The growing popularity of Uber vehicles on Ellenwood roads is leading to a rising number of ridesharing accidents. If you’ve been hurt in one of these crashes, you may need legal help to obtain fair compensation.
An experienced rideshare accident lawyer in Ellenwood from John Foy & Associates can evaluate your case, offer extensive consultation, and provide expert legal assistance on your way to damage recovery.
Determining Liability in an Uber Accident
If you’ve sustained injuries in a collision that involved an Uber car, you need to find the liable party. The responsibility may belong to:
- Uber driver – the driver violated a traffic law (e.g. ran a stop sign) and crashed into another vehicle or object.
- Another driver – another driver violated a traffic law and crashed into an Uber car.
- A third driver – a third driver demonstrated reckless behavior and caused the Uber driver to swerve and crash.
- Manufacturer – the Uber driver’s car had a defective part installed by the manufacturer. This caused the driver to lose control of the car and crash.
- Government – a government entity didn’t arrange proper signs, road markings, or road maintenance. This caused the Uber driver to crash.
If any party besides the Uber driver is found liable for the accident, you usually need to file a claim with their insurance company. When the fault belongs to the Uber driver, figuring out who pays for your damages is more complicated.
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How does Uber Handle Liability?
When an Uber driver causes an accident, they aren’t always responsible for covering your personal injury damages. Their responsibility depends on the stage of their trip.
Stage #1: the Driver’s Uber App Is Off
If the driver isn’t online, Uber doesn’t have any responsibility for their actions. In this case, the driver’s personal auto insurance applies. The minimum auto insurance in Georgia is $25,000 per person and $50,000 per accident for bodily injuries.
If the driver is uninsured or underinsured, you can file a personal injury lawsuit against them directly.
Stage # 2: the Uber Driver Is Waiting for a Ride Request
At this stage, the app is on, but there isn’t a request yet. If an accident happens during this period, Uber’s insurance kicks in. It covers $50,000 per person and $100,000 per accident for bodily injuries.
Stage # 3: the Uber Driver Is on a Trip
Once the driver accepts a trip, the extended Uber coverage starts working. It works until the driver drops the passenger off.
- Third party liability coverage – $1,000,000.
- Uninsured/underinsured motorist bodily injury liability coverage (this works when the accident is another driver’s fault, and that driver is uninsured or underinsured).
In short, if you are hurt while the driver is officially on a trip, Uber’s insurance can cover your personal injury damages. This works for all people involved in the accident, including passengers.
How do I Know Who Is Liable?
When the accident occurs, you may not know whether the Uber driver’s app was on. To determine liability and file a claim with the right insurance company, you may need an attorney’s assistance.
An experienced Uber accident attorney in Ellenwood can evaluate the circumstances of the crash and decide how to file a claim. In some cases, you would need to file it with both the driver’s and Uber’s insurance companies.
Shared Liability in an Uber Accident
More than one party may be responsible for the accident involving an Uber vehicle. For example, a jaywalking pedestrian jumped in front of the Uber car. The driver swerved and hit another vehicle.
In this case, the Uber driver and the pedestrian share responsibility. This means that they are both responsible for covering your damages according to the percentage of their fault in an accident.
Georgia’s modified comparative negligence law allows you to recover damages even if you are partially responsible for the accident. However, if your fault is more than 50%, you can’t obtain compensation.
Damages You Can Recover
If you can prove the at-fault party’s negligence in an Uber accident, you can recover economic and non-economic damages. They include:
- Medical expenses
- Surgery costs
- Recovery therapy
- Prescription medication costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
The amount you can recover depends on the severity of your injuries and their impact on your current and future life. An Ellenwood Uber accident attorney can help evaluate your damages and come up with a fair compensation figure.
The Statute of Limitations in an Uber Accident Case in GA
According to O.C.G.A. §9-3-33, the statute of limitations for personal injury cases in Georgia is two years. This means that you have two years from the date of the accident to file a claim. Once the two years are up, you could lose your chance of recovering damages.
While it may be hard to deal with legal issues while you are dealing with injuries, try not to put them off too long. Consider contacting an Uber accident lawyer, who can handle legal action and fight for the money you deserve.
Do You Need an Uber Accident Lawyer in Ellenwood?
If you want to receive fair compensation for injuries sustained in an Uber accident, you have to:
- Determine who is liable.
- Prove negligence.
- File a claim.
- Present extensive evidence.
- Hire expert witnesses.
- Build a strong personal injury case.
- Negotiate with an insurance company (or several insurance companies).
- Defend your case in court if necessary.
Doing all that without legal experience is extremely complicated. Even if you do everything you can, the at-fault party’s legal team will still try to minimize your settlement. By hiring a legal expert, you are getting strong support and improving your chances of recovering fair damages.
Contact an Ellenwood Uber Accident Lawyer Today
Did you get hurt in an Uber accident? You may be entitled to sizable compensation. By hiring an experienced attorney, you are taking a significant step toward damage recovery.
Our Uber accident legal team at Jon Foy & Associates has helped hundreds of clients get the money they deserve. Call us for a free case evaluation at any convenient time.