Get Help from an Atlanta Uber Accident Attorney
Ridesharing has become a popular way to get around Atlanta. Unfortunately, the number of motor vehicle accidents involving rideshare operators has also increased in recent years. Whether you were in a vehicle that was hit by a negligent Uber driver, or you were a rideshare passenger, you have the right to pursue a claim for compensation following an accident. The process, however, can be more complicated than a traditional personal injury lawsuit.
With Uber and Lyft accidents, there often are multiple insurance policies that cover you and the other parties involved in the crash. Navigating these insurance issues on your own can be difficult, but Mabra Law is here to help. Contact our Atlanta Uber accident attorney team as soon as possible to discuss your options during a free consultation.
What is My Uber Accident Case Worth?
It is natural for someone injured in a collision with an Uber driverto wonder what their case might be worth. There are many factors that go into determining what amount—if any—a person ultimately recovers through an injury accident lawsuit. An attorney cannot guarantee a specific outcome, but they can answer questions about the types of damages that might apply. Some of the types of compensation a plaintiff could recover include the following:
Medical Expenses
Sudden, unexpected medical bills can be overwhelming for most people. The cost of emergency care—including hospitalization and ambulance transportation—can cost thousands of dollars. These expenses, however, often are a fraction of the expenses related to ongoing treatment. You might be entitled to financial compensation for costs associated with physical therapy, surgery, pain management and follow-up care, among other things.
Lost Wages
In many Uber accident injury cases, recouping lost wages is crucial. It is common for someone recovering from a car crash injury to be unable to return to work right away. The loss may even be their only source of income. A successful lawsuit could compensate you for the wages you missed out on during your recovery from an Uber accident. Depending on the circumstances, you could recoup both past and future lost wages.
Pain and Suffering
Your physical pain may also provide you with the basis for financial compensation. After all, your injuries would not have occurred if it were not for the negligence of the Uber driver. It is only fair that you are compensated for this pain.
Pain and suffering is a common part of a personal injury settlement. You can establish how your pain has impacted your life by showing the insurance company how you are no longer able to participate in certain activities or meet basic daily needs. Some juries base your pain and suffering awards on the extent of your medical bills.
Property Damage
In addition to your physical injuries, you might also have a case for compensation based on your damaged property. Typically, this involves the damage to another driver’s vehicle. In that situation, you could be entitled to compensation based on the cost of repairing or replacing your car. If you were the passenger of the Uber driver, you could likewise make a claim for damage to items such as eyeglasses, smartphones or laptop computers.
Diminished Future Earning Power
If your injuries result in a lasting physical condition that limits the type of employment you can perform, it can have a harmful effect on your future earnings. You could be entitled to damages based on lost future income, even in cases where you can still return to the workforce in some capacity. These damages are the difference between what you could have earned in the future if the injury had not happened and your potential earnings now.
Mental Anguish
The emotional turmoil of a debilitating motor vehicle accident can last longer than the physical injuries resulting from a crash in some cases. For some people, it can be an emotional struggle to even enter a motor vehicle again after being hurt in an accident. Compensation may be available for this mental anguish.
Who is At Fault for an Uber Accident in Atlanta?
Like with any motor vehicle crash, determining fault is an important step toward securing financial compensation. You are only entitled to a monetary award if you can show that the negligence of another person led to your injuries. These cases may include an Uber driver who collided with your vehicle or the driver of an Uber in which you were the passenger.
Four elements must be proven to establish that an Uber driver was negligent. Failing to establish even one can make it harder to recover the compensation you deserve. The four elements include duty, breach, causation and damages.
- Duty. First, you will need to establish that the Uber driver had an obligation to take reasonable steps that would prevent you from being harmed. All drivers owe a duty to drive safely, so this factor is rarely contentious.
- Breach. Once the duty of care is established, the next step involves proving it was breached by the Uber driver. This can involve evidence of careless, reckless or intentional behavior that led to an accident. Some examples include speeding, failing to yield, distracted driving or driving while intoxicated.
- Causation. Causation is the name for the link between your injuries and the Uber driver breaching their duty of care. This element exists to prevent plaintiffs from recovering compensation for harm that was not caused by the defendant.
- Damages. The final of these four elements is damages. Even if the other elements are met, you must be able to show that you sustained compensable losses in an accident. Some examples could include medical bills, pain and suffering or vehicle damage.
An Atlanta Uber accident attorney from Mabra Law could help you establish each of the elements of negligence in your case.
