Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Reviewed
What is different in Orange County
Where Orange County rideshare crashes happen
The first is the airport. John Wayne Airport is at 18601 Airport Way in Santa Ana, and the pickup and drop off loops feed straight onto the 55 and the 405. Caltrans counts run to 290,800 vehicles a day at MacArthur Boulevard and 320,000 at Seal Beach Boulevard (Caltrans annual average daily traffic). The second is the resort corridor in the north of the county, which the CHP Westminster Area names in its own description of its beat. Those two corridors put a large share of the county's rideshare miles on freeways, which means a CHP report rather than a city one.
Hurt on a late night trip?
Orange County recorded 1,827 people killed or injured in crashes between 9pm and 2:59am in 2023, county rank 57 of 58, where rank 1 is the worst (Office of Traffic Safety, 2023). The rate is good and the count is still large. Those are the hours a rideshare passenger is most likely to be in the back seat, and the hours when the driver has been logged in longest. The app record showing when the trip was accepted is evidence about both.
| Case type | Where it is filed | Address |
|---|---|---|
| Unlimited civil, over $35,000 | Central Justice Center | 700 Civic Center Drive West, Santa Ana 92701 |
| Complex civil | Civil Complex Center | 751 West Santa Ana Blvd., Santa Ana 92701 |
| Claim against a public entity | Written claim to the entity first | Six months, Government Code section 911.2 |
The four app periods, the $1,000,000 layer and whether you can sue the company itself are covered on our Los Angeles Uber and Lyft accident lawyer page. Related: Orange County car accident lawyer, pedestrian accident lawyer, brain injury lawyer, catastrophic injury lawyer and the hub, Orange County personal injury lawyer.
If you have been in an Uber accident in Orange County, you may be dealing with serious personal injuries, medical bills, and emotional distress. It can be overwhelming to know how to proceed after such an event, especially when you're unsure who is responsible for your injuries and how to recover compensation.
Wise Law helps you get through this challenging time. Our Orange County Uber accident lawyers specialize in rideshare accident cases and work hard to protect your rights. Whether you were injured as a passenger, driver, or pedestrian in an Uber accident, we are committed to getting you the compensation you deserve for medical expenses, lost wages, and emotional suffering.
Legal Help for Uber Accident Victims in Orange County
Here's why it’s important to hire a rideshare accident attorney:
Why You Need an Uber Accident Lawyer
An Uber accident case involves legal complexities, including determining who is responsible for the accident. Uber drivers are often classified as independent contractors, which makes determining liability tricky.
Having an experienced Uber accident lawyer can help you understand how to proceed with your insurance claim and ensure that you are compensated fairly for your injuries, including bodily injury and medical bills.
Our Orange County Lawyers Fight for Fair Compensation for Uber Accident Victims
At Wise Law, our Orange County Uber accident attorneys are dedicated to fighting for fair compensation for Uber accident victims. We handle all aspects of your case, from gathering evidence like traffic camera footage and witness statements to negotiating with insurance carriers.
We work to get you the compensation you deserve for medical treatment, lost income, and emotional injuries.
Common Causes of Uber Accidents in Orange County
Some of the most common causes of Uber accidents that lead to personal injury claims are:
Distracted or Impaired Driving by Uber Drivers
Impaired driving, whether by alcohol or drugs, is another serious cause. If an Uber driver is distracted or impaired while driving, they may be held responsible for the injuries caused in the accident.
Uber Driver Fatigue and Negligence
Driver fatigue is a common factor in many Uber accidents. Uber drivers often work long hours, which can lead to tiredness, slower reaction times, and poor decision-making.
Negligence on the driver’s part, like ignoring traffic laws or driving recklessly, also increases the risk of accidents, resulting in serious personal injuries for passengers and other drivers.
Negligence by Other Drivers in Uber Accidents
Sometimes Uber accidents happen because of negligence by other drivers on the road. If another driver is speeding, distracted, or driving recklessly, they may cause a crash with an Uber vehicle.
In these cases, the at-fault driver’s insurance company may be responsible for paying for medical bills and other damages, and a rideshare accident lawyer can help hold them accountable.
Poor Road Conditions and Traffic Hazards
Poor road conditions and traffic hazards can also contribute to Uber accidents. Potholes, damaged roads, or poorly marked lanes can make it difficult for Uber drivers to avoid accidents. In addition, traffic hazards like construction zones or bad weather conditions increase the risk of a crash.
If these factors caused the accident, the responsible party, such as the local government or property owner, may be liable for the injuries sustained.
What to Do After an Uber Accident in Orange County
After an Uber accident, it’s important to take the right steps to protect your health and your legal rights. Here are the first steps you should take after an accident to ensure you get the medical care you need and build a strong Uber accident case:
Call 911 and Seek Medical Attention
Always call 911 after an Uber accident to ensure that law enforcement and emergency medical personnel are notified. Even if you don’t feel hurt, some injuries may not show immediate symptoms.
Getting checked by a medical professional ensures you receive proper treatment and helps create a medical record for your personal injury claim.
Exchange Information and Document the Scene
- Uber Driver Information: Get the Uber driver’s name, contact details, driver’s license, and Uber insurance information.
- Other Driver Information: If another driver was involved, collect their name, contact details, and insurance information.
- Witness Information: Gather contact details from any witnesses who saw the accident.
- Photos of the Scene: Take pictures of the accident scene, vehicle damage, traffic signs, and road conditions.
- Police Report: Get the police report number and any details from the responding officers.
Having this information will help in building a strong case for your Uber accident claim.
