Uber is typically considered a technology company that provides a service of connecting people who want a ride with people who want to drive them around. Using an app is often convenient, quick, and cheaper than using a taxi.
Thus, Uber drivers are not considered employees of the company, rather, they are independent contractors. This is problematic for passengers who are injured in an accident since employers are generally liable for the actions of their employees. Although, it is to be noted that California Assembly Bill AB5 is hoping to provide protection to employees of gig app sharing economy companies such as Uber and Lyft.
If a passenger was hurt in an accident, he must seek prompt medical attention. Even if the passenger doesn’t have pain right away, he can experience symptoms several days after the accident. Under California law, victims of car accidents have a right to recover compensation equal to the full value of caused damages. Passengers can recover for both monetary losses and intangible, noneconomic damages.
An injured passenger involved in an Uber accident may be entitled to the following compensation:
Uber Driver’s Policy: A driver who drives for Uber is required to carry his own car insurance, which usually covers injuries of passengers as a result of the accident. The insurance requirement is imposed by California law and affects any person who has and operates a motor vehicle, regardless of whether he drives for companies like Lyft or Uber. Though, it’s important to know that the driver’s insurer can deny the claim in case the driver was engaged in commercial activity at the time of the accident. The amount of money a passenger can recover is limited to the driver’s policy maximum. In California, most drivers usually purchase minimum coverage, which may not be enough to cover the full extent of the injuries. Third-Party Policy: In case a negligent third party is responsible for causing an accident, the passenger can file a claim with that driver’s personal insurance company. Uber Insurance Policy: Uber carries its own insurance policy in case the drivers are involved in an accident and insures its drivers with a $1 million policy. The coverage which applies is based on the driver’s activity at the time the accident happened. Under this insurance policy, Uber is responsible for all damages up to the difference between the at-fault driver’s policy limit and Uber’s $1 million policy limit. Particularly in case, an at-fault driver’s insurance policy covers $30,000 in damages, Uber is liable for a maximum of $970,000 if such a payout is required. An Uber driver is carrying a passenger This is the case when the $1 million policy can kick in. In case the Uber driver is carrying a passenger, the driver and passenger are covered under the liability insurance policy. Additionally, if a third party was injured, such as a pedestrian or cyclist, the third party was covered by Uber’s insurance policy when the driver was carrying a passenger. Though, if Uber denies coverage, the Uber passenger and driver and can still be denied by the driver’s personal insurance policy since the driver was driving for pay when the accident happened.
Actually, Uber’s insurance policy is dedicated to helping avoid paying out as many claims as possible. It is common for accident claims to be denied by Uber’s carrier. As mentioned above, drivers are not considered Uber employees, and this makes it more difficult for passengers to get compensation in case the driver was driving recklessly or was drunk and distracted. Victims can respond to a denial by suing Uber directly or can seek payment from the driver’s personal insurance company. Suing the driver directly can limit the number of damages that can be received. Are you in need of assistance with resolving your case? A Los Angeles uber accident lawyer from KAASS LAW can provide you with all the legal help you require! Don't hesitate to let a trained professional help you out!
California Vehicle Code 12500 (b) states, “A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver’s license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver’s license of any class.”
It is most likely that you will want to obtain the M1 class motorcycle license, which permits you to drive a traditional motorcycle. The M2 and M3 class licenses are only for motorized scooters, “mopeds,” and 3-wheel motorcycles. You will need to go to a DMV and provide your:
Then, you will need to perform the following:
Earning a CCMT by completing the course can be used to opt out of the in-person driving test at a DMV. However, you will still be required to pass a written test regarding motorcycle operation laws.
In California, domestic violence is addressed in the following ways:
Yes, as mentioned previously, an individual can be liable for the tort of domestic violence. Per Civil Code section 1708.6, an individual can be held liable for the tort of domestic violence if the plaintiff proves the following:
At any moment, a person can be involved in an auto accident. An injured person might not have been a passenger in an Uber car at the time of the accident. Instead, the victim might have been rear-ended by the driver or been injured as a bicyclist, pedestrian, or motorcyclist. An injured victim can file a claim with the Uber driver's insurance policy. Furthermore, an injured party can also file an Uber accident claim with Uber's insurance policy.
