What Causes Uber Accidents?
The short answer is driver error, which causes over 98 percent of the vehicle collisions in California. Commercial drivers, like Uber drivers, have additional legal responsibilities in California. These motorists must take affirmative steps to avoid accidents. Because of the higher duty of care, almost any driving error is negligence, or a lack of care.
If negligence substantially caused injury, a Carlsbad car accident lawyer can obtain substantial compensation for victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are available as well, if the victim produces clear and convincing evidence that the tortfeasor (negligent driver) intentionally disregarded a known risk.
Operator Impairment
Frequently, vehicle operators are impaired before they become drivers. The duty of care requires all motorists to be sober, well-rested, and otherwise mentally, physically, and otherwise fit to drive. Some common kinds of operator impairment include:
- Medical Condition: Diabetes and other serious medical conditions cause drivers to pass out and lose control of their vehicles as they’re behind the wheel. Moderate medical conditions, like the flu, reduce driving skills by up to 50 percent, due to distracting symptoms like a runny nose and watery eyes.
- Distraction: A moderate medical condition is one kind of distraction. Others include eating while driving, talking with passengers while driving, and using a hand-held device while driving. These gadgets combine all three forms of distracted driving, which are manual (hand off the wheel), visual (eye off the road), and cognitive (mind off driving).
- Alcohol: Impairment and intoxication might be the most common kind of driver impairment in California. Impairment, which usually affects people after the first sip of alcohol, is the partial loss of normal mental or physical abilities. Intoxication which usually sets in after three or four drinks, is the complete loss of these abilities.
An Oceanside personal injury lawyer often obtains higher compensation in driver impairment cases. Arguably, these individuals know they shouldn’t drive, but they get behind the wheel anyway. In other words, they intentionally disregard a known risk.
Driver impairment could also involve third party liability rules, such as the negligent entrustment doctrine. Owners are liable for damages if they knowingly allow incompetent drivers to operate their motor vehicles.
Aggressive Driving
Speed is the most common, and perhaps the most dangerous, form of aggressive driving. Speeding is especially an issue among Uber drivers. These individuals are paid by the trip, not the hour. So, they have a financial incentive to speed and work in as many fares as possible.
Speed increases the risk of a collision. Speeding drivers have less time to react to ever-changing situations. Speed also increases the force of a collision. A low speed fender bender is a high speed wreck that causes catastrophic (life-threatening) injuries.
Other kinds of dangerous aggressive driving include tailgating, turning unsafely, and ignoring a traffic control device.
As mentioned, commercial drivers in California are held to a higher standard. So, in order to fulfill their duty of care, they must be aggressively nice drivers. For example, when it rains hard, Uber drivers arguably have a responsibility to pull over, not just a responsibility to slow down.
Connect With a Savvy San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
Source:
drivethru.gsa.gov/DRIVERSAFETY/DistractedDrivingPosterA.pdf