PERSONAL INJURY BLOG

What Should You Do If You Are Injured in a Ride-Share Accident?

Tuesday, August 07, 2018

The advent of ride-share companies like Uber and Lyft created brand new opportunities for California entrepreneurs and ride seekers. While services like taxis and buses have been around for years, private citizens not employed by a company who use their personal vehicles to transport passengers for a fee was a novel idea. It was the dawn of a new age for passengers seeking a way to traverse LA and a golden opportunity for southern Californians who wanted to earn some extra cash. This new business model didn't just create new opportunities, though. It also created a host of new challenges for insurance companies, legislators, and law enforcement professionals. Specifically, the issue of liability in the event of an accident involving Uber or Lyft drivers had to be sorted out. 

A Brief History of Ride-Share Laws in California

Legislators and insurers understood the implications of these new ride-share companies, or Transportation Network Companies (TNCs), almost immediately upon their invention. So did Los Angeles personal injury attorneys, who began seeing an increase in TNC-related cases, many of which were complicated by the lack of precedent and the vague insurance regulations surrounding the fledgling industry. After much debate and discussion, the first official California legislation that directly addressed the issue, Assembly Senate Bill 2293, went into effect on July 1, 2015. The law required TNCs to either provide liability insurance coverage or ensure that their drivers were carrying said coverage while the app was on since most personal insurance policies wouldn't cover business-related claims. Since then, more insurance options have been added, insurance companies have created a range of products specifically designed for individuals who use their vehicle for ride-sharing business activities, and the laws have become far clearer when it comes to issues like how to determine fault. 

What to Do After an Accident

If you've been involved in a car accident while ride-sharing in the Los Angeles area, it's important to record as much information as possible. Liability in these cases is still a complicated issue, and the clearer you can be with your insurance company, the better chance you'll have of recovering damages. In most cases, either the driver's business-related policy or the TNC's policy will cover your injuries. However, it's still important to gather as much information as possible for both insurance and legal purposes. 

If you've been injured in a ride-share accident, contact us today. We'll help you through the process and make sure you get the compensation you deserve. 

Can a Passenger Sue Uber for an Rideshare Auto Accident?

Tuesday, August 29, 2017

rideshare companies Uber and taxis

Ridesharing is an increasingly popular way to get around due to its affordability and ease of use. Even in cities without a large cab culture, there are always a few rideshare drivers there to help people get around. The king of these rideshare companies is Uber with other companies like Lyft close behind.However, as great as these companies are, you are still getting into a car with a stranger, and you never know what is going to happen. If you get into an accident, can your sue Uber for the auto accident

As a passenger, you have a certain expectation of safety. This means that if you are in an accident, you are entitled to seek coverage for any injuries sustained in said accident. All passengers in an Uber car are covered by their liability coverage, but your injuries may also be covered by the driver’s insurance as well. However, because two different insurance companies can be involved, the process can get complicated very quickly. This is typically where having a knowledgeable lawyer to represent your interests comes in handy.

If you have been in an Uber accident, depending on the severity of the accident, you shouldn’t be afraid to seek compensation for:
  • Medical expenses

  • Property damage

  • Lost wages from the injury impeding your ability to work

  • Loss of future earning capacity in case of disability

  • Pain and suffering

After the accident, once you have sought medical attention, don’t wait to start building your case. Insurance companies never want to just pay you. In order to get the compensation you deserve, not only should you have a police report of the accident, photos of injuries and damages, and preferably witnesses to what happened. Furthermore, you will want to find a talented lawyer to represent your interests as soon as possible. Not only will they show that you are serious about your case, but they will be able to stop you from making small, but serious mistakes that could affect the amount you receive. If you have been hurt in a rideshare accident and need representation, contact us today.

Court Orders Hearing on Reliability of Breathalyzer

Thursday, July 09, 2015

The Massachusetts Supreme Court recently ordered a hearing on the reliability of a specific type of breathalyzer device that has been used in a number of DUI arrests.

