As with any other vehicle driver, Uber drivers are not immune to being involved in accidents, and at times, it is their fault. Whether you were an Uber passenger or driving another car involved in an accident with an Uber driver, you should seek consultation with a knowledgeable Hampton rideshare accident lawyer, contact John Foy & Associates.
Why Your Second Call Should Be to a Hampton Uber Accident Attorney
Following a serious Uber accident, you likely need medical attention, which should be your first call, whether made to 9-1-1 or your physician. Once your medical needs are addressed and your loved ones are notified, you must contact a Hampton car accident lawyer.
Any vehicle accident can be complicated. But, Uber driver accidents are more complex than routine accidents between two private individuals, and it also makes Uber accidents harder to win.
You are not just dealing with another driver; you are dealing with a multi-billion dollar corporation, their insurance, and their attorneys. You need an experienced legal team to conduct an independent investigation of the accident, determine fault, and prove it.
Get a Free Consultation
Your Uber accident attorney in Hampton should provide a free initial consultation. This allows you to get some questions answered and for the attorney to review your case. If you agree on how to proceed, your lawyer can move forward by:
- Taking your testimony
- Discussing your injuries and prognosis with your doctor
- Reviewing police records
- Interviewing eyewitnesses
- Taking a deposition of the Uber driver
- Creating an enactment of the accident
- Calling upon expert witnesses for vehicle accidents, and accident-related injuries
- Dealing with the insurance companies
- Negotiating with the driver’s and Uber’s lawyers
Georgia’s Statute of Limitations
Every state has its laws regarding the length of time you have to file a lawsuit for a car accident or other personal injury accident. In Georgia, you have up to two years from the accident date to file your claim.
You need to allow ample time for your legal team to prepare your case, so contact them immediately. But, you also need to provide time for your injuries to heal and for your medical team to further evaluate the care you will need in the future. While staying within the allotted time frame, your Hampton Uber accident attorney may choose to delay filing based on the condition of your injuries.
Determining and Proving Responsibility
Like all drivers who get behind the wheel, Uber drivers have a duty of care to protect the wellness of others with whom they share the road. Negligence or recklessness show a lack of concern for that duty of care and are the main causes of all traffic accidents. Examples of negligence include:
- Driving under the influence of alcohol or drugs
- Speeding
- Missing stop signs or lights
- Ignoring other traffic laws
- Distracted driving
- Driver fatigue
If any of these are exaggerated to the extreme, it can be deemed as recklessness. Either way, that driver is at fault and should be held accountable.
Who Can Be Held Legally Responsible for an Accident Caused by an Uber Driver?
If the Uber driver is found at fault, they are responsible for the accident. But, Uber itself may also be. This is where it begins to get tricky.
First, it has to be established that the Uber driver was in service. If you were a passenger, this is obvious. But if you were in the other vehicle, and the Uber driver had no passengers, we need to prove they were either on the way to pick up passengers or available for a call.
The driver should be honest about whether being on the clock, and Uber’s records should confirm this. If the driver was working, Uber might share responsibility.
Uber’s Third-Party Insurance
Uber’s third-party liability insurance to cover an accident if:
- The driver has a lapse of private insurance
- The driver’s insurance does not cover the extent of legal compensation granted to the plaintiff
Again, Uber’s insurance will only kick in if the driver is working for Uber, and if the driver is off duty, they are only covered by their insurance.
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What Damages Can You Seek Compensation for Following an Uber Accident?
You deserve reimbursement for your expenses involving medical care, a loss of time from work, and repairs to your vehicle. Depending upon the severity of your injuries, this could easily run into tens of thousands of dollars or more. Bills you may have incurred could include:
- Emergency treatment
- Emergency transportation to the hospital
- Hospitalization and surgery
- Convalescent or at-home care
- Rehabilitation and physical therapy
- Paying someone for chores you normally would take care of yourself
- Repairs to your vehicle
If you have had to take time away from work, you probably have a loss of income and a potential loss of income. And, there could be more.
Non-Economic Damages You May Have Experienced
Many people have to deal with emotional trauma and a disruption in their day-to-day life affecting their relationships. Some non-economic damages you can claim include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
While these do not have a monetary bill, your experienced vehicle accident lawyer will compare similar cases to place a monetary figure on the accident trauma affecting your overall life.
Choosing Your Hampton Uber Accident Lawyer
In choosing an attorney, look for someone local, familiar with the streets and highways and Georgia’s justice system. You should ask about similar rideshare cases the attorney has handled and the results of those cases. Feel free to ask how the attorney intends to approach your case.
Rest assured, if we take your case, you will get a team ready to fight for your rights and proper compensation for your injuries and damages. Contact us today!
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