Sadly, rideshare drivers can cause car accidents just like other motorists. It is crucial to call the police whenever you are involved in an Uber accident. Police help in determining who was at fault in the accident. They also assist in giving information to the insurance to determine who deserves compensation.
The driver is at fault and needs to compensate you in most cases. However, it’s best to hire a skilled Marietta car accident lawyer who regularly handles Uber accident cases. Cases involving rideshare companies are often complicated.
You do not need to struggle trying to act as your attorney. Our lawyers at Diaz & Gaeta are here to help you. To reach an Uber accident lawyer in Marietta, call us at 678-329-9084. We are ready when you are. Get your free consultation today!
Uber and Lyft Accident Statistics
Rideshare services have become very popular today. According to a study by the Univerity Chicago Booth School of Business, rideshare companies have caused a 3% increase in car accidents since 2015. Studies have also claimed that nearly 1,000 car accidents that happen daily are associated with the increase of Uber and Lyft on the road.
In 2017 and 2018, Uber vehicles were responsible for 97 fatal accidents according to an Uber Safety Report. These accidents led to 108 deaths. 58% of these individuals were third-party drivers or passengers, 21% were riders, and 21% were drivers.
Rideshare accidents are proving persistent and showing some steady increase. Unfortunately, accidents occurring at the drop and pick-up units are also increasing. Studies have suggested that most rideshare-related accidents are due to drivers who spend considerable time on the road.
Users who lived in the city were found to be at greater risk. It is hard to determine the number of accidents taking place in Georgia since the companies withhold such statistics. All the same, the increasing number of accidents in Georgia is alarming and needs to be addressed.
What Are the Most Common Types of Uber and Lyft Accidents?
Our Uber accident lawyers in Marietta gave us some of the common examples of the different types of rideshare accidents. They are:
- Passenger injury because of the negligence of the Uber or Lyft driver.
- Third-party injury caused by the negligence of a rideshare driver: An Uber driver causes an injury to a third party, such as a motorcycle rider.
- Passenger injury caused by the negligence of another rideshare (Uber/Lyft driver).
- Property damage resulting from the negligence of a Lyft or Uber driver.
- Rideshare driver injury due to their own negligence.
- Rideshare driver injury caused by the negligence of another driver.
- Driver and passenger injury due to a malfunctioning or faulty vehicle part.
Who Can Be Found Liable in an Uber Accident?
Car accidents are a common occurrence and especially on the highways. In a typical car accident, you or the other driver is usually at fault. One driver was negligent or did not follow the traffic rules. The person at fault is required to pay for the damages caused. In rideshare accidents, the dynamics of who is at fault are a bit different.
Uber or Lyft Driver
An Uber or Lyft driver could be found liable if they acted carelessly or went against the traffic rules. In these cases, you should have a lawsuit filed against them. If the accident involved two drivers, the driver who was in the right files a lawsuit against the driver at fault.
The Rideshare Companies
Rideshare companies can be held accountable for the actions or inactions of their drivers. Uber and Lyft may be liable for compensation if:
- The driver gets into a crash while heading to pick up a passenger.
- The driver gets into a crash while driving a passenger.
Rideshare drivers are technically independent contractors. It is, therefore, possible for Uber or Lyft to distance themselves from the claims. Be that as it may, rideshare companies are responsible for safeguarding their clients’ interests.
They are required to conduct thorough background checks to ensure they hire certified drivers who won’t put the lives of passengers in danger through robbery, kidnapping, sexual assault or rape, driving under the influence, assault or battery. If any of the mentioned incidents occur Uber and Lyft can be held accountable for the passengers’ injuries.
Any Related Third Parties
A third party such as a motorcyclist, another driver on the road, or a pedestrian could cause an accident. In this situation, you can file a claim against the at-fault third party or their insurance carrier. You can file a claim against the vehicle and parts manufacturers for defective parts that caused your crash.
How Are Uber Accident Cases Different from Regular Car Accident Cases?
Today, we make use of Ubers and Lyfts for several reasons. You can take an Uber when you have too much to drink. A busy day at work that left you tired could also cause you to opt for an Uber in Marietta. Your hope in whatever case is that you get home safe. Unfortunately, that does not always happen.
You can only claim compensation for an Uber accident from the at-fault party, just like in a regular car accident case. However, the insurance technicalities are different. Uber has a $1 Million policy limit. As we’ll see, the coverage depends on whether the driver was using the app.
If you were a passenger in an Uber and were involved in an accident, reach out to an Uber accident lawyer in Marietta for help. Though an Uber accident case follows the same procedures as regular accidents, you want to work with someone who has good knowledge of the Uber accident insurance dynamics.
Does Uber Have a $1 Million Insurance Policy for Accidents?
Uber has a $1 million insurance policy. The policy, however, is determined by the driver’s activity.
