Blog – Page 3 – The Kindley Firm, APC

How Do Rideshare Accident Lawsuits Work in San Diego?

Rideshare transportation services have all but taken over taxi services. Instead of waiting for a taxi to drive by and wondering whether you’ll be noticeable enough to stop them, you can now use your smartphone to ping an Uber or Lyft and get home in a cheaper, more convenient way. Although rideshare services have many benefits, they still have many risks, just as other cars.

If you’ve been injured as a passenger in an Uber or Lyft, you may have grounds for a car collision lawsuit. A San Diego car accident lawyer from The Kindley Firm, APC, can investigate your wreck and determine whether the rideshare company’s insurance policy will cover your damages. If you have trouble recovering a settlement, we’ll help you pursue legal action.

Liability Coverage Provided by Uber and Lyft

Both Uber and Lyft provide extensive liability coverage for drivers and passengers. Rideshare drivers need to obtain their own car insurance policies for when they aren’t using these services. However, when they’re using Uber or Lyft, the company will cover them regardless of whether a passenger is in the vehicle.

When a driver is using the app and is waiting or is en route to pick up a passenger, Uber and Lyft provide a maximum of $50,000 per person injured in an accident; $100,000 maximum injury liability per accident; and $25,000 property damage liability. When a driver has a passenger in the vehicle, Uber and Lyft extend their total liability coverage to $1 million.

Although Uber specifies that this coverage applies when the Uber driver is at fault for the accident, Lyft’s policy isn’t as clear. If you have trouble recovering a settlement from Uber or Lyft for your damages, you may need assistance from a car accident lawyer in San Diego.

What Should You Do When the Colliding Driver Caused the Wreck?

It’s possible that Uber or Lyft won’t cover your injuries if the colliding driver or a government entity is at fault for the collision. They may tell you to sue the at-fault party to recover a settlement for your damages. In this case, you must prove negligence occurred by gathering evidence such as witness testimonies, photographs, the police report, and medical records.

Hopefully, your driver can stand as a witness in your case. As a passenger, the blame won’t fall on you, but using evidence to support your case can help pinpoint who’s liable.

Maximizing Your Settlement as the Rideshare Passenger

Once you can name a defendant in your car accident lawsuit, you can increase your injury settlement by accounting for all your damages. It’s likely that your injuries have caused you to miss work during recovery, which can result in lost wages. You can claim this lost income in addition to medical expenses. You can also claim non-financial losses such as pain and suffering and emotional distress.

Consult a San Diego Car Accident Attorney

Being injured as a passenger in a rideshare accident can be more complex than a typical car accident case because you weren’t an active participant in the wreck. You may not have seen how the wreck occurred, so it’s important to have an experienced attorney investigate your case.

If you’re ready to fight for what you deserve, contact a San Diego car accident lawyer from The Kindley Firm, APC and discuss your case in greater detail. To schedule a free consultation, call us at 619-550-1313 or fill out the contact form below.

Can I Sue for an Electric Scooter Accident in San Diego?

Electric scooters have become popular in every San Diego neighborhood. With many companies trying to get into the profitable scooter market, the number of scooters is increasing. Although these scooters provide a convenient and cheap form of transportation for pedestrians, they have also proved to be dangerous with their high speeds and lack of regular maintenance.

If you were injured while riding an electric scooter, you may have grounds for a personal injury lawsuit. At The Kindley Firm, APC, we want to help riders who have experienced injuries because of someone else’s negligence. A San Diego electric scooter accident lawyer from our team can help investigate your case and determine who’s liable. Hopefully, we can win you a proper settlement.

Electric Scooter Laws in San Diego

Because electric scooters have been getting in a lot of accidents on San Diego streets, there have been new laws and regulations put in place to increase safety for both riders and vehicle drivers.

