As ride sharing with companies like Uber continue to be popular, passengers and motorists, unfortunately, find themselves in accidents for different reasons. Whether it is due to speeding, distracted driving, or a poorly maintained vehicle, a ride share accident is no pleasant experience. If you have been injured because of a Uber or Lyft driver’s negligence, you may be eligible for compensation under Georgia law.
You shouldn’t have to pay for your medical care and other expenses resulting from an accident that wasn’t your fault. A reputable Gwinnett Uber accident lawyer will be able to help you seek the settlement you deserve.
The Gwinnett car accident lawyers at The Herro Law Firm have years of experience in this field and will aggressively fight for your rights. Simply call us at (404) 433-6876 to get started!
Ride share Accident Statistics
Ride share services, particularly Uber and Lyft have become extremely popular in the past decade. According to research conducted by the University of Chicago Booth School of Business, services like Uber have led to a 3% increase in fatal auto accidents since 2015. Reports also showed that about 1,000 auto accidents that happen on a daily basis are associated with the prevalence of Uber and Lyft cars on the road.
According to an Uber Safety Report, between 2017 and 2018, Uber cars were involved in 97 fatal crashes, which led to 108 deaths. Uber and Lyft accidents have proven to be persistent with a steady increase. Sadly, accidents happening at the drop and pick-up locations have also been on the rise.
People who live in the city are at a higher risk and the primary cause of these accidents has been drivers spending considerable time on the road and ignoring traffic rules.
What Are the Common Types of Ride share Accidents?
There are different types of Uber and Lyft accidents including:
- Passenger injury following an Uber driver’s negligence
- Passenger injury due to another ride share driver’s negligence
- 3rd party injury due to a ride share driver’s negligence
- Property damage due to a ride share driver’s negligence
- Uber driver injury because of their own negligence
- Uber driver injury due to another motorist’s negligence
- Passenger and driver injury due to a faulty or malfunctioning car part
Who Can Be Held Responsible for a Ride share Accident?
Auto accidents are not uncommon, particularly on highways. Typically, drivers are at fault, usually due to overlooking traffic rules. However, the drivers are not always the ones to blame. Parties that can be held liable for an Uber accident include:
Ride share Driver
An Uber driver can be held liable if they behaved in a careless manner or overlooked the traffic laws. In such a case, you should file a lawsuit against them. If the incident involved two ride share drivers, the driver who caused the accident can be held liable for the injuries and damages.
Ride share Companies
Ride share companies can also be held liable for the actions/inactions of their drivers. This includes situations where the driver got into an accident while going to pick up a passenger or while driving a passenger.
Technically, these companies are independent contractors, meaning there’s the potential for them to avoid these claims. Regardless, they are tasked with protecting the interests of their clients.
Ride share companies are mandated to do extensive background checks to make sure they hire certified and reputable drivers who will not put the lives of clients in danger through kidnapping, robbery, assault, battery, driving under the influence, rape, or sexual assault. If any of these incidents happen, the ride sharing company is held liable for the passenger’s injuries.
Related 3rd Parties
A 3rd party like a pedestrian, another driver on the road, or a motorcyclist could also cause an accident. In such cases, you can file a claim against the third party at fault or their insurance provider. You can also file a lawsuit against the car and vehicle parts manufacturers if defective parts were the cause of the accident.
How Do Uber Accident Cases Differ From Conventional Auto Accident Cases?
Nowadays, we use Uber for an array of reasons. Perhaps you have had too much to drink, or have had a long day at work and need the means to get home safe. However, this is not always the case and accidents happen.
You can only seek settlement for an Uber accident from the party at fault, similar to a typical auto accident case. However, the insurance aspects for Uber accidents are different. The coverage depends on whether the motorist was using the application and the ride sharing company has a $1 million policy limit.
Does Uber Have a $1M Insurance Policy for Car Accidents?
Yes, Uber does have a $1M insurance policy, but it’s determined by the motorist’s activity. If the driver was offline and not using the application when the accident happened, the policy doesn’t apply. In this situation, the driver’s personal auto insurance covers the damages.
If the accident occurred when the motorist was online and waiting for a request, their personal insurance covers the damages and Uber provides additional coverage where the driver’s auto insurance does not apply.
If the driver was online and en route to pick up a client or was transporting them and an accident occurs, then the $1 million insurance policy comes into play. This policy covers injuries and property damages sustained by passengers and other parties.
What Type of Compensation Am I Eligible for in an Uber Accident?
If you sustained an injury in a ride share accident in Gwinnett that wasn’t your fault, you may be entitled to the following types of damages:
These cover your financial losses. Examples include medical expenses, lost income, lost earning capacity, and repair or replacement costs.
These entail damages that can’t be quantified including emotional distress, pain and suffering, reduced quality of life, scarring or disfigurement, anxiety, depression, etc.
These are not designed to compensate you, but rather to discourage reckless actions. Punitive damages apply in cases where the party at fault was extremely negligent or reckless.
Should You Accept a Settlement Offer?
Following an Uber accident, never accept a settlement offer without consulting an Uber accident attorney first. The party at fault and the insurance carrier will almost certainly attempt to give you a quick settlement offer, usually before you figure out how much you deserve.
Accepting a settlement as soon as it is offered may work against you down the line. Work with a seasoned Gwinnett Uber accident lawyer as they will be able to figure out exactly how much you deserve.
Also, bear in mind that accepting a settlement offer frees the party liable from further liability. So, if your doctor makes a costly diagnosis after the settlement, you’ll have to raise the money on your own if the settlement wasn’t sufficient.
How Much Does a Gwinnett Uber Accident Attorney Cost?
Fortunately, Uber accident lawyers in Gwinnett and across Georgia operate on a contingency basis. This means there are no upfront costs and your attorney only gets paid if they win your case. This allows you to make a claim without the hurdles of legal fees.
Are There Time Limits for Uber Accident Claims in Georgia?
The state of Georgia has a statute of limitations for Uber accidents, which is 2 years from the date of the accident. Failure to observe this deadline means you won’t have legal grounds to seek compensation.
Why Should I Hire a Gwinnett Uber Accident Lawyer?
The work of a lawyer is to ensure your rights are protected and ascertain a smooth claims process. A Gwinnett personal injury lawyer will help you in the following ways:
Uber accident lawyers are adept at the current laws and procedures in this field. They know how to handle defenses that could otherwise disqualify you from compensation. They gather the necessary evidence to prepare a solid case on your behalf.
Insurance carriers will always seek to protect their bottom line and attempt to pay a lower amount than you deserve. Your lawyer will have your best interests in mind and negotiate aggressively to ensure you get a fair settlement offer.
Trial Preparation and Representation
Not all negotiations go smoothly and in such a case, you may need to take your case to trial. You may not be familiar with the legal system, but a lawyer is and will be able to prepare a solid case and properly represent you in court.
Hire an Uber Accident Attorney in Gwinnett GA!
While we use rideshare services primarily for safe drives, this is not always the case and accidents do happen. Studies have even shown there has been an increase in total accidents due to ride share companies. When an accident happens, the party at fault needs to be held liable.
However, cases surrounding uber accidents are not straightforward. They come with insurance technicalities that the average person may not be able to comprehend, especially when nursing their injuries. That’s why it is important to have a seasoned Uber accident lawyer by your side.
Our team at The Herro Law Firm is here to help if you have been the victim of an Uber accident in Gwinnett, Georgia. Seek the compensation you deserve by calling (404) 433-6876 today!