uber are more common after the pandemic. To beef up its fleet of drivers, Uber lowered hiring standards. As a result, persons with criminal backgrounds, including prior assaults, might now be Uber drivers.
Basically, negligent supervision is a failure to properly respond to prior complaints. Lowering the driver’s rating and brief suspensions aren’t proper responses to serious misconduct allegations.
Overall, the compensation in an injury claim usually includes money for economic losses, such as medical bills, and non-economic losses, such as pain and suffering.
The medical expenses in a serious injury case usually exceed $50,000. Price isn’t the only issue. Frequently, injuries like whiplash are very difficult to diagnose and treat.
An attorney addresses both areas. In addition to obtaining compensation in court, a San Jose car accident lawyer usually connects victims with doctors who charge nothing upfront, so victims need not endure additional financial pain. These doctors usually focus on whiplash and other injury-related conditions.
To determine a reasonable amount of pain and suffering damages, most attorneys multiply the economic losses by two, three, or four, depending on the facts of the case and a few other variables.
Car crash claims are usually complex. For a free consultation with an experienced personal injury attorney in Campbell, contact the Solution Now Law Firm. We have offices in San Jose, Los Angeles, and Oakland.
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