In California, the drivers with ridesharing companies are required to carry $50,000 per person and $100,000 per accident in liability insurance along with $30,000 in property damage. The rideshare company also carries $200,000 in extra coverage. The insurance is applicable as long as the driver is logged into the app and looking for a customer request. When the driver accepts a ride and is en route to pick up the customer, the $1 million insurance kicks in.
After the accident's victim must immediately take the following steps to preserve the right to compensation:
Have you had your employment terminated? Specifically, have you been unfairly fired from your job? If you answered yes to these questions, follow the article below to receive the compensation you need. You may be a victim of wrongful termination if you were let go from your job without good reason. In order to be able to take the right steps forward for your wrongful termination case, it is important to understand key elements. This article will cover some common examples of what constitutes a wrongful termination and how one might go about if something like this happened to you.
Termination is the process of ending employment. This act of dismissal can happen in different ways and for various reasons. Wrongful termination is a topic that many people have an opinion on. It's always good to research the facts and know your rights in this situation before it happens to you. The term "wrongful termination" refers to the dismissal of an employee from their position due to unfair discrimination, businesses breaching public policy in dismissing the worker, or when a company's own employment regulations are not met. In most cases, wrongful termination can be resolved by consulting with legal counsel. Employees who get wrongfully terminated happen to be individuals who have been working for the position for some time and suddenly find themselves unemployed and with no income.
The maintenance of safe working conditions is the primary obligation of any employer. However, there are types of jobs in case of which it is impossible to avoid working with hazardous materials. In these cases, it is very difficult but mandatory to ensure safety for the employees. Suppose you work in a laboratory with hazardous materials. You start to notice that you have headaches which, day by day become stronger. You visit a doctor who claims that the headaches are caused by the result of contact with hazardous materials in conditions not safe for your help. Who shall be responsible to compensate for the damages? Firstly, it is obvious to think of the opportunity to sue your employer. But, shall you prove that the employer was directly involved and guilty for the damages to your health? Of course, it will be very difficult to prove the guilt of the employer and to show that he directly does not undertake the necessary measures to ensure safety in the workplace. Besides, even if such measures have been undertaken, you can still receive compensation for injuries. That's why, under California legal regulations, you just need to prove that the damage to your health was caused because of the hazardous work conditions. Particularly, as to the example highlighted above, you shall prove that the headaches were caused because of contact with chemicals at the workplace.
You shall prove that you have been exposed to hazardous chemicals at work and you were injured as the result of such exposures by taking the following steps:
Failure to respect your clients' privacy can lead to loss of personal information, damage to your reputation, and resource waste. It increasingly has the potential to put you in legal trouble, result in significant fines, and trigger legal action. Invading privacy can lead to numerous outcomes in an unfavorable way. Additionally, invading someone's privacy is an offense that may get you into a lot of trouble, especially when you take into account the activities that are being taken in place.
The California Privacy Act is a wiretapping law. It prohibits the recording of confidential conversations without the consent of all participants. This includes telephone conversations. Victims of illegal wiretapping may be subject to legal damages. Breaking the law is a crime. Violators may face:
Under California Civil Code Section 51.9, in case a person was sexually harassed by another person in their business, service, or professional relationship, that person can be legally liable in action for sexual harassment. Such a relationship may exist where the opponent is the victim:
A victim of sexual harassment can be a woman or man and also can be of the same sex as the harasser.
Our Personal Injury Attorneys and Accident Attorneys are notable USC and UCLA alumni encompassing some of the most highly skilled, aggressive, and experienced Personal Injury Litigation Attorneys. KAASS Law fights tooth and nail in order to help our clients' recover and secure a fair settlement or we go to trial. Call KAASS LAW for a free personal injury or accident consultation.