Evidence Used to Determine Liability in an Uber Accident
It is not enough to blame the Uber driver who struck your vehicle or who was hired to safely drive you. To recover fair compensation for your injuries, you will need to provide the court with evidence for each of the elements of negligence. At Mabra Law, our attorneys understand how to build a winning case on your behalf.
When we take on these cases, the process of investigating the accident begins immediately. This usually begins with a careful evaluation of the accident report. Our team will look at all of the relevant factors, from the weather to the time of day. We will also review any statements made by the parties or neutral witnesses to determine how the crash occurred.
When it comes to proving fault, some of the strongest evidence available comes in the form of photographs and videos. In some situations, dashboards or business security cameras will capture the accident as it happens. This is powerful evidence, as it allows the jury to see the crash exactly as it occurred. Other evidence that could be used to establish fault includes the following:
- Witness statements
- Accident reconstruction expert testimony
- Photographs of the scene
- Cell phone records
- Photographs of the vehicles
- Party admissions
- Police reports
In addition to making the case for fault, your attorney also will need to show what your claim is worth. Determining the value of an Uber accident injury lawsuit can involve the use of documentary evidence, including medical bills or records. For property damage claims, you could rely on documents such as vehicle repair bills or estimates.
Your own testimony could play a part in securing the compensation you deserve. For example, you could explain to the court how the pain and suffering you experienced in your accident has impacted your quality of life. Our team of attorneys is prepared to guide you through this process.
Can I Sue Uber?
Being struck by a car with an Uber sticker in its window might not be enough to make it liable for your injuries. Uber considers their drivers to be independent contractors, not employees. That distinction is important, as it can prevent you from holding the company accountable for the negligence of their driver.
There are challenges that can prevent some parties from suing Uber directly. The law works in their favor in many cases by treating drivers as independent contractors instead of employees. This might shield Uber from liability in many cases, but it is worth it to discuss your options with an attorney. Our firm could review the facts to see if Uber’s negligence played any part in causing your injuries. For example, we could investigate to determine if Uber should have known that allowing the driver who struck you (or drove you) to operate an Uber was an unreasonable risk. Never assume you do not have a viable claim for compensation without first speaking to an attorney.
How Uber Insurance Coverage Works
Even if a lawsuit against Uber is not an option, you may have a viable claim through their insurance policy. State law requires that rideshare companies provide supplemental liability insurance for their drivers. This is important, as the policy limits carried by a driver might not be enough to pay for the full value of your claim.
The rules regarding Uber insurance coverage are complex. Drivers are divided into three stages, and the benefits available through the policy differ across each stage.
When the Driver’s Uber App is Off
When an Uber driver is not using the app to look for rides and does not have a paying passenger in their vehicle, Uber is not obligated to provide them with any insurance coverage. These drivers are treated as operating their vehicle for their own purposes. That means if they are in an accident, only their personal policy will cover the crash.
When the App is On But There Are No Passengers
Uber’s insurance policy can come into play as soon as the driver begins to use the mobile app. Typically, the negligent driver must first exhaust their liability coverage before Uber’s policy will cover the difference. The policy limits in this scenario include the following:
- $50,000 per person for bodily injuries
- $100,000 per accident for bodily injuries
- $25,000 for property damage
It is important to remember that the benefits available through this policy are much higher once a driver accepts a ride from a paying customer.
When The Driver Has Accepted a Passenger
The highest tier of coverage applies the moment a driver is connected with a rider, and it remains in place until that person is dropped off safely at their destination. In this scenario, Uber’s policy will pay up to $1 million for bodily injury and property damage claims. These benefits could apply to Uber passengers as well as the drivers of other vehicles.
Reporting an Accident to Uber as a Passenger
While the law requires drivers to notify law enforcement following accidents with injuries or property damage, there is an additional step for passengers who have been hurt in rideshare collisions. If you were an Uber passenger who was injured in a crash, it is important to notify Uber as soon as you can do so safely.
This process begins with the Uber app. In the section where you are able to leave a review for your trip, there is an option marked “I Was Involved In An Accident.” Selecting this option puts Uber on notice that there was a collision, and the company will email you an Incident Report Form.
Before you complete this form on your own, it is a good idea to seek guidance from an attorney. This form will be submitted to Uber’s insurance carrier, making it important that it does not include any information that could be taken out of context. Our Atlanta Uber accident attorney team can advise you on all of your options for seeking compensation.
