Ridesharing services like Uber and Lyft are smart and safe options to use when people go drinking and don’t want to drive, need a ride from the airport, or want to avoid expensive parking. However, it puts the rider in a position to trust that their Uber driver will get them where they want to go safely and without harm. When Uber drivers don’t follow the rules of the road, it can cause an accident.
Ridesharing accidents can lead to debilitating injuries, possibly resulting in high medical costs and time missed from work. Moving on can seem daunting. If you suffered injuries from an Uber accident, then you have a right to compensation for your losses.
Speak to an Uber or Lyft accident attorney in Atlanta, GA from Henningsen Injury Attorneys P.C. We can advise you on your case and what rights you have. We can provide compassionate and knowledgeable counsel during this difficult time.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
How Long After an Accident Can You Sue in Georgia?
Georgia’s statute of limitations specifies that you have two years to file a personal injury lawsuit after A Car Accident. Once that deadline passes, the court will not hear your case, and there is nothing that A Personal Injury Lawyer can do for you at that point. This is why it’s imperative to reach out to an Uber accident lawyer immediately.
If you have been in a ridesharing accident, our lawyers recommend you seek medical attention as soon as possible and that you hire legal representation quickly. The sooner you get somebody to represent you, the sooner you can start submitting evidence and collecting other documentation that strengthens your case. Furthermore, you should work with a law firm that has experience in handling Uber accidents. Rideshare insurance policies are complicated. An Atlanta personal injury attorney can help you understand the process.
When you work with an Atlanta Uber/Lyft rideshare accident attorney, you are more likely to win the damages that you deserve. We leave no stone unturned when it comes to investigating the circumstances surrounding the accident and who is at fault.
Call 404-882-6810 today to receive a free, no-obligation consultation. You can also fill out our online Case Evaluation Form.
Can You Sue an Uber Driver for Crashing?
Uber and Lyft rideshare drivers are held to a higher standard of care than other drivers, just like drivers for taxi companies. They are considered “common carriers” under the law, which means that they are subject to a duty of care for passengers. This means that they must take reasonable steps to ensure their passengers’ safety. Failure to do so, whether intentional or not, may be grounds for a lawsuit.
Causes of Uber Accidents in Atlanta
Uber, or other rideshare accidents, commonly happen for similar reasons to any other car accident.
Speeding
Uber and Lyft rideshare drivers are held to a higher standard of care than other drivers, just like drivers for taxi companies. They are considered “common carriers” under the law, which means that they are subject to a duty of care for passengers. This means that they must take reasonable steps to ensure their passengers’ safety. Failure to do so, whether intentional or not, may be grounds for a lawsuit.
Drunk Driving
Twenty-nine people in the U.S. die every day in car crashes that involve an alcohol-impaired driver, which equates to one death every 50 minutes. Alcohol affects the central nervous system and causes relaxation, deterioration of reaction time and control over muscle coordination, memory impairment, and slowed thinking.
It is illegal to drive drunk in every state, and driving under the influence is prosecuted as a serious crime.
Distracted Driving
Uber drivers connect with riders via an app that sends the driver requests. If a driver is working and in the middle of giving a ride to someone else when a request comes in, the driver must respond if they don’t want to lose the rider. Using a Cell Phone behind the wheel, however, is a serious threat to road safety.
Another way that Uber drivers get distracted is when they are looking for passengers in busy areas such as airports. There may be dozens of people within a crowd that they have to look through to find the person who requested a ride from them. If they are driving in an area that they are unfamiliar with, then they may be concentrating on reading road signs, which narrows their focus.
Fatigue
Uber drivers dictate their own hours, but many drivers use the app as a second source of income. Workers in the gig economy may force themselves to work longer hours to make more profit, putting riders in danger of getting into an accident caused by a Sleepy driver.
Call 404-882-6810 today to discuss your case for free or fill out our Contact Form
What Is a Duty of Care?
