San Clemente Personal Injury Attorneys | Accident Lawyers
San Clemente Uber and Lyft Accident Attorneys
Our Uber and Lyft accident attorneys in San Clemente have the knowledge, resources, and experience to help you navigate the legal system. There are many insurance policies that might be in play after a rideshare crash. Our legal team can conduct a thorough investigation, identify all potential avenues for pursuing compensation, and help you fight for the highest possible payout.
It’s not uncommon for the first settlement offer from an insurance company to undervalue certain damages or to leave them out entirely. This is especially true when the insurer knows that the claimant hasn’t hired an attorney. With one of our skilled rideshare accident lawyers by you side, you won’t have to worry about the insurance company taking advantage of you. We will make it clear from day one that we are more than willing to enter litigation if a fair settlement is not reached.
We accept Uber and Lyft accident cases on a contingency fee basis, so you won’t have to pay any attorney’s fees unless we win. For a free case review, call us today at 1-800-GO-HARRIS.
Do I Have Grounds for a Rideshare Accident Lawsuit?
Before we answer this question, it is first important to distinguish a tort “claim” from a tort “lawsuit.” When seeking damages for a personal injury or wrongful death, you would first bring a claim against the liable party or their insurance company. In many cases, a settlement is reached without a lawsuit ever being filed; however, if no settlement is reached, the next step would be to file a lawsuit and proceed to litigation.
Whether or not your case has merit comes down to three elements: liability, causation, and damages. Read on for a brief overview of what these three terms mean in the context of Uber and Lyft accident lawsuits:
- Liability: You must be able to prove that the defendant was liable, or legally responsible, for the crash. Most rideshare accidents are caused by drivers who behave negligently, meaning they breach the duty of care—usually by violating a traffic law such as breaking the speed limit, running a stop sign, or driving a vehicle while under the influence of drugs or alcohol. Therefore, proving liability in these cases usually requires evidence that the defendant was negligent. Such evidence may include the police report, the deposition of eyewitnesses, the deposition of an accident reconstruction expert, video recordings of the crash, and photos of property damage. If, on the other hand, the collision happened because one of the vehicles involved (or one of its parts) had a manufacturing defect, it may be possible to hold the manufacturer “strictly liable” for the resulting damages, meaning a finding of negligence would not be needed to impose liability.
- Causation: Was the defendant’s negligence a proximate cause of your injuries? To prove causation, your San Clemente Uber or Lyft accident lawyer will have to show how your injuries would not have happened but for the tort. This might seem fairly straightforward if everyone involved agrees on the facts surrounding the collision, but if you had a pre-existing injury or medical condition, there’s a chance that a causation dispute might arise. The defense might say that your damages would have been incurred even if the accident had not happened. In this scenario, the deposition of your treating physician and perhaps a retained medical expert, as well as your medical records might help your attorney counter this defense.
- Damages: What costs have you incurred as a result of the accident? Have you had to miss work or pay for child care, alternative transportation, or domestic help? How have the injuries affected your personal wellbeing? Have you had to miss social and familial events? What symptoms are you experiencing? These are just a few questions your lawyer may ask when determining the kinds of damages to pursue and their value. Evidence of damages may include healthcare records; financial documents; deposition from medical, financial, and vocational experts; your journal about your daily struggles due to your injuries; deposition from close friends and family; and receipts and invoices.
What Damages Might Be Recoverable?
A serious car accident can result in a wide array of direct and indirect costs. In California, crash victims may be able to recover both compensatory damages and punitive damages. While compensatory damages are awarded to make the victim “whole” again, punitive damages are awarded to deter similar misconduct in the future and to punish the defendant.
The list below outlines the compensatory damages that might be recoverable after a rideshare accident:
- Medical expenses;
- Lost income, benefits, and future earnings;
- Property repairs;
- Other economic damages;
- Emotional distress;
- Loss of consortium;
- Loss of enjoyment of life; and
- Pain and suffering.
Contact Us Today to Speak with a San Clemente Lyft and Uber Accident Lawyer
You can reach our office by sending us a message or calling 1-800-GO-HARRIS. The consultations is free, and you won’t owe any attorney’s fees unless we win your case through a settlement or trial verdict.