In beach areas such as Pacific Beach and Mission Beach, geofencing technology is being used to lower the speeds of the scooters to eight miles per hour on boardwalks as opposed to the original scooter speed of twelve miles per hour. In the Martin Luther King Jr. downtown promenade, geofencing will lower scooter speeds to three miles per hour.

The city has put in place another rule that applies to the parking of electric scooters. Only four scooters can be parked within a forty-foot area, which should prevent a previous issue of scooters piling up and becoming obtrusive.

All riders should know about the previous laws in place regarding electric scooters. You should never ride an electric scooter on a sidewalk, and you should follow all rules of the road when riding a scooter. Only one person can ride a scooter at a time, you must be over the age of sixteen, and you must wear a helmet.

How Electric Scooter Wrecks Occur

Even if you abide by all the electric scooter laws above, there’s still the possibility of getting injured on an electric scooter because of a scooter malfunction or because of a negligent driver on the road. Electric scooter companies have a responsibility to maintain the scooters they’re putting out on the street and vehicle drivers have a responsibility to remain aware of their surroundings at all times.

If you believe someone else was at fault for your scooter accident, it’s important to gather sufficient evidence and hold them liable in court. By doing so, you may recover compensation for any damages you’ve suffered.

Contact a San Diego Electric Scooter Accident Attorney

Although electric scooters are relatively new to the field of personal injury litigation, at The Kindley Firm, APC, we’re quickly becoming familiar with these types of cases because we want to help you in your time of need.

If you believe you have grounds for a case and want to fight for a settlement, reach out to a San Diego electric scooter accident lawyer from our team. To schedule a free consultation, fill out the contact form below or call 619-550-1313.

Attorney George Kindley Named Finalist in 2019 CEO of the Year Awards

The CEO of the Year Awards is an annual networking event held by the San Diego Business Journal to recognize some of the city’s hardest working and most exceptional leaders. The event also gives out awards in the categories of Rising Star, Nonprofit Organization, Business Nonprofit, Privately Held Company, Public Company, and Family-Owned Business.

According to the San Diego Business Journal, the CEO of the Year award finalists are “lauded for demonstrating determination and yielding huge successes for their organizations.” Not only have these finalists driven their businesses forward, but they’ve helped spur the local economy forward, as well. These individuals were nominated by judges experienced in both business and operations.

George Kindley of The Kindley Firm, APC, was named a 2019 finalist for the CEO of the Year award because his commitment to delivering honest legal representation stood out among other lawyers in San Diego. He has effectively helped numerous clients win settlements after being injured in accidents involving negligence, and the community is thankful to know they have his support when needed.

Reach Out to The Kindley Firm, APC

If you’ve been injured in an accident and you believe someone else was at fault, filing a lawsuit and holding the liable parties accountable can be the key to recovering the compensation you deserve. George Kindley from The Kindley Firm, APC has proven to his clients and his community that he’s trustworthy and skilled at his craft.

If you would like to discuss the details of your case with a member of our team, call 619-550-1313 or fill out the contact form below to schedule a free consultation.

How to Sue for a Construction Accident

When you get hurt in a construction accident while working, you should be protected under your employer’s workers compensation insurance. Usually, you’ll be required to file a claim through workers comp if you hope to obtain any coverage for your medical expenses or lost wages. There are circumstances, however, where you may be eligible to sue for a construction accident instead.

If you’re looking to sue for injuries you’ve suffered as a result of a construction accident, a San Diego construction accident lawyer from The Kindley Firm, APC can help you through the legal process. We’ll investigate your accident, assess your options, and negotiate on your behalf so that your claim is maximized and all liable parties are held accountable.

When You’re Allowed to Sue Your Employer

There are specific situations in which you’ll be able to sue your employer instead of filing a claim for workers compensation. You’ll need to be able to prove that your employer’s negligence was deliberate if you hope to sue them. Some examples of blatant negligence in a construction accident can include physical abuse or forcing employees to work in unsafe conditions.

Third-Party Negligence

You can also file a private lawsuit after a construction accident if you suffered injuries because of third-party negligence.