What Does an Uber Attorney Cost?
There are a lot of things to consider in the aftermath of an accident. If you were injured through no fault of your own and are too hurt to work, it can have a dramatic impact on your finances.
When you work with the Atlanta Uber accident attorneys of Mabra Law, we handle your case on a contingency fee basis. This approach allows us to pursue your claim without the need for any upfront legal fees. Instead, we keep a percentage of what we recover on your behalf as payment for our services.
This is a win-win situation for you as a personal injury victim. If we are successful, you recover fair financial compensation following an Uber accident without paying anything to your legal team out of your own pocket. If we are unable to recover damages in your case, you will never owe us a dollar for our work.
You Can Learn a Lot From a Free Consultation
It is understandable if you have a lot of questions about your rights following an accident with an Uber driver. Who am I allowed to sue? What is my case worth? Do I have to file a claim with my own insurance company? The good news is that you will get answers to these questions during a free consultation.
An Atlanta Uber accident attorney at Mabra Law is prepared to discuss your case and advise you of your options during a free initial consultation. This is your opportunity to not only learn about the strengths of your claim but also the personal injury process in general.
These consultations come with no strings attached. You are never obligated to hire our firm after meeting with us. That said, we are confident our experience and skill will be obvious after you have a chance to discuss your options with the attorneys of Mabra Law.
What To Do After a Rideshare Accident
The steps you take after a collision with an Uber driver are important. Some actions can improve your prospect of making a full recovery while others can strengthen your potential personal injury claim. Alternatively, certain missteps could put a settlement in jeopardy. The following steps are important in the moments, days and weeks following an accident with an Uber driver.
Contact the Police
Your first call following an accident with an Uber driver should be to the police. The law requires that you notify the authorities of a collision when it involves bodily injuries, death, or substantial property damage. When you contact the police, they will appear at the scene of the crash and make a report. You have the opportunity to request a copy of the report in the future to ensure the information is correct. Failing to stay at the scene can not only hurt your case, but it is also a crime. If you are the passenger in an Uber accident, it is a good idea to ensure that the police report reflects that you were in the vehicle and that you were a rideshare passenger.
Seek Medical Treatment
It is a good idea to seek medical treatment for any injuries as soon as possible—even if they seem minor at first. The human body’s response to traumatic accidents is often to mask pain, so your injuries could be much worse than you realize at first glance. In the hours or days after the crash, the pain could increase dramatically. By seeking medical care right away, you could reduce the risk of your condition worsening.
Document the Scene
If your health allows for it, documenting the scene of the accident could provide your legal team with valuable evidence. This can include taking photos of the crash site before the vehicles are moved. You can also take pictures of the other car to make a record of the extent of its damage.
One of the most important things you can do is seek out a statement from any neutral witnesses who were present. The testimony of independent witnesses is invaluable in these cases, as they have no reason to favor one driver over the other. Taking down their contact information could be a tremendous benefit for your case in the future.
Follow Your Treatment Plan
Seeking a doctor in the aftermath of your accident is only the first step towards recovery. If your doctor prescribes an ongoing plan for your care, it is vital that you follow it. Failure to comply with these recommendations could result in your injuries worsening or even becoming permanent health complications.
Not only is following your treatment plan important for your health, it can also be crucial for your personal injury case. You have an obligation to mitigate your damages, which means to prevent your injuries from worsening unnecessarily. If you fail to do so, you might not be able to recover the full cost of your medical care.
Talk to the Attorneys of Mabra Law
Arguably, the most important step you can take is reaching out to an Atlanta Uber accident attorney. The team at Mabra Law is experienced with pursuing injury cases against rideshare drivers, and we look forward to doing the same for you. We can advise you of your options, answer questions about the process, and help you pursue justice. Learn more about the experience of being a client at Mabra Law and read what our clients have to say.
Let Us Help You Pursue Justice: Speak with an Atlanta Uber Accident Attorney for Fee
The prospect of dealing with these accidents can be overwhelming, especially if you have never been involved in a personal injury claim before. The good news is that you never have to undertake these challenges on your own. An Atlanta Uber accident attorney could not only help you seek justice, but they could also provide you with the peace of mind that comes with relying on seasoned legal counsel.
Let the team at Mabra Law serve as your advocates. We understand how important your case is, and we will fight tirelessly to help you get the outcome you deserve. Contact us today for a free consultation.