Uber or Lyft are the most popular hired vehicles in Alpharetta. Taxis, Uber, cabs, buses, shuttles, and any type of public transportation are considered common carriers. If a person is in an accident with a hired driver, they should take the same steps as they would in any other accident. If they are in an accident with a regular car, an Uber, or a chartered ride, they should call the police and dial 911.
After seeking medical help, those who have been involved in a collision should reach out to a seasoned car accident attorney. An Alpharetta rideshare accident lawyer could investigate the cause of the collision and help you recover compensation for damages.
Injuries in Accidents Involving an Uber or Lyft Driver
A rideshare driver is just like any other motorist, facing the same risks on the roadway as everyone else. As with any collision, an accident involving an Uber or Lyft may result in varying degrees of injury. Some of the most common physical injuries following a rideshare accident are:
- Cuts, bruises, and lacerations
- Whiplash
- Chest contusion
- Neck and spinal cord injury
- Head injury and traumatic brain injury
- Soft tissue damage
In addition to these injuries, many survivors of rideshare accidents face post-traumatic stress associated with the event, as well as anxiety, mental anguish, and diminished quality of life. It's important to find a rideshare accident attorney who understands your situation and is able to ensure that your losses are thoroughly accounted for in your personal injury claim.
Who Is Responsible for Paying Damages in an Uber or Lyft Accident?
Rideshare companies must carry a certain amount of insurance, usually, a million dollars. The biggest issue is whether the Uber driver or Lyft driver is on duty or off duty during the time when they cause the accident. If they are on duty, they have their professional liability insurance through the rideshare company. If they are off duty, they may only have insurance on their vehicle as their personal policy.
In an Uber/Lyft accident, an injured person will file a claim with the company, which has insurance companies that help handle all of their claims. The injured person must file a claim with Uber itself. If an Uber driver is driving on the app, and they are online when the accident occurs, they are going to be covered by Uber's insurance. If they are off the app, then they will be only covered by their personal policy.
Why You Need a Rideshare Accident Lawyer Who Understands Insurance Coverage
A Rideshare accident lawyer understands how different insurance providers and rideshare companies' policies will affect your claim. Whether coverage can be obtained through the rideshare company's insurance policy or the driver's personal insurance policy, your attorney will know how to approach that process and how to effectively communicate with the entities necessary to ensure that your claim is assessed accurately.
Georgia is a Modified Comparative Negligence State
The state of Georgia uses a modified comparative negligence rule to determine whether a victim can collect damages in an accident. This means that the other party must be found to have majority fault for the collision which led to your injuries. For this reason, it is especially important to have an experienced rideshare accident attorney who can bolster your claim.
Recovering Damages Following a Common Carrier Crash
The process for recovering damages in an Uber motor vehicle collision could be complicated without legal help. When a police officer comes to the scene, they may not be aware of whether the Uber driver is on or off the app. If they are on the app, then they are considered an Uber driver, and they are driving somebody, but if they are not transporting anyone, then they are using the vehicle for their personal use.
Uber drivers have a personal policy, and they have their Uber insurance. Whether the Uber insurance is in effect has to do with whether they are on the app, and whether they are actually in use of the vehicle as an Uber driver. That determination is going to be hard for anybody to find out until they call the insurance and file a claim. Unfortunately, if the police officer only takes down their Uber insurance and not their personal policy, that can be complicated, which is why it is best to need to hire an experienced attorney in Alpharetta.
Types of Compensation in a Rideshare Accident
If you're injured in a rideshare accident, you may have injuries that need urgent medical treatment as well as long-term care. You may have also experienced a loss of income due to your recovery or other financial burdens that may be considered compensable damages in your rideshare accident claim. These damages are normally divided into two categories; economic and non-economic damages.
Economic Damages
Economic losses may include medical bills related to your injuries, such as emergency care, hospital stays, surgeries, medications, rehabilitative therapy, and prosthetic medical devices. These damages may also include lost wages, earnings, and income.
Non-Economic Damages
These include things to which no monetary value can be attached, yet nonetheless, present themselves as great losses to an individual's quality of life. Non-economic damages after a rideshare accident may include emotional distress, pain and suffering, and loss of happiness.
With the help of an attorney, you may be eligible to recover compensation for damages such as these after a rideshare car accident.
Punitive Damages
Punitive damages may also be involved in Uber accidents based on the driver's behavior. Punitive damages are meant to punish someone for egregious behavior. In Georgia, these damages can only be awarded if a defendant's actions can be proven to demonstrate willful misconduct or want or care that led to the injury.
Let an Alpharetta Uber/Lyft Car Accident Attorney Help
A person should hire an attorney if they are involved in an Uber accident. Uber is an added layer of complication in terms of dealing with the insurance company because there is a potential for two different policies to be involved, either their personal one or the Uber one. A seasoned attorney could review the facts of the case and help you recover compensation that covers the full value of your damages.
Call today to learn more about how an Alpharetta Uber and Lyft rideshare accident lawyer could help your case.
Can I Afford a Rideshare Accident Attorney?
Our law firm believes that comprehensive legal services should be as accessible as possible. Our attorneys operate on a contingency fee basis, meaning that you'll pay nothing upfront. Your lawyer's fees will be subtracted from your settlement value, meaning that we don't get paid until you do.
Can You Sue a Rideshare Company for an Accident?
Rideshare drivers are considered independent contractors, meaning that the companies they work for can avoid liability for car accident cases that happen involving their rideshare services. However, damages for injuries you received from a rideshare vehicle may be covered by the insurance coverage of the company or the driver's own insurance, depending on the situation. A rideshare accident lawyer can help you determine the best avenue to seek compensation should multiple insurance companies be involved.
What if I Was Hit by a Rideshare Driver in Another Vehicle?
If you were involved in a regular car accident that involved an Uber or Lyft driver, although you were not a passenger, you may still be eligible for compensation. If you were involved in a pedestrian accident or sustained an injury due to a rideshare driver while in another vehicle, you should still reach out to our experienced team of Alpharetta Uber and Lyft accident lawyers to see what your options are.
How Long Does a Rideshare Accident Settlement Take?
Factors affecting how long a settlement will take to reach depend on many factors, including the circumstances of the accident and the willingness of the other party to come to a settlement agreement. Most personal injury cases resolve out of court, however, there are some instances where a personal injury lawsuit may be necessary to reach a conclusion. While there's no way to determine exactly how long the claims process will take from start to finish, your attorney can keep you informed about each and every development in your case and let you know what you can expect.