When you have been injured because of the negligence or wrongful conduct of another, the law allows you to recover for the damages done to you, including medical expenses, lost wages, and pain and suffering. Unfortunately, the burden is on you to prove every aspect of your case, while fending off the excuses and blame tactics thrown at you from the insurance company lawyers. Our personal injury and accident lawyers service the Los Angeles, Glendale, San Fernando Valley, and San Bernardino County.
As experienced litigators, we have successfully litigated various personal injury cases. KAASS Law understands the mastery it takes to successfully receive fair settlements during the claims stage of a or . Our personal injury attorneys possess the skills and abilities necessary to negotiate a If we are unable to receive a fair settlement offer during the claims stage with the insurance companies, we take it to trial and securea . Our Personal Injury and Accident Attorneys are experienced litigators and handle legal matters such as:
It is possible to obtain a license if you are under the age of 21. However, there are some additional steps that must be taken to do so. Applicants aged 18-20 are required to get the Certificate of Completion of Motorcycle Training and must hold an instructional permit for at least 6 months. Applicants aged 15 ½ to 17 must additionally provide proof of completion of a driver's education course.
As specified in CVC section 12500 (b), operating a motorcycle without a valid license is a crime. The statute classifies the crime as a misdemeanor offense, meaning that upon conviction, you could face:
The definition of abuse used under Civil Code section 1708.6 is actually defined under Penal Code section 13700. As per this Penal Code section, abuse means to intentionally or recklessly cause or attempt to cause bodily injury or place another individual in reasonable apprehension of imminent serious bodily harm o himself or another person.
Here are some examples of domestic violence:
Depending on the severity of any injuries and the defendant's criminal history, varying penalties may be imposed for convictions under California's domestic violence laws. Even for a first misdemeanor, several counties demand a minimum sentence of 30 days in jail. Additionally, they frequently stipulate that the defendant complete a 52-week domestic abusers course. Moreover, domestic violence conviction in California will remain on your lifelong criminal record. As a result, it could be challenging to obtain employment, pass a background check for any state professional certification, or qualify for other benefits.
The defendant, who is the person causing abuse to the plaintiff, may be liable for both compensatory as well as punitive damages. Additionally, the defendant may also be held to pay reasonable attorney’s fees.
Compensatory damages are money that is awarded to the plaintiff as a result of the loss plaintiff has suffered due to the negligent or unlawful conduct of another individual.
Punitive damages are money awarded to the plaintiff in addition to compensatory damages. Punitive damages are awarded as a form of punishment to those who engage in bad behavior. Additionally, it serves as an example to discourage others, as well as the defendant, from acting similarly in the future.
According to California Civil Code § 1708.6, the statute of limitations for civil domestic abuse cases is three years from the time the last abusive conduct occurred. If the abuse is still occurring, the plaintiff may be compensated for all earlier abuse committed by the same defendant.
If you or someone you know is facing a violation under Civil Code section 1708.6, contact our experienced attorneys at (31)943-1171 for a consultation.
A victim can be entitled to the damages for:
A lawsuit can be the victim’s best bet if the insurance company refuses to approve the claim, fails to extend a fair settlement offer, or if the victim’s injuries are particularly severe.
Victims can file a personal injury lawsuit against a negligent Uber driver. In this case, the injured victim must prove that the Uber driver breached the obligation to keep him safe. The amount of recovery will be limited by what the driver can pay.
Accidents aren’t always caused by Uber drivers. Other drivers, motorcyclists, pedestrians, bicyclists, and even companies responsible for defective products can cause an accident on the road. In California, a victim can recover compensation from anyone who contributed to his injury.
Recovering compensation from Uber through a personal injury lawsuit can be problematic because the Company has fought to ensure that the drivers are independent contractors rather than employees. As drivers aren’t Uber’s employees, it is more difficult to hold Uber personally liable for drivers’ negligence.
If you or a loved one has was injured in an Uber accident, we invite you to contact our Los Angeles Uber accident lawyer at (310) 943-1171 today for a free consultation.
