Our Atlanta Rideshare Accident Attorney Team
In recent years, rideshare companies such as Uber and Lyft have become a fixture in Atlanta. These services have become popular due to their low cost, ease and convenience. As the companies have grown, so have the number of rideshare drivers on the road. Unfortunately and to no one’s surprise, the number of accidents involving rideshare vehicles also has increased.
If you were hurt in a collision with a rideshare driver, now is the time to seek legal counsel. The team at Mabra Law is ready to help you fight for fair compensation for your injuries. A successful settlement could address your physical, emotional, and financial needs. Contact an Atlanta rideshare accident attorney right away to learn more.
Can I Sue Uber or Lyft?
When another person is responsible for your accident, you have the right to sue them for damages. The same is true for the employer of the driver in many situations, as long as they were acting within the scope of their employment at the time of the collision. Unfortunately, that does not mean Uber or Lyft will be viable defendants in a personal injury case.
These companies treat their drivers as independent contractors, not employees. Their position is that they only arrange for rides between drivers and passengers and do not employ any of the vehicle operators. This distinction is important. In many situations, the law does not allow you to sue an employer of an independent contractor.
There are times, however, when the company could be so negligent in their hiring processes that they might share the responsibility for a crash. Before you assume there is no avenue for pursuing legal action against the company, talk to an Atlanta rideshare accident attorney.
It is also worth noting that suing the rideshare company is only one path to financial compensation. You still have the right to seek damages from the negligent driver, and you might be able to make a claim against an insurance policy owned by the company.
Rideshare Insurance Policies Might Pay For Your Damages
Even if filing a lawsuit against a rideshare company is not an option, you may be able to file a claim against the company’s insurance policy. State law requires these companies to provide liability coverage to their drivers in many situations.
Rideshare companies are required to provide as much as $1 million in coverage for bodily injuries and property damage, but it is important to understand how these policies work. They are secondary, meaning that this coverage only kicks in when the at-fault driver’s policy reaches its limit. This happens frequently, as individual policies often include policy limits well below the cost of a car accident.
What’s more, the maximum benefits provided under an Uber or Lyft policy will depend on the situation. Drivers are not covered at all times, and maximum benefits are only an option when a driver has an active fare.
Off-Duty Drivers
Drivers are considered to be off-duty when their mobile app is not active and they are not transporting a passenger. In these situations, they are driving for their own purposes and not looking to pick up riders. The rideshare company’s insurance policy is not in effect in these situations. You still have the option to seek justice against the driver or other negligent party, however.
On-Duty Driving Waiting for Ride Requests
The rideshare company might be required to provide insurance coverage if the accident involves a driver who has activated their mobile app with the intention of picking up a passenger. During this period, the rideshare company provides a limited amount of liability coverage, which remains in place until the driver shuts down their app or accepts a ride. The policy limits at this stage include:
- $50,000 for bodily injuries per person
- $100,000 for bodily injuries per accident
- $25,000 for property damage per accident
On-Duty Driver with a Passenger
The rideshare company’s coverage maximum increases substantially after a driver accepts a ride with a passenger. The higher coverage kicks in the moment this ride is confirmed as opposed to when the individual is picked up. Coverage remains in place until the passenger is dropped off at their destination. During this time, the rideshare companies offer up to $1 million in liability, comprehensive and uninsured motorist coverage. These claims can be filed by other motorists struck by the driver or even passengers of the rideshare vehicle.
What Damages Are Available?
Your Atlanta rideshare accident attorney can evaluate your case to determine the types of compensation you might be entitled to recover. While it is impossible to predict with certainty what your claim is worth, having a clear picture of the categories of compensation you could recover might be useful. If your lawsuit is successful, you could recover some of the following types of damages from the at-fault party.
Medical Expenses
Serious injuries can result in sky-high medical bills. In fact, even relatively minor injuries could lead you to be overloaded with medical debt. When the accident occurred through no fault of your own, you should not be on the hook for the cost of your care.
The good news is that you might be entitled to damages that would cover your current, past and future medical needs. This includes surgical procedures, prosthetics, pain management, hospitalization, physical therapy and other medical treatments.
Lost Wages
You can find yourself in a dire financial situation if your injuries make it impossible for you to earn a living. Missing days, weeks or months at your job can cost you the primary source of your income. Fortunately, recouping lost wages could be possible through a personal injury lawsuit. Our firm can demonstrate to the court what you should have earned had you not been hurt.
