In Atlanta, Uber rides became a staple of daily transportation. However, the convenience of ridesharing services like Uber comes with its own set of risks. When you’re involved in an Uber accident, the situation quickly becomes complex, implicating unique legal challenges.
After experiencing an accident while using Uber in Atlanta, it’s essential to understand your rights under Georgia’s law, as well as the available legal options to seek justice. Our team of experienced attorneys at Deming Parker offers their five decades of legal expertise to hold responsible parties accountable and receive the compensation you deserve.
Suffered a Car Accident in an Uber? Our Atlanta Attorneys Can Help
In Georgia, personal injury law allows victims to seek restitution for damages when an accident is caused by someone else’s negligence.
In Uber accidents, where determining liability can be more complex than in traditional car accidents, a skilled personal injury attorney becomes instrumental in seeking justice. We can clearly identify the responsible parties and build a case with strong legal arguments that support your compensation claim.
To achieve this, our team at the Atlanta office employs an approach that involves gathering evidence, assessing the full extent of your injuries, and fiercely advocating for your best interests to defend your right to get compensated.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
Who is the Responsible Party in an Uber Accident?
To establish who is at fault, your lawyer will investigate the circumstances of the incident to identify the underlying cause and thus the party or parties that must be held liable for your injuries.
However, in an Uber accident, determining the responsible party is not always straightforward, because several parties could be potentially responsible. Some of them include:
The Uber Driver
When the driver’s actions or negligence are a primary factor in the accident, the Uber driver is probably responsible for your injuries and damages. This includes situations like distracted driving, violating traffic laws, driving under the influence of drugs and alcohol, or engaging in reckless driving behavior (like speeding).
Uber as a Company
Uber itself may bear responsibility under certain conditions. These include cases where there was inadequate vetting of drivers, failure to enforce safety policies, negligence in maintaining vehicle safety standards, or issues with the Uber app that contributed to the accident.
Another Driver
Liability could also fall on another driver involved in the accident. Similarly to cases when the Uber driver is at fault, the liability falls on another driver in instances of reckless or negligent driving. This includes running red lights, speeding, failing to yield, or driving under the influence of drugs and alcohol.
Vehicle Manufacturers
When vehicle defects contribute to accidents, even the manufacturer can be liable for your injuries. For example, in cars with faulty brakes, defective tires, malfunctioning steering or suspension systems, or design flaws that compromise vehicle safety and provoke accidents.
Common Injuries Sustained in Atlanta Uber Accidents
Auto accidents involving Uber vehicles in Atlanta can lead to various injuries, with some being more prevalent than others. The most commonly sustained injuries include:
Neck Injuries
Whiplash frequently occurs when the neck is suddenly jerked forward or backward during a collision. This injury can cause neck pain, stiffness, headaches, and dizziness.
Soft Tissue Injuries
Damage to muscles, tendons, and ligaments is a common result of car accidents. Symptoms typically include pain, swelling, bruising, and restricted movement.
Head Injuries
Concussions and other traumatic brain injuries are serious concerns following an Uber accident. These injuries can result from head impacts and may lead to long-term cognitive and physical effects.
Broken Bones
Fractures are a frequent outcome of car crashes, ranging from minor to severe breaks that might require surgical intervention. Commonly affected areas include the ribs, arms, legs, and collarbones.
Spinal Cord Injuries
Damage to the spinal cord is one of the most severe injuries, potentially resulting in paralysis or significant loss of function. Symptoms can include intense pain, numbness, and mobility issues.
Internal Injuries
Serious accidents can cause internal injuries, affecting vital organs like the lungs, heart, and liver. Symptoms of internal injuries often include abdominal pain, chest pain, difficulty breathing, and nausea.
If you or a loved one has been seriously injured in an Atlanta Uber accident, it is crucial to seek legal assistance. Our firm has over 20 years of experience in helping Georgia accident victims secure the compensation they deserve.
Our experienced Atlanta Uber accident lawyers will assess your case and guide you through your options for financial recovery. Contact us today for a free consultation.
Damages You Can Recover in Georgia
In Georgia, victims of personal injury cases (including Uber accidents) can claim various types of damages. Compensation in an Uber accident claim is categorized into two types: general damages and special damages. “General damages” cover any physical or mental injuries caused by the accident, while “special damages” refer to the financial losses you have incurred, such as medical expenses, lost income, and property damage. These include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Punitive damages
After an Uber accident, a qualified attorney can help you understand the damages you are eligible for. Additionally, they will work to maximize your compensation by accurately assessing and quantifying these damages, ensuring your compensation claim reflects the full cost (both economic and non-economic) the accident had on your life.
How to claim Uber compensation?