A duty of care is a legal obligation to use reasonable care not to endanger those around you. Uber and Lyft drivers have a duty of care to passengers and other road users to prevent accidents. They must drive sober and pay attention to the road. Additionally, rideshare drivers should never be on phone calls or texting while driving.
When an Uber or Lyft driver ignores traffic laws and doesn’t take reasonable safety measures, they can be held responsible if they cause an accident.
To win your case, you must prove:
- That the at-fault driver owed you a duty of care
- That the at-fault driver breached their duty of care
- You suffered injuries as a direct consequence of their negligence
- You suffered financial and emotional losses as a result of your injuries
An experienced Uber accident attorney in Atlanta can help you build your case and guide you through the claims process to maximize your compensation.
Damages In a Rideshare Accident in Atlanta
The two most common types of damages that you can recover after a rideshare accident are economic and non-economic damages. These may not be paid for by the Uber driver. Instead, they are typically paid out by the insurance company of the liable party.
Economic Damages In Uber Accidents
An Uber accident can cause more than physical property damage. Experiencing pain and suffering has a strong psychological effect on a person. Non-economic damages include:
- Pain and suffering
- Disfigurement
- Emotional distress
- Loss of consortium
- Loss of companionship
- Loss of enjoyment of life
Punitive Damages
In some cases, accident victims can receive punitive damages in addition to their economic and non-economic compensation. This reward can only be issued by a court. Punitive damages are meant to punish reckless individuals and deter others from acting in a similar manner.
If you were a passenger in a Uber or Lyft accident, or if you were injured by a rideshare driver, then contact an Atlanta Uber accident lawyer from Henningsen Injury Attorneys P.C. to schedule your free case review. Our personal injury lawyers take a person-centered approach to fit each of our client’s personal needs.
Much of the strength of your case is based on the evidence that you can provide. In a rideshare accident, evidence could include proof that you were a passenger in the vehicle, the police report, any photos or videos you took of the accident, witness statements, and copies of your medical bills.
Collecting this evidence yourself can be challenging, especially if you are still recovering from your injuries. An Uber accident personal injury lawyer in Atlanta, GA can help secure documents and other proof necessary to author a strategy towards maximum financial compensation.
How Do I Claim Accident Insurance with Uber in Atlanta?
When it comes to an Atlanta Uber accident, there may be multiple insurance companies involved:
- Uber’s insurance company
- Your insurance company, if you were in another vehicle that an Uber driver hit
- The Uber driver’s personal insurance policy
- The insurance company of another driver if their negligence caused the car accident
The question of liability can complicate your case, but so does the issue of regulation. The ridesharing industry is not strongly regulated. Although companies like Uber have been reclassified as Transportation Network Companies (TNC), this regulation is so new that it’s not even been implemented yet.
Uber is a newer technology that is the focus of legislative bills that can change and affect how your accident is handled. An Uber accident lawyer who stays up-to-date with the latest laws can be an invaluable asset.
Uber’s Insurance Policies
Uber drivers are classified as independent contractors. As such, all drivers are required to have personal liability insurance which covers property damage and bodily injury they may cause while driving. If a driver has comprehensive collision coverage with their personal insurance, then Uber also provides insurance on the driver’s behalf that kicks in when they turn on the app. Drivers are also encouraged to carry uninsured/underinsured coverage in case they are in an accident with another driver who doesn’t have sufficient insurance.
However, even though Uber maintains auto insurance on behalf of drivers while they are online in the app, drivers must also include rideshare and delivery insurance coverage with their own policy. They risk having their policy dropped by their personal insurance provider if the company discovers that the driver has been using their car to provide rides without rideshare coverage.
