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Experienced Personal Injury Attorneys

Uber Accident Lawyer Atlanta

Ridesharing services like Uber 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 expenses 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 accident lawyer 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.

How Long After an Accident Can You Sue in Georgia?

Under Georgia law, 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. Furthermore, you should work with a law firm that has experience in handling Uber accidents. Rideshare insurance policies are complicated. A personal injury lawyer can help you understand the process.

When you work with an Atlanta Uber 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.

Can You Sue an Uber Driver for Crashing?

Uber 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 Uber drivers must take reasonable steps to ensure their passengers’ safety.

Causes of Uber Accidents

Uber accidents commonly happen for similar reasons to any other car accident.

Speeding 

Exceeding the posted speed limit is one of the top causes of crashes. Twenty-nine percent of all traffic fatalities in 2020 were due to speeding. Uber drivers must not only abide by the speed limit but adjust their driving for wet weather conditions and heavy traffic.

Drunk Driving

Uber vehicle after an accident

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.

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 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. Uber drivers should never be on phone calls or texting while driving. 

When an Uber driver ignores traffic laws and doesn’t take reasonable safety measures, they can be held liable 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

Damages In a Rideshare Accident

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 compensate victims of Uber accidents for their financial losses, including medical expenses, lost wages, future lost earning potential, and property damage.

Non-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 accident or if you were injured by an Uber driver, then contact Henningsen Injury Attorneys P.C. to schedule your free consultation. Our accident lawyers take a person-centered approach to fit each of our client’s personal needs.

Evidence In a Rideshare Accident

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. A personal injury lawyer can help secure documents and other proof necessary to build a strong case.

How Do I Claim Accident Insurance with Uber?

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 logo showed on phone

Uber’s Insurance Policies

Uber requires that drivers are insured. 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. This insurance protects the driver regardless of who is at fault. 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. They offer:

  • $50,000 in bodily injury coverage per person/ $100,000 per occurrence
  • $25,000 in property damage coverage

What Should I Do After an Uber Accident?

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
  • Broken ribs
  • Bruises
  • Back and neck injuries
  • Spinal cord injuries
  • Traumatic brain injuries 

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, but you have more rights than you may realize.

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. We focus on you by taking a client-centered approach to fit your needs and help you move forward. 

Call Henningsen Injury Attorneys, P.C. today to schedule your free consultation with an Uber accident lawyer.

Free Consultation 

We offer a free consultation 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 explain our fee structure. You only pay if we win, so there is no risk in reaching out to talk with an Uber accident attorney.

What should I bring to my initial consultation?

We advise you to bring any evidence you have collected. 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. Call now to talk to an Atlanta Uber accident lawyer.