Uber vehicles and drivers are a constant fixture in Los Angeles. They are on the road around the clock and take customers to work, home from bars, to the airport, to events, and more. Because Uber drivers work their own shifts, they can start when they want and in any condition they want – there is no boss or supervisor, or even a coworker, to reprimand them and let them know that they should change. Drunk Uber drivers have been known to pop up and endanger everyone in the vehicle and other individuals on the road. If you were in an accident with an intoxicated Uber driver, you should pursue legal action. The Downtown LA Law Group can ensure that you are fairly paid for your damages.
Was your Uber driver intoxicated at the time of the accident?
Uber has a strict zero-tolerance policy on drunk driving. If there is any evidence of that driver operating the vehicle while intoxicated, he will be banned from the app and will not be reinstated. Three separate reports of a driver being drunk, even if they cannot be found to be true, are grounds for dismissal.
The company asks that drivers send in videos or recordings of the drivers to assess their behavior. Some drivers may admit that they had been drinking prior to coming out or may say that they started drinking and then got one last ride. They may also have been pulled over for suspicion of drunk driving and could have failed a breathalyzer test or field sobriety test.
However, despite the company’s claims and stances, it does not do its due diligence too often. Many drivers have not been investigated or have remained employed.
Uber’s Insurance Coverage
Uber offers insurance coverage for its drivers and customers. Passengers who are in the vehicle are protected for up to $1,000,000 in liability and are generally not held accountable for the incident. Drivers are protected for $50,000 in liability. If you were in a vehicle that was struck by a drunk driver, you could also be covered under the same insurance policy. Uninsured and underinsured motorist coverage is provided, too.
The primary question is always regarding liability in Uber accidents. A drunk Uber driver was not “allowed” to drive by the company because they do not actively check on the drivers to see if they are in a state fit to operate a vehicle. However, the individual is still characterized as an employee due to recently enacted laws. Therefore, Uber can be held vicariously liable for any accidents and injuries caused to a victim because of a drunk driver.
Injuries from Drunk Uber Driver Accidents
A drunk driving accident is usually very serious – inebriated individuals are not careful and tend to speed or drift when behind the wheel, and they do not have the reaction time or presence of mind to avoid accidents to the best of their abilities. Many accidents are mitigated due to drivers swerving or hitting something else, but this is not often the case in drunk driving incidents. Some of the injuries that can occur include:
- Spinal cord injuries
- Disc damages
- Traumatic brain injuries
- Closed head injuries
- Internal bleeding
- Internal organ damage
- Broken bones
- Torn muscles
- Nerve damage
- Crushing injuries
- Puncture wounds
- Lacerations and abrasions
- Severed limbs
If you were injured in such an incident, you should sue Uber for restitution for these expenses. The damages could be permanent and result in life-altering consequences, such as the need to use a wheelchair or the inability to return to your job.
How to Sue Uber for a Drunk Driving Accident
If you wish to sue Uber, you must gather evidence from the incident. This evidence can take on various forms. The first step you should take, though, is to get medical treatment. You should not wait too long to go to the doctor or the insurance agent will doubt your claim. The longer you wait, the more likely it is that your injuries will worsen as well. You can hold on to all medical receipts, doctor’s notes, test results, and more from the hospital visit as well.
Next, you will need photos of your injuries, the scene of the accident, the driver, and the vehicle involved in the incident. You should also acquire videos if possible; these can be retrieved from dashboard cameras, businesses that had security cameras, and more.
If there were any eyewitnesses or other passengers who saw the accident occur, you can request their statements and testimonies. They can attest to the cause of the accident, if the driver swerved or was driving recklessly, and more.
You need the contact information of the Uber driver, his driver’s license number, his insurance policy number, and more. This will allow you to identify him later.
You should take a screenshot of the Uber trip, make a copy of the trip receipt and print out a statement showing the trip was paid for by your credit card. That way, Uber won’t be able to deny that you were in the car.
The police will likely show up and conduct an investigation. You can request a copy of the police report after it has been submitted to the station and finalized.
Lastly, it is very important that you call an Uber accident lawyer who can handle your claim for you. If you have never taken legal action, you could potentially receive nothing from the case. Our lawyers will tirelessly work to negotiate a fair deal and ensure that you are fully covered while you focus on recovering from your injuries or dealing with the aftermath of the incident.
Compensation from a Drunk Uber Driver Accident Claim
Victims of Uber accidents can receive fair compensation if they were hurt. You should not be expected to cover your damages if the incident were caused because of the negligence of another party, and we will fight tooth and nail to win you every penny you deserve. The insurance agent handling the case will measure the damages, responsibilities, and life details, and he will make an offer. If we are not satisfied with the offer, we will continue to negotiate until you are fully covered.
You may be able to receive the following forms of restitution:
You can also sue for wrongful death damages if a loved one or family member died in the incident. You could receive funeral and burial fees, loss of consortium, loss of inheritance, pre-death medical bills and pain and suffering, and more.
- Medical expenses from the past and future for surgery, hospitalization, physical therapy, medication, and more
- Lost income from the past and future if you were unable to go to work or could not work due to injury or recovery time later on
- Property damage if your personal items or belongings were damaged, broke, lost, or must have been replaced because of the incident
- Pain and suffering damages to cover emotional trauma, PTSD, anxiety, fear, and more
Statute of Limitations on Uber Accident Claims
California has a statute of limitations of 2 years from the date of the injury. If you fail to sue within that time period, you will be prevented from doing so in the future. It is recommended that you gather evidence quickly and that you do not hesitate to take legal action. Too often, individuals fail to get the restitution they deserve because they did not act quickly enough and did not gather the appropriate proof for their claim.
There are some scenarios in which the statute of limitations can be extended. For one, the victim could have been left incapacitated after the incident, such as in a coma or in a state of mental collapse. The statute would thus be suspended until he returns to heath. Our attorneys can explain the potential extensions available for the statute and will be able to identify if you are eligible for one, as well as the total amount of time remaining on your case.
Our Firm’s Promise
The Downtown LA Law Group is the premier law firm in Los Angeles for Uber accidents. We know the best methods for success and will stop at nothing to succeed. Our attorneys are aggressive and known for going to court if necessary. You will always be in good hands when you’re with us, and our history of reviews and million-dollar-results speak for themselves.
For a free legal consultation, contact our law firm today. We’ll walk you through the process, tell you what we believe your case is worth, and more. We’ll also tell you about our zero fee guarantee, which is the promise that you won’t have to spend a dime of your own money. We’ll cover all the costs and get reimbursed only if we win. If we lose, we get nothing.
To sue Uber because of a drunk driver accident, contact the Downtown LA Law Group at (888) 649-7166.