For example, if you were injured because of a product defect on the construction site such as a nail gun or mechanical saw malfunction, you can sue the product manufacturer for negligence. You can also sue a third-party, such as a machinery manufacturer, if you’re injured by faulty machinery.

Damages You Can Recover in a Construction Accident

When you file a private lawsuit in a construction accident, you’ll be able to obtain compensation for all of the damages you’ve suffered, whereas workers compensation only accounts for your medical expenses and lost wages. Both economic and non-economic damages will be examined by your construction accident lawyer in San Diego.

Economic damages may include medical expenses, lost wages, and property damages. Non-economic damages may include pain and suffering, loss of enjoyment of life, scarring and disfigurement, emotional distress, and loss of consortium.

Reach Out to a San Diego Construction Accident Attorney

When you are injured in a construction accident, obtaining compensation can be a complex process. Your employer may insist that you file a claim through your workers compensation insurance, but if you know that your claim is eligible for a lawsuit, then it’s important to not settle. A lawsuit will help you obtain the rightful compensation you deserve for all of the damages you’ve suffered.

At The Kindley Firm, APC, we strive to help injured workers recover as quickly as possible. When financial stress is eliminated, recovery becomes easier. We’ll do our best to negotiate on your behalf in the courtroom so that, when you walk away from your case, you feel satisfied with the outcome.

If you’re ready to speak with a San Diego construction accident lawyer about your case, fill out the contact form below or call 619-550-1313 to schedule a no-obligation consultation.

How to Seek Compensation when a Child Is Injured in a Car Accident

If you were in a car accident and your child was injured, it can feel more painful than experiencing injuries of your own. A child is extremely vulnerable, both physically and emotionally, and has no way to fight for their rights in court. Thankfully, you’ll be allowed to file a personal injury lawsuit on your child’s behalf.

A San Diego car accident lawyer from The Kindley Firm, APC, can investigate your car accident and ensure all at-fault parties are held responsible for any injuries you and your child have suffered. If both you and your child experienced injuries, two separate lawsuits can be filed for compensation. This will maximize the settlements you receive and reduce financial stress on your family.

Filing a Lawsuit on Behalf of Your Child

When you file a lawsuit on behalf of your child, the case will work very much like your own personal injury lawsuit, except you’ll be speaking on behalf of someone else. If your child is old enough, they can testify in their own case, but if not, you can do the talking.

The evidence brought forth in this case will be relevant to your child’s injuries and your personal injury lawyer can show the judge and jury how your child has experienced pain and suffering from the accident because of the defendant’s negligence.

Determining Who Was Responsible

When trying to pinpoint who was at fault in your car accident, your attorney will use any tangible evidence such as police reports, medical records, photographs, video footage, and witness testimonies to examine how the accident happened and who may have contributed to the damages.

Negligence in car accidents is usually due to distracted driving, driving under the influence, speeding, or disobeying the rules of the road. There may be other parties at fault in your car accident in addition to the colliding driver. For example, if the colliding driver experienced a car malfunction, the manufacturer of their vehicle can be held liable.

Damages Children Can Recover in Car Accidents

Children can recover the exact same damages that adults can, as long as they have experienced legal representation fighting on their behalf. Economic damages that they can recover may include medical expenses from their injuries; and non-economic damages may include pain and suffering, loss of enjoyment of life, and emotional distress.

Contact a Car Accident Attorney in San Diego

Just because a child isn’t an adult doesn’t mean they don’t have a right to compensation for their suffering. It’s important to seek out an attorney who will fight for both you and your child’s rights in the courtroom. At The Kindley Firm, APC, we’ll negotiate on your child’s behalf and ensure your family is compensated properly so that you can feel a sense of closure after your accident.

To speak with a San Diego personal injury lawyer about your child’s case in greater detail, call 619-550-1313 or fill out the contact form below for a free consultation.