If the accident happened when the driver was offline or not using the app, the Uber policy does not apply. The driver’s personal insurance covers the accident. Uber drivers are required to have their own auto insurance.
If the accident happens when the driver is online and waiting for a ride request, the driver uses his/her insurance policy as the primary insurance. Uber offers drivers additional coverage in such cases. Uber’s additional coverage kicks in if the driver’s personal insurance doesn’t apply.
The $1 million policy kicks in if the driver was online and transporting a passenger or en route to pick up a passenger. This policy covers injuries and property damage experienced by passengers and other parties besides the Uber driver.
Suppose you were injured as a driver or passenger. Uber accident lawyers in Marietta are ready to ensure you get the compensation you deserve.
What Type of Compensation Can I Seek in an Uber Accident?
If you were hurt in an Uber accident in Marietta due to someone else’s actions, you deserve compensation. Rideshare accident victims may be entitled to three categories of damages.
Economic damages are compensation for financial losses. They are calculated using medical bills, employment records, etc. They include:
- Lost income
- Replacement and repair costs
- Medical expenses such as therapy, surgery, transportation, and injury treatment
- Lost earning capacity
These refer to damages that cannot be quantified. Some of them include:
- Physical pain and suffering
- Anxiety, depression, and emotional pain
- Scarring and disfigurement
- Reduced quality of life due to disability
- Loss of companionship in cases of wrongful death
These damages are not meant to compensate the victim. Instead, their purpose is to deter reckless behavior. Punitive damages only apply in cases where the liable party showed extreme negligence or reckless disregard for others.
Should I Accept a Settlement Offer?
After a rideshare accident, you should never accept a settlement offer without speaking to an Uber accident lawyer in Marietta first. The at-fault party and insurer will likely try to quickly offer you a settlement offer. They do so even before you fully recover to reduce their costs.
Accepting a settlement offer may work against your best interests. The insurance company will almost always try to push you into accepting less than you deserve. It is essential to consult a Uber accident lawyer to help you understand your legal options. That way, you will be sure to receive maximum compensation.
You must understand that accepting a settlement offer frees the at-fault party from further liability. If a doctor makes some expensive diagnosis after the settlement, you will need to raise the money on your own if the compensation is not enough.
How Much Will a Marietta Uber Accident Lawyer Cost?
Uber accident lawyers in Marietta work under a contingency fee. That means that they get their pay from your insurance settlement or the amount awarded by the court. They do not have an hourly payment but instead take a percentage of your compensation.
There are no upfront costs, and you only pay if your attorney wins your case.
Are There Time Limits for Filing an Uber Accident Claim?
Georgia’s statute of limitations for personal injury claims, including Uber accidents, is two years. You will not be able to recover any compensation if you ignore this vital deadline.
Why Do I Need a Lawyer?
Negotiating with the insurance company, taking care of your injuries, and dealing with the legal process are too much to handle alone. Uber accident lawyers in Marietta are there to ensure your life continues running smoothly after an accident.
Case Preparation/Filing a Lawsuit
Lawyers are familiar with Uber accident procedures. They are also conversant with the rules likely to affect your case. They know how to mitigate any defenses that could otherwise work against your compensation. A lawyer will ensure your case is filed by the deadline and gather all the necessary evidence.
Insurance companies want to protect their bottom line and will try to pay a lower settlement than you deserve. Lawyers have your best interest in mind and advocate for you. They fight to make sure that your side of the story is heard and that the negotiations guarantee you fair compensation.
Trial Preparation and Representation
It is difficult for you to carry out a trial preparation when nursing injuries. It is even more difficult if you are unfamiliar with the legal system. If the insurance company won’t offer a fair settlement deal, then we are prepared to take your case to court.
Uber Is Not on Your Side
Your lawyer is the only person who has your best interests in mind. The at-fault party and their insurer will most likely try to convince you to accept a quick settlement that reduces their costs. Uber accident lawyers in Marietta handle all official communications professionally and know what to do to maximize your compensation.
Review Your Case With an Uber Accident Lawyer in Marietta!
Sadly, rideshare drivers can cause car accidents just like other motorists. Studies have even shown that rideshare companies have led to a percent increase in fatal accidents. The driver is at fault and needs to compensate you in most cases. However, cases involving rideshare companies are often complicated.
After an Uber accident, you should never accept a settlement without speaking to an Uber accident lawyer first. Negotiating with the insurance company, taking care of your injuries, and dealing with the legal process are too much to handle alone. You need an experienced lawyer to advocate for you.
At Diaz & Gaeta in Marietta, GA, we are committed to helping our clients receive the proper compensation. We offer free consultations. We work on a contingency basis, meaning you only pay us if we win! Call us at 678-329-9084 to book an appointment with our lawyers today.