Uber accident cases are very different from typical car accidents. Uber has a substantial liability policy for its drivers, but the laws and regulations surrounding how those policies work can be complex. Rest assured, Uber routinely fights liability and claims in accidents, leading to lowball offers and denials.
That’s why you need a lawyer on your side. A Decatur rideshare accident lawyer will explain your legal rights and advise you on how to pursue the claim. They will also deal with the insurance companies, ensuring you recover maximum compensation for your lost wages, medical bills, pain & suffering, and emotional distress.
Proving Negligence
To be successful in your claim, you must prove negligence. In simpler terms, you should prove that the driver at fault or the defendant acted unreasonably or in a way a reasonable person wouldn’t.
Uber drivers and drivers, in general, owe their passengers a duty of care. They should also follow traffic rules and drive responsibly.
Any driver that drives carelessly and causes an accident in the process is negligent. If you prove negligence, you will get compensation for the injuries you sustained in the accident.
Why You Need a Decatur Uber Accident Attorney
Hiring an Uber accident lawyer in Decatur is not a requirement. However, it increases your chances of getting the compensation you deserve. Pursuing the claim on your own can be frustrating because you’d still have to follow the same procedure lawyers do.
The court will not excuse you for not knowing the standard rules or procedure. An experienced Uber accident lawyer will pursue the necessary parties and also represent you in court, allowing you to focus on recovering.
Here are more reasons to hire a Decatur Uber accident lawyer
The Lawyer Will Contact the Insurance Company
Uber accidents tend to be complicated, mainly because they involve multiple insurance companies. An experienced Decatur Uber accident lawyer will ensure you file the claim within the stipulated time. They will also guide you on the procedure and negotiate with the insurance company on your behalf if they decide to settle the case out of court.
The Lawyer May Need to File a Lawsuit
If the Uber driver’s insurance refuses to settle, your Uber accident attorney in Decatur will aggressively litigate your injury claim. Decatur uses contributory negligence, so your lawyer will consider this when negotiating for settlement if you were partly responsible.
The Lawyer Will Demand Compensation
Your lawyer will demand damages for all your injuries and losses. Any person injured in an Uber accident due to another person’s negligence can file a claim. This includes the following;
- Uber passenger
- Uber driver
- Driver or passenger of the other vehicle in the accident
- Pedestrians
Parties Who Can Be Held Liable in Uber Accidents
Like any other accident, the party that caused the accident due to negligence is liable for the accident. This may be the Uber driver or the driver in another vehicle.
In unique circumstances, the Uber passenger may be liable. This happens if the passenger, who is out of control for whatever reason, contributes to the collision by making the Uber driver lose control of the vehicle.
Uber can also be liable for an accident if the driver they hired was unqualified or unsafe. Rideshare companies must exercise reasonable care during the hiring process.
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How to Prove Liability in an Uber Accident
Some rules apply when proving liability. The four factors that the court will consider are;
- Duty of care – you must prove that the defendant had a duty of care at the time of the accident. This includes reasonable care and adherence to traffic laws.
- Breach of the duty of care – you must prove that the defendant’s behavior was contrary to the legal standard. For example, if the driver fails to adhere to the traffic rules.
- Breach of duty caused the injuries – the injuries you sustained during the accident must result from the defendant’s breach of duty of care.
- Quantifiable losses – for you to file a claim, your damages should be measurable. Physical injuries are sufficient to file a lawsuit against the defendant.
Dealing with the Insurance Company
All Georgia drivers are required to have insurance that covers all manner of accidents. Therefore, Uber drivers are also covered by insurance in an accident. This means that when you pursue damages after an Uber accident, you will deal with the Insurance company and not the driver at fault.
How Much Compensation Can You Get for an Uber Accident?
Every Uber accident is unique because the injuries suffered, medical attention required, and extent of property damage is different. One victim may require $5,000 in compensation for medical bills alone, while the other may require $50,000. It isn’t easy to estimate how much you’ll get as compensation for these reasons.
As a victim, the compensation you are entitled to is divided into;
- Medical expenses
- Loss of income.
- Pain and suffering
Medical Expenses
If you incurred expenses to treat the injuries you sustained during an Uber accident, you have a right to receive compensation. You will need medical records, invoices, and receipts to prove how much you spent on treatment.
Loss of Income
You can claim compensation if you couldn’t report to work after the accident for some time or can’t work anymore due to the injuries you sustained.
Pain and Suffering
You can also seek compensation if you endured physical or emotional suffering due to the accident. The more severe your injuries are, the more compensation you’ll get for pain and suffering.
Filing an Uber Accident Lawsuit
Often, insurance companies prefer to settle accident claims out of court. Your Uber accident lawyer will negotiate with the insurance company on your behalf, but a lawsuit is inevitable if they fail to give a reasonable offer.
As mentioned above, Uber accident lawsuits can be complicated and time-consuming. You must also file the claim in time to get the rightful compensation. The Georgia Statutes of Limitations dictates that you file the claim within two years of the Uber accident. If the victim dies, the timeline extends to two years after the victim’s death. If you file the claim after the deadline, the judge will dismiss it entirely. Consequently, you will not receive any compensation.
Contact a Decatur Uber Accident Lawyer for a Free Consultation
If you’ve been injured in an Uber accident, you need to contact an Uber accident lawyer in Decatur. Your lawyer will review your case and inform you what it may be worth. They’ll also answer any questions you may have.
At John Foy & Associates, we go out of our way to ensure you get the rightful compensation after an Uber accident. Contact us today to talk to one of our attorneys. We will look at the facts of your case and advise you accordingly.
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