Uber offers rideshare insurance that takes effect as soon as the driver turns on the app, and varies based on whether or not they had a passenger in their vehicle at the time of the accident. The updated services Uber provides, like Uber Black and Uber SUV, are covered under the commercial partner’s insurance company. When not on a trip or not picking up passengers:
- $50,000 in bodily injury coverage per person/ $100,000 per occurrence
- $25,000 in property damage coverage
The auto insurance limit is much higher if the driver had accepted a ride request (i.e., the accident occurred during a trip, or while the driver was picking up passengers): $1,000,000 third-party liability coverage, along with contingent comprehensive and collision coverage up to the actual cash value of the car (deductible of $2,500).
Note that if the Uber app is off, the Uber driver will have to rely on their own personal car insurance (as the vehicle isn’t being used for work). If an accident occurs under these circumstances, then the driver’s own personal insurance will cover the damages.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
How Much Does Uber Pay in Settlements?
Uber has reportedly settled serious accidents for hundreds of thousands. But since most cases rarely involve severe damages or injuries, obtaining claims near the $1,000,000 insurance limit may be more difficult — a payout in the tens of thousands might be more realistic. Still, you may be eligible for a million-dollar settlement in the event of a catastrophic injury, e.g. a brain injury. Moreover, fatal accidents will almost always exceed Uber’s $1,000,000 coverage limit.
The fact remains, however, that insurance companies are in the business of making money. A settlement of any kind is not assured. And even if Uber offers to settle, there is no guarantee of a fair settlement amount. Working with a knowledgeable Uber accident lawyer in Atlanta who understands the value of your case — and has the experience to negotiate — can help you fight back against these faceless corporate giants to obtain the maximum settlement available.
What Should I Do After an Uber Accident in Atlanta?
Getting into a car accident involving an Uber driver is not very different than getting into a typical car crash in terms of what you need to do afterward. You should always call 911 after an accident so that you can get a copy of the Police Report and so that injured victims can get treated right away.
Always take photos from the area where the accident occurred and include important factors that could have contributed to your crash. Take photographs of street signs, the damage, and tire marks, and include the license plates for all cars involved. You can also capture video evidence. If a nearby traffic camera captured footage of your accident, then your attorney can request a copy of it for your case.
Always seek medical attention after you have been involved in an accident to ensure that you have not suffered serious injuries. Common injuries after a car accident include:
- Whiplash and Shoulder Pain: A common injury from rear-end collisions, caused by the sudden jerking of the head backward, then forward, causing damage to the soft tissues in the neck and shoulders. If serious, it can lead to chronic pain and reduced mobility;
- Broken bones: Broken or fractured bones can cause extreme pain and limit a person’s mobility, resulting in a significantly reduced quality of life. They also take quite some time to recover.
- Bruises: Swelling and discolorations may appear right away following a car accident, or come up later. Unprotected body parts such as arms, legs, torso, and head, are especially susceptible;
- Back and neck injuries: Injuries to the back and neck can cause chronic pain, disc herniation, and even paralysis in its more serious forms;
- Spinal cord injuries: Serious accidents can lead to damage to the spinal cord, a potential life-changing injury that can lead to permanent disability or paralysis.
- Traumatic brain injuries: Traumatic brain injuries, or TBI, are some of the most serious injuries you can sustain in an accident. They are caused by a heavy blow or jolt to the head and can have a permanent effect on one’s mental and physical abilities.
Lastly, you should speak to a personal injury attorney. Do not speak to any insurance adjusters before consulting with an attorney. Uber is a multi-billion dollar company interested in saving its bottom line, with lots of resources at its disposal to fight your claim. Fortunately, you have more rights than you may realize. Know those rights with the help of a professional legal representative from Henningsen Injury Attorneys P.C. Your personal injury attorney will investigate your Uber-related personal injury accident, set forth your legal rights, negotiate a settlement on your behalf, if warranted, and file a lawsuit if necessary.
Call 404-882-6810 today to receive a free, no-obligation consultation. You can also fill out our online Case Evaluation Form.
What Are Most Fees For an Atlanta Uber Accident Attorney Near Me?