There are numerous reason why someone may be terminated. Below you will find some illegal ways to get fired from your job.
If you were fired from your job for one or more of the reasons listed above, it is a violation of the law or your employee contract. Make certain that what you have been fired for has been acted upon legally and lawfully. The employer has not complied with all legal requirements for terminating an employee. If an employer terminates someone's employment because of an act by the employee protected under law, the reason for their termination is illegal.
Wrongful termination is a termination that is unlawful or unfair. You may be eligible to receive compensation if you believe you have been terminated unlawfully or unfairly, . Wrongful termination is illegal and can lead to consequences for the employer if they are found guilty of this act. To determine whether or not your situation qualifies as wrongful termination, it is important to look at what elements must be present in order for an employee's dismissal to qualify as wrongful termination. Want to take legal action? Our employment team at Kaass Law will be able to consult and evaluate your case. Contact 310.943.1171 for further assistance.
It is very difficult to imagine bringing any third party to liability other than the employer. However, some scenarios can still be present. For example, if you work with some chemical materials and the manufacturer negligently has not warned you about the safety rules of working with them, you shall file a lawsuit against the manufacturer.
The compensation type and amount highly depend on circumstances and the impact of the exposure on your health. In any case, you can receive: -coverage for your medical expenses, -temporary or permanent disability benefits depending on the circumstances and seriousness of the injury to your health. If you have been treated but still are not able to return to work, you can be entitled to receive supplemental job displacement benefits. In case you shall pass any training to change your job, they shall be paid by the employer.
If you or a loved one has been injured contact our Los Angeles Personal Injury attorneys for a consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how to proceed.
647(j) PC is a section of the California Penal Code that describes the unlawful invasion of someone's privacy as a crime.
According to California Law here are types of criminal invasion of Privacy:
However, we should remember that a defendant is only guilty if he looks or records someone, and "the victim" was in a location where she had a reasonable expectation of privacy. These types on invasions regarding someone's privacy can lead to severe consequences that are very difficult to overcome.
By reviewing the circumstances of the case, a judge or jury will evaluate whether a legitimate expectation of privacy existed.
In California, criminal invasion/breach of privacy is classified as “disorderly conduct”. For example, it is a misdemeanor punishable by the following penalties:
Here are the examples:
In either of these circumstances, the penalty for violation of privacy may include:
Also, if the person had previously been convicted of the same offense, the fine might be increased to $10,000, as well as 1 year in prison.
Due to the use of technology, privacy can be invaded through social media platforms, emails, passwords to certain platforms that have private information saved, etc. However, in order to prevent that from happening, we can be take safety precautions to be aware of the consequences that might occur.
The consequences of criminal invasion of your privacy are very serious. The attorneys at KAASS Law are ready to help you determine your options. Therefore, If you or someone you know is subject to privacy invasion and have further issues and/or questions, feel free to contact us at 310.943.1171 for a free consultation. Our attorneys will evaluate the details of your matter and let you know what to expect and how you can proceed.
According to CACI 3065, to establish the claim of sexual harassment, the plaintiff must be able to establish all the following elements:
As mentioned above, sexual harassment can occur in different ways, but employment discrimination laws divide prohibited sexual harassment into two categories: quid pro quo harassment and hostile work environment. Quid pro quo harassment occurs when the victim's supervisor, either expressly or impliedly, requires him to submit to sexual advances by threatening with an adverse employment action, such as a demotion, bad review, or termination. This type of sexual harassment can only be committed by a supervisor, manager, or another employee who is eligible to undertake some tangible employment action against the victim.
A hostile work environment is unwelcome conduct that irrationally interferes with an individual’s work performance or creates an intimidating or abusive work environment. A hostile work environment exists when a reasonable employee feels abused or intimidated by pervasive or severe conduct which is based on the employee’s gender, gender identity, or sexual characteristics.
In case of a successful claim, the victim of sexual harassment can get the following remedies:
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