Diminished Future Earnings
Some people never fully recover from the injuries they sustain in a rideshare accident. While these individuals may be able to return to the workforce in some capacity, they are often limited in the type of work they can perform.
In some cases, a person may no longer be able to physically perform the role they held prior to the accident. This can, in turn, result in a reduction of future earnings that would not have happened but for the injury. You could recover damages based on the difference between what you are likely to earn and what you might have made had you never been hurt in the accident.
Property Damage
In addition to your physical injuries, you may also be entitled to compensation based on property damage. For most people, this involves damage to their vehicle. You might also have a claim related to valuable items such as eye glasses, phones, laptops, tablets or watches that were damaged in the crash.
The insurance companies may offer to either repair or replace your property. This depends on the cost of the repairs compared to the expenses of replacing the property entirely.
Pain and Suffering
Your physical pain could also serve as the basis for a monetary award. While subjective, juries frequently award damages based on the suffering a plaintiff endured. It can be difficult to put a dollar amount on these claims, given that everyone experiences pain differently. In some cases, the court might award damages as a multiple of your medical bills. That means the higher the cost of your medical care, the more your pain and suffering damages might be.
How an Atlanta Rideshare Accident Attorney Can Help
You are under no obligation to hire an attorney to assist with your personal injury claim. That does not mean acting as your own legal counsel is a good idea, however. The responsible parties are supported by their insurance company, and rest assured, the insurance companies rely on their attorneys.
The team at Mabra Law is here to level the playing field. We have a long track record of success when it comes to facing off with the insurance companies, and we look forward to using our skill and experience in your case. Some of the ways we can help include the following:
Conduct a Thorough Investigation
The first step is to get to the bottom of how your accident happened. We use a wide range of resources including your statement, the police report, and any evidence we are able to recover. We will carefully evaluate any photos or videos of the accident or the scene to determine who was at fault. We also will determine if the rideshare driver was on duty at the time of the crash.
Untangle the Issue of Insurance Coverage
Questions regarding liability insurance in a car accident can be complicated under the best circumstances. These issues may be even more difficult to resolve when a rideshare company is involved. We can take the lead on identifying what kind of coverage each party has, including whether or not the rideshare company policy is available. This is an important first step towards getting the settlement you deserve.
Serve as Your Advocate
You can expect to be inundated with phone calls and letters immediately following a car accident. The other driver’s attorney or insurance adjuster is likely to reach out in an effort to resolve your case. We can handle all of the communication regarding your accident so that you don’t have to. Not only does this save you time and effort, but it also reduces the risk of having the insurance company twist your words or take them out of context. Instead of talking about your accident constantly, you can forward these calls to us.
Calculate Your Losses
Before we can work to resolve your case, we need to determine what it is worth. This starts with reviewing your medical records and identifying the cost of your case—both past and future. We can also compile other evidence of your damages, including vehicle repair estimates.
Negotiate a Settlement
Following a rideshare collision, it is not uncommon for insurance companies and their adjusters to aggressively push low offer. Sometimes they might refuse to settle. Our team has many years of experience negotiating with insurance companies, which can be invaluable to your case. Often, we are able to resolve your claim without filing a lawsuit. We can work with the other side to get the best possible outcome for your case.
Litigate Your Case as Needed
While many of these cases ultimately will conclude through a negotiated settlement, some plaintiffs will need to go to trial to secure the compensation they deserve. Our team can file a lawsuit on your behalf and ensure you are prepared for the process. We handle every aspect of litigation, from preparing evidence to identifying possible witnesses. While we move forward with litigation, we continue looking for opportunities to resolve your case through settlement.
How Rideshare Accidents Happen
Any number of factors can combine to result in a collision with a rideshare driver in Atlanta. While the underlying cause of accidents involving rideshare drivers is likely the same as any other crash, there are some unique factors to consider.
Rideshare drivers frequently are sent across every corner of Metro-Atlanta, even in parts they are not familiar with. The risk of causing an accident increases when driving in an unknown area, facing unfamiliar scenarios and landmarks, such as one-way streets.
Drivers also face numerous distractions. They are simultaneously operating GPS navigation and the rideshare mobile app while driving. They may also become distracted by looking for an unfamiliar street address or searching for or communicating with a waiting passenger.