Uber accident attorneys in Atlanta usually work on a contingency fee basis. This means that you don’t have to pay a cent from your own pocket — the lawyer will be paid from the settlements they win on your behalf. Generally, the contingency fee percentage ranges from 33 % to 40% of the total amount of recovery. So, for instance, if your lawyer wins a settlement of $50,000 on your behalf, under a 35% percent contingency fee agreement, your legal fees will amount to $17,500. You’ll still have a sizable $32,500 to cover your medical bills, property damage, and other expenses.
While contingency fee structures are the most common, some attorneys may also choose to bill by the hour. Hourly fees can range from as low as $100 to several hundred dollars. This is a good option if you simply need some quick, one-off assistance, such as evaluating a potential insurance offer or drafting a legal document. In some cases, attorneys may also opt for a hybrid arrangement where the client pays a flat fee upfront, and then the rest after the case is won.
At Henningsen Injury Attorneys P.C., we believe strongly in providing affordable and quality legal representation. And that belief comes with a no-win, no-fee pledge to our clients. We only get paid when we win your case — learn more about our Contingency Fee agreement.
When Do I Call an Atlanta Uber Accident Lawyer Near Me?
Rideshare drivers have a duty to protect their passengers, adhering to the safety measures required of any other driver on the road. Unfortunately, accidents still happen. And when they do, it’s important that you’re able to exercise your legal rights for just and proper compensation.
It is often in your best interests to seek legal help from an experienced Atlanta Uber accident attorney if:
- You aren’t sure how to proceed with the accident, or how to seek damages;
- You want to maximize the settlement you receive;
- You’re experiencing difficulty with Uber, Lyft, or their insurance partners with the claim;
- You’re being unfairly accused of causing the accident;
- You’re having difficulty obtaining the necessary evidence;
- You have questions related to liability, insurance policies, and other legal matters.
Call 404-882-6810 today to discuss your case for free or fill out our Contact Form
Call an Atlanta Uber Accident Attorney Today
Unclear insurance policies, loopholes, and the chaos that follows collisions make Uber accidents more complex. A lack of regulations also complicates car accidents involving rideshare services. It’s normal for people to feel lost, alone, and like they have lost control of their life.
An Uber accident lawyer from Henningsen Injury Attorneys P.C. can help provide you with the guidance you need to navigate a successful path to recovery. We focus on you by taking a client-centered approach to fit your needs and help you move forward. Our firm is based in Atlanta, but the areas we serve extend throughout the entire state of Georgia. Call Henningsen Injury Attorneys, P.C. today to schedule your free consultation with an Uber/Lyft accident lawyer.
Call 404-882-6810 today to discuss your case for free. No charge until you win!
Free Consultation
We offer a free case evaluation to accident victims. This is a good opportunity for you to ask us questions and explain what happened and how the accident has affected you. During this meeting, we’ll ask you questions and go over all the details of your claim to get a comprehensive understanding of what happened and what to expect throughout the legal process.
What Should I Bring to My Initial Consultation?
We advise you to bring any evidence you have collected that may help us validate and expand on the case. That includes photos you took on your cell phone at the scene of the crash, a copy of the police report, your medical records, and the names and contact information of witnesses.
We also advise that you keep a daily journal where you write down what your symptoms and struggles are each day. This journal can help prove non-economic damages. If you have received medical bills, body shop bills, or have receipts or invoices for other expenses related to your Uber accident, then you should bring those in as well.
Henningsen Injury Attorneys, P.C. is on your side and ready to represent you.
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Like many Personal Injury Cases, there is no set time frame for the process; it can take a couple of weeks or it could take a month, depending on how complicated the case is and the parties involved. An experienced Atlanta Uber Accident Lawyer can help expedite the process and work to achieve a fair, timely resolution for your case.
Absolutely. Our Atlanta lawyers handle a variety of personal injury cases — Uber accidents being just one of our many practice areas. We can also help resolve:
- Drunk Driving Accidents;
- Truck Accidents;
- Motorcycle Accidents;
- Pedestrian Accidents;
- …and many more.
