Distracted driving removes the driver’s attention from the road and thus is the biggest hazard to any person behind the wheel. When you are the passenger and your family member or friend takes out their phone to text or answer a phone call, it’s rather unsettling. They are risking not only their life, but yours.
When you order and Uber, you expect the drivers to be professional and conscious about safety. And while many Uber drivers keep their phones on their dashboard to show the GPS, there are some drivers that do not regard safety. They hold their phones, talk on the phone, and reply to text messages. Distracted driving is responsible for a large majority of car accidents. According to a 2013 report by the NHTSA, distracted driving accounted for 10% of all fatal crashes, 18% of all vehicle accident injuries, and 16% of all police-reported motor vehicle traffic crashes.
The Normandie Law Firm is here to ensure that you get the compensation you deserve for your injuries. Uber will attempt to deny the claim and say that their drivers are not employees, they’re independent contractors, and are thus not liable for their negligence. When you are involved in an accident with Uber it is important that you contact our law firm. Our lawyers are well experienced in dealing with Uber insurance agents and will fight to access their $1 million policy to ensure that you get the compensation you need to compensate you for the damages incurred. Without the right legal team on your side, your claim will more than likely be a minimum settlement, or even get denied leaving you with $0.
Uber Drivers on Their Phone
There are many professions that prohibit their employees from using their phones at work. Uber drivers, however, require their phone to find new people to drive and for GPS purposes. The driver activates the application on their smartphone to accept new rides from passengers, and then require their phone to get from point A to point B (and, depending on the type of ride, maybe even a point C and D). Usually, their phone is mounted onto a clamp that holds their phone in place on the dashboard of their vehicle. Under California law, drivers can use their phones as long as it is hands-free. Phones must be mounted on the dashboard, windshield, or on the center console.
Even though hands-free leaves both hands on the wheel, their attention can deviate from the road to their screen. Some drivers may not be able to fight the temptation of texting or answering a phone call and will thus put our life at risk.
It is against the law for drivers to text and drive. Uber drivers are expected to uphold the rules of the road not only for liability’s sake but for the safety of their passengers.
The dilemma for Uber drivers is accepting more rides and make more money, while keeping their attention on the road.
Is Uber Responsible?
Uber claims that its drivers are independent contractors, not employees. This difference is more significant than you may realize. Typically, employers are responsible for the actions of their employees when they are working even if the employer was not directly involved in the accident. For example, if a delivery driver was en route to deliver some food and crashed into another driver it is the employer company that is responsible. The reason being that the employee is a representative of the company and not acting independently.
Independent contractors, however, are not employees. This means that when an independent contractor commits an error the company is not responsible, rather the contractor themselves is responsible and must accept liability. For example, a doctor who works in the emergency room is an independent contractor. So if there’s a medical malpractice issue, the hospital claims the doctor was not an employee and thus not responsible for the malpractice claim. Same thing goes with Uber. When a driver gets into an accident, Uber is quick to claim that drivers are independent contractors.
It is for this reason that you need a qualified attorney to fight for you and prove that Uber is responsible for the damages. Uber has a $1 million policy that is available to customers and third-parties that were involved in the accident. Without an expert attorney on your side, you may lose on hundreds of thousands of dollars to which you’re entitled.
What Damages Are Available to You?
When you suffer a loss due to an accident with Uber, there are certain damages you can win if your case is successful. The amount is based on the total damages incurred. Below is a list of damages you can win if you are involved in an accident if your Uber driver was negligent in their driving:
- Medical Bills — Injuries that require medical treatment can run quite the tab, and when it comes to car accidents even the most innocent of taps can cause severe injuries that may require surgery. You can get compensated for your medical damages as well as any future procedures you may require, including physical therapy.
- Lost Wages — When you are unable to work you do not get paid, and are able to provide for yourself or your family. You can recover the lost wages you were unable to earn due to your recovery. In addition, you can recover lost potential future wages.
- Pain and Suffering — Car accidents are incredibly traumatic events that can trigger the onset of many mental disorders including anxiety, depression, post-traumatic stress disorders. It takes a legal team with experience in auto accidents to find the right doctor to testify on your behalf and prove that you are suffering from these illnesses. Because mental disorders are not “physical” in the same sense as a broken arm or severed leg, it requires a medical professional’s testimony.
The DTLA Law Firm
The DTLA Law Firm is here to ensure that you get everything to which you’re entitled. Our law firm offers free legal consultation to all of our clients and comes with zero obligation on your part. Free legal consultation gives you the opportunity to sit down with one of our attorneys and explain the details of your case. Our lawyers will listen to you and when you’ve finished explaining, they will offer their initial thoughts as well as give you their legal opinion. We offer free legal consultation because we want our clients to make informed decisions when it comes to something as important as legal representation.
In addition to the free legal consultation, we also offer the zero-fee guarantee. What does the zero-fee guarantee offer? It means that from the day we take on your case, you will not pay us for our legal services. We will only charge you if we can prove your case and get you the compensation you deserve for your damages. That means if we do not prove your case, we will not charge you for our legal services. We know that it is unethical to invoice clients who are already in the midst of seeking financial restitution and have outstanding bills and payments to make.
