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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

Car Accident with an Uninsured Motorist

Don’t have time to read this blog?  Watch this video one of our attorneys recorded on this topic: The Insurance Research Council (IRC) estimates that 1 driver out of every 7 drivers in the United States is uninsured.  If you

Who is Liable for an Uber Car Accident?

Photo: Star Tribune

Rideshare companies such as Uber are now in all the major cities. Should a collision occur with an Uber driver, it’s important to know what your options are. Many people do not know whether they can sue the driver, Uber, or both parties. Here’s what you should know.

Uber drivers are third party providers/independent contractors. This means that they are not technically employees of Uber, making it harder for Uber to be held liable for collisions caused by their contractor drivers. Courts have not yet decided whether Uber should be held liable for the fault of its independent contractors, however, California case law favors holding employers liable for their “third-party contractors.” In cases where Uber is held liable for their drivers, it has an insurance policy to cover claims.

Uber has a commercial insurance policy with $1 million of coverage per incident. This $1 million of coverage starts right when you accept an Uber on your phone, up until the trip ends and the rider exits. This policy coverage also extends to any pedestrians injured in the accident along with other vehicles or property damaged. Uber’s insurance will also supersede any personal auto insurance policies, provided that Uber is liable for its negligent driver.

When an Uber is “online” and available but there are no passengers being driven or picked up at the time, the driver’s personal auto insurance will provide the coverage. If the Uber driver’s insurance is not adequate, Uber will cover the driver’s liability up to $50,000 per individual/accident, with a total of $100,000 per accident and up to $25,000 for property damages.

In the event that Uber is not held liable, an injured party can still sue the driver as they could in an ordinary auto collision where everyone simply exchanges their own personal insurance information and Uber would not be involved.

If you or someone you know was injured due to an Uber accident, please contact our office at 888-997-5170.

Ridesharing and Responsibility

uber and lift

Ridesharing services such as Uber, Lyft and Sidecar offer on-demand shared rides. Passengers needing a ride to and from a location can summon a car and pay using a smartphone app. A driver picks you up from your current location and transports you to your desired destination. Rideshare is usually cheaper than hailing a cab or renting a limousine service, and easier and more flexible.

These services are changing the way we get around: You receive a text when your ride has arrived- convenient during inclement weather. You can grab a drink with coworkers and have someone else behind the wheel. You can work on your tablet or use the phone during your commute.

Ridesharing offers plenty in the way of convenience but is not without its controversy. What happens when an Uber or Lyft driver is in a car accident? Drivers and vehicles of traditional taxi companies are licensed and regulated by the state. Public hire insurance is for cab drivers- use a signal for availability and pickup riders. The taxi company is generally responsible for insurance on the vehicle. Uber has insurance policies in place to cover a ridesharing passenger. According to the Uber website,

“This policy provides up to $1 million in coverage for each and every incident that occurs from the time a driver has accepted a trip and is en route to pick up passengers or is transporting passengers to their destination…Uber Technologies, Inc. Liability coverage is up to $1 million per incident for bodily injury or property damage to passengers or any other third parties, such as pedestrians, other vehicles, buildings, etc. The policy also covers bodily injury caused by uninsured and underinsured motorists up to $1 million/incident, so that no matter who is at fault, coverage is in place.”

On July 1, 2015, California passed a law requiring that ridesharing companies provide liability insurance coverage for their drivers during all three periods the Transportation Network Company (TNC)-Uber, Lyft, etc.,- application is on. The California Department of Insurance states the TNC services generally fall into three periods:

The ridesharing company is required to maintain $1 million in liability during periods two and three. However, during period one, liability coverage decreases.

If you are an injured passenger or pedestrian of a rideshare driver, contact Kershaw, Cook & Talley to speak with an experienced personal injury attorney.

Uber Drivers Receive Class Action Status in Lawsuit Over Tips

Photo Courtesy of REUTERS/Sergio Perez

On September 1, U.S. District Judge Edward Chen in San Francisco granted Uber drivers class action status in a lawsuit to determine the drivers’ classification as independent contractors or employees. There are many factors, including behavioral, financial, and type of relationship, that can determine whether a worker is considered an independent contractor or employee.

Three drivers are suing Uber, claiming they are employees and entitled to reimbursement for expenses — which include gas and car maintenance. The drivers currently pay those costs out of pocket.

Under the ruling, Judge Chen stated that drivers can sue as a group.  This means the lawsuit may cover over 160,000 California drivers, which could provide plaintiffs with additional leverage to negotiate a settlement rather than going to trial.

According to Reuters Legal, “The results of Uber’s legal battle could reshape the sharing economy, as companies say the contractor model allows for flexibility that many see as important to their success. An ultimate finding that drivers are employees could raise Uber’s costs beyond the lawsuits’ scope and force it to pay Social Security, workers’ compensation, and unemployment insurance.”

In June 2015, a California labor commissioner ruled that an Uber driver was an employee, not a contractor. Uber appealed this decision.

The case is Douglas O’Connor et al vs. Uber Technologies Inc., U.S. District Court, Northern District of California, No. 13-3826.

 

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

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“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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