Avoid Speaking to Uber’s Insurance Company Without Legal Advice
After an Uber accident, Uber’s insurance company may contact you for a statement. It's important not to speak with them without first consulting a car accident attorney. Insurance companies often try to minimize the amount they pay out or pressure victims into accepting a low settlement.
Speaking with an Uber accident lawyer ensures your rights are protected and you don’t accidentally say something that could harm your case.
Contact a Qualified Uber Accident Lawyer in Orange County
After an Uber accident, it's essential to contact a qualified car accident lawyer as soon as possible. An experienced car accident lawyer will help you understand your legal options, gather evidence, and guide you through the claims process.
They will also deal with insurance companies on your behalf, allowing you to focus on your recovery. Having the right Orange County Uber accident lawyer increases your chances of receiving fair compensation for your injuries and losses.
Who Is Liable in an Uber Accident?
Uber Driver Liability
The Uber driver may be held liable for the accident if they were negligent or broke traffic laws. This could include distracted driving, impaired driving, or driver fatigue. If the Uber driver caused the crash, their insurance or Uber’s coverage may help compensate for medical bills, lost wages, and other damages.
Uber’s Insurance Coverage
Uber provides insurance coverage for accidents that occur while the driver is using the Uber app. If the driver is actively picking up or transporting passengers, Uber’s insurance may cover bodily injury and property damage.
However, the extent of coverage depends on whether the driver is working at the time of the accident. If the Uber driver was not on the job, the driver’s personal insurance carrier may be responsible.
Other Parties Who May Be Liable
In some Uber accident cases, the Uber driver or Uber’s insurance may not be the only responsible party. Other parties who may be liable for the accident include:
- Other Drivers: If another driver caused the accident by driving recklessly or negligently, their insurance may cover the damages.
- Vehicle Manufacturers: If the Uber vehicle was involved in the accident due to a defective part or malfunction, the manufacturer could be held responsible.
- Government Agencies: If poor road conditions or traffic hazards (like potholes or lack of signage) caused the accident, the local government may be liable for not maintaining the roads properly.
In such cases, it’s important to work with an experienced Uber accident lawyer who can investigate the situation and identify all responsible parties.
California Uber Laws You Should Know
California has specific laws that apply to Uber accidents. These laws dictate how insurance coverage works, the duty of care Uber drivers owe to passengers, and the time limits for filing claims. Understanding these laws is important when seeking compensation for your injuries.
Here are some key California Uber laws you should be aware of:
Uber’s Insurance Coverage
Uber’s insurance coverage is designed to protect both drivers and passengers in the event of an accident. Uber provides liability insurance when the driver is on the job, either accepting a ride or transporting a passenger.
However, the amount of coverage depends on the driver’s status at the time of the accident. If the driver is offline, the driver’s personal insurance provider may be responsible.
The “Duty of Care” Uber Drivers Owe Passengers
In California, rideshare drivers, like those driving for Uber and Lyft, owe a duty of care to their passengers. This means they must drive safely, obey traffic laws, and avoid reckless behavior to prevent accidents.
If a rideshare driver is negligent and causes a crash, they may be held responsible for the injuries suffered by their passengers. This includes making sure the vehicle is in good condition, following speed limits, and not driving under the influence of drugs or alcohol.
Statute of Limitations for Uber Accident Claims
Under California Code of Civil Procedure (CCP) § 335.1, the statute of limitations for filing an Uber accident claim for injury is typically two years from the date of the accident due to the wrongful act or someone else's negligence.
This means you must file your claim within this time frame to avoid losing your right to seek compensation. Whether a rideshare driver or another party caused the accident, you’ll need to act quickly to ensure your medical records and evidence are gathered.
FAQs
What should I do if I suffer a traumatic brain injury in an Uber accident?
If you suffer a traumatic brain injury in an Uber accident, seek medical attention immediately. A brain injury may not show symptoms right away, so it's important to get checked. Uber requires drivers to maintain a safe driving environment, but if their negligence causes serious injuries, you may be entitled to insurance benefits through Uber’s insurance policies.
Can I file a wrongful death claim if my loved one dies in an Uber accident?
Yes, if your loved one dies due to an Uber accident, you may be able to file a wrongful death claim. If the rideshare driver or another driver caused the accident, their third-party liability coverage may provide compensation. A wrongful death claim can help cover funeral costs, medical bills, and emotional distress caused by the loss.
What type of insurance coverage does Uber provide in case of accidents?
Uber provides several types of insurance coverage, including property damage coverage, third-party liability coverage, and coverage for spinal cord injuries or catastrophic injuries when the driver is on the job. If the Uber driver causes an accident, Uber’s insurance policies will typically cover damages and medical expenses. However, if the driver isn’t actively working, their personal insurance may apply.
What if I experience post-traumatic stress disorder (PTSD) after an Uber accident?
Post-traumatic stress disorder (PTSD) can result from traumatic events like traffic accidents. If you suffer from PTSD after an Uber accident, you may be entitled to compensation for emotional trauma, in addition to medical bills and lost wages. Our Uber accident attorneys will help you gather medical documents and other evidence to build a strong case for compensation.
How do I know if my insurance benefits will cover my Uber accident injuries?
Your insurance benefits may cover your injuries, depending on your insurance policies and whether you have comprehensive and collision coverage. If you sustain neck injuries or spinal cord injuries in a motor vehicle accident, your own insurance coverage could help pay for medical costs, especially if the Uber driver was at fault or if there was property damage. Always check your insurance policies to determine coverage details.