That state's highest court ruled in June that the reliability of breathalyzer device in question must be established before any evidence related to tests performed on the breathalyzer could be admitted in court. The breathalyzer device in question is the Alcotest 7110 MK III-C. This breathalyzer was used in a case in which the defendant mounted a challenge to the accuracy of the test. He is joined by at least 61 other defendants in similar DUI cases, who are calling into question the reliability of the results from this particular breathalyzer model.

According to the motorists, who are calling into question the reliability of these breathalyzer test device results, the device test results are scientifically unreliable. Further, they allege that the device also comes with several other deficiencies that make any breath test results produced by the device unreliable. They also allege that the test results from the breathalyzer are not reliable, because it is not designed purely to test for ethanol. They also allege that the calibration tests performed do not establish the accuracy of the device.

However, the judge assigned to their case rejected their motion without even a hearing, stating that the results of the device are admissible under a Massachusetts statute. However, the Supreme Court has disagreed, and ruled that the Alcotest is the first breath test machine that tests using infrared technology, and courts have thus far not established the reliability of this device.

High Risk of Drunk Driving Fatalities on New Year’s Eve

Thursday, December 12, 2013

According to a new infographic that was released recently, the New Year's Eve holiday ranks fourth on a list of holidays based on the numbers of alcohol-related accident fatalities that occur during these holidays. According to the infographic, the deadliest alcohol-related holiday is the Fourth of July Holiday, followed by Memorial Day, Labor Day, New Year's Eve, Thanksgiving and Christmas.

The results were based on an analysis of traffic accident fatalities that occurred during the holiday period between 2007 and 2011. Although New Year's Eve is ranked fourth based on the actual number of traffic accident fatalities that occurred over the past four years during the holiday period, it also happens to be the holiday period with the highest average percentage of alcohol-related traffic fatalities with a rate of 42%.

The holiday period that resulted in the greatest number of accident fatalities was Thanksgiving, with an average of 444 fatalities during the entire holiday period. However, that holiday doesn't rank at the top of the list as far as alcohol-related accidents are concerned.

You’ve probably been in a position where you're driving after having had a few alcoholic beverages. There are a number of ways that you can prevent this from happening. If you are out in a group, designate a driver whose job is to remain sober for the duration of the evening, so that he can drive you home safely. Make sure that this is a trustworthy person, who can be trusted enough to stay away from the alcohol during the evening. If you are out alone, hitch a ride home. Try to make arrangements to stay the night over at your host’s place if possible.

Aggressive Driving is a Concern over the Holiday Season

Sunday, December 01, 2013

More than 64% of American motorists in a recent survey confirmed that they had experienced aggressive driving from other drivers at least six times in the past three months. Over the holiday season, destructive behavior by motorists is likely to increase due to the heavy traffic conditions and stressed driving environment.

Aggressive driving can be defined as any kind of behavior that increases the risk of an accident. Typically such behavior includes speeding, weaving between lanes, tailgating, showing hostility towards other drivers and, in extreme cases, outright road rage. When a person is in the throes of road rage, he may try to inflict bodily or physical harm on another motorist, try to run the driver off the road, and display other such dangerous driving.

Aggressive driving is a major factor in traffic accidents across California, but as a new survey by State Farm Insurance and KRC Research shows, such practices are widely prevalent in the motorist community. According to the survey, 44% of motorists admitted to driving aggressively over the past three months.

Drivers between the ages 18 and 29 and middle-aged drivers were much more likely to engage in aggressive driving. As many as 32% of younger drivers, and 20% of middle-aged drivers reported either engaging in aggressive driving or being provoked by motorists. Parents were also much more likely to drive aggressively with 30% admitting to such behavior around the winter holidays. Just about 9% of motorists above the age of 50 admitted to aggressive driving, and among non parents, the hostile driving rate was just 50%.

In order to avoid aggressive driving, leave from home with plenty of time to avoid frustration and road rage. Tune out all stresses in the car, and play soothing, calming music. Avoid fast-paced music that boosts adrenaline, and increases speeding risks.


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