In addition to these complications, drivers in Atlanta face a range of other hazards. Some of the factors that can cause an accident include:
- Driving while impaired by alcohol or drugs
- Speeding
- Failing to yield the right-of-way
- Fatigue
- Tailgating
- Dangerous weather
- Mechanical defects
- Failure to signal
Getting to the bottom of how a collision occurred is important, as it can provide an Atlanta rideshare accident attorney with a clear picture of who was at fault.
How Much Time do I Have to File a Lawsuit?
You have a limited amount of time to file a lawsuit following a rideshare accident. The deadline that applies to your case—the statute of limitations—is aggressively enforced in most cases. Should you file your lawsuit after the deadline expires, you can expect the defendant to immediately seek a dismissal with prejudice.
Having your case dismissed with prejudice means your opportunity to recover compensation is over. Not only does your current lawsuit come to an end, but any chance for filing a new one is gone for good. This is true no matter how strong your underlying claim for compensation might have been.
In Georgia, plaintiffs have two years from the date of their accident to file a lawsuit. There are limited circumstances that will allow you to toll—or pause—the exhaustion of the time limit. This is usually only possible when the plaintiff is a juvenile or the defendant has engaged in fraud.
There are some circumstances that might also reduce the amount of time you have to file a lawsuit. If you believe a government entity is partially to blame for your rideshare accident, the window of time to bring legal action against them is much shorter. Given these concrete deadlines, seeking the guidance of an Atlanta rideshare accident attorney from Mabra Law may be crucial.
Useful Evidence in Rideshare Accident Cases
When you hire an Atlanta rideshare accident attorney, it is their job to build the strongest case possible. In order for you to recover financial compensation after a crash, you must be able to prove that the defendant was negligent. This can involve an array of evidence discovered shortly after the collision itself. Some examples include the following:
- Dash camera footage of the accident
- Photos of your damaged vehicle
- Photos of the accident scene
- Police reports
- Witness statements
- Expert testimony
Additionally, you will need proof of your damages. It is not enough to show someone else was at fault for an accident. You must also make a case for the fair compensation that you are owed. Some of the evidence used to determine your damages includes:
- Medical bills
- Vehicle repair invoices
- Photos of your injuries
- Journal entries
- Testimony regarding your pain
- Employment records
One of the benefits of hiring Mabra Law is that we understand what goes into a winning personal injury case. We are familiar with the unique aspects of being struck by a rideshare driver, and we know what it takes to hold the negligent party accountable.
We are Proud to Provide Affordable Legal Representation
In the aftermath of a rideshare accident, it is important to have counsel you can rely on. This is true no matter what your financial situation us. At Mabra Law, we believe you deserve the chance to pursue a personal injury claim without worrying about upfront legal fees.
We handle rideshare accident cases on a contingency fee basis, which means that our fee will be paid out of what is collected on your behalf. We can get to work right away and you will pay nothing out of pocket. You also will bear none of the financial risk in your case. If, in the rare event that we are unsuccessful, you will not owe us anything. If you aren’t compensated, neither are we.
Get Your Questions Answered During a Free Consultation
The aftermath of a serious vehicle accident can be a confusing time. This is especially true when the other driver involved in the collision was working for a rideshare company at the time of the crash. It is important that you get answers about your legal rights and responsibilities as soon as possible after your accident.
Mabra Law understands the stress and worry that you are dealing with. For that reason, we offer free consultations to anyone injured in a collision with a rideshare driver. This is an opportunity to not only learn about what your case is worth but also what to expect from the process.
It is in your best interest to make the most of your free consultation. To ensure you get the chance to ask every pertinent question, it is a good idea to write them down beforehand. Some useful questions include:
- Do you only practice personal injury law?
- How many lawyers will handle my case?
- What is my case worth?
- Have you ever handled a lawsuit involving a rideshare driver?
- What strategy did you use?
- How did that case turn out?
- How much trial experience do you have?
Let Mabra Law Help – Call an Atlanta Rideshare Accident Attorney Today
While being injured in a car accident is always an unfortunate event, navigating the system with a rideshare driver can be especially frustrating. From dealing with multiple insurance policies to fending off aggressive insurance adjusters, you don’t need to go it alone.
Let the team at Mabra Law help. Our Atlanta rideshare accident attorney team has a long history of securing compensation on behalf of our clients. If you are ready to learn more about the value of your case, reach out right away. Contact us for a free consultation to get started.