To file a claim for compensation with Uber, you can easily do so by completing a simple online claims form. This form is conveniently located in the help section of the Uber Driver app. Once you access the help section, follow the prompts to provide details about the accident, including any injuries or damages sustained.
Georgia Laws About Uber Drivers
In Georgia, Uber drivers must pass background checks, have a valid driver’s license, and meet age and driving experience requirements. Vehicles must meet specific age and condition standards, and both drivers and Uber must carry appropriate insurance coverage. Additionally, drivers must adhere to a zero-tolerance policy for drug and alcohol use to ensure passenger safety.
Understanding Your Legal Options After an Uber Accident
After an Uber accident, the personal injury lawyers at Deming Parker can discuss your case with you, help you understand what legal options are available in Atlanta, and determine the best course of action for your specific circumstances. However, most personal injury cases are resolved through either negotiation or litigation.
Option 1: Negotiating with Insurance Companies
Negotiating with insurance companies usually involves engaging in discussions with the insurers of all involved parties, presenting a comprehensive account of the accident and its impacts, and negotiating a settlement that covers all your damages.
This approach is more suitable for less severe accidents where both damages and liability are clear. In these cases, it’s possible to agree on a fair settlement without court intervention, which makes case resolution quicker and less costly.
Option 2: Filing a Lawsuit
However, when negotiations fail, the next step is to file a lawsuit. During this process, your lawyer will prepare and file a legal complaint against the responsible parties, gather and exchange evidence between all parties, and ultimately, present the case in court.
A lawsuit is necessary in cases where there are disputes over liability, more severe injuries, or when insurance companies are unwilling to offer fair compensation. It can be a more time-consuming process, but it often results in a much better outcome and maximum compensation recovery.
In both scenarios, the expertise of an experienced attorney is crucial. We will handle all aspects of negotiations or court proceedings on your behalf, ensuring that your rights are protected throughout the whole process and that you recover the compensation you’re entitled to under Georgia’s law.
What If I Was the Driver in a Car and Have Been Hit by an Uber Car?
If you were driving your car and were hit by an Uber vehicle, understanding how liability is determined and what steps to take is crucial for protecting your rights and securing compensation. Determining liability in these cases can be complex, as it involves multiple parties and insurance policies.
When an Uber or Lyft driver is at fault, their status at the time of the accident significantly affects which insurance policy applies. If the driver was not logged into the app, their personal auto insurance would typically cover the damages. However, if the driver was logged into the app but had not yet accepted a ride, Uber and Lyft provide contingent liability coverage, which kicks in if the driver’s personal insurance does not cover the damages. If the driver had accepted a ride or had a passenger in the car, Uber offers up to $1 million in liability coverage, which should cover injuries and property damage caused by the accident.
What to Do After Being Involved in an Uber Accident
After the accident, ensure your safety and call emergency services. Document the scene by taking photos, and gather contact and insurance information from the Uber driver. Report the incident to your insurance company and seek medical attention, even if injuries seem minor.
Potential Issues with Ridesharing Companies
The rapid growth of ridesharing services like Uber and Lyft has introduced several challenges that can complicate legal claims and affect the safety and rights of passengers and other road users.
Lack of Proper Driver Screening and Training
One significant concern is the inadequate screening and training of drivers. Unlike traditional taxi services, rideshare companies may have more lenient standards, potentially leading to unqualified or inexperienced drivers on the road. This can increase the risk of accidents, as drivers may not have the necessary skills or background checks that ensure passenger and public safety.
Lack of Proper Regulations
Ridesharing services often operate in a regulatory gray area, with varying levels of oversight depending on the jurisdiction. This lack of consistent regulation can result in gaps in safety standards and accountability. For instance, regulations concerning vehicle maintenance, driver conduct, and insurance coverage can differ widely, potentially leaving passengers and drivers without adequate protections.
Unclear Insurance Policies
Insurance coverage for rideshare drivers can be complicated and unclear. Rideshare companies typically provide insurance that covers drivers while they are logged into the app and during rides, but the specifics can vary. Understanding the different stages of coverage—whether the driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a passenger—is crucial for determining liability and coverage in the event of an accident.
Lack of Proper Insurance
In some cases, rideshare drivers may not have adequate personal insurance, and the rideshare company’s insurance may not fully cover the damages. This can leave victims struggling to obtain compensation for medical expenses, property damage, and other losses.
What to Do if an Uber Driver Didn’t Have Insurance?
Dealing with an Uber accident where the driver is uninsured or underinsured adds an extra layer of complexity to your compensation claim. But don’t worry, because you still have a chance at recovering damages. In such scenarios, a lawyer will help you understand the alternative paths available for seeking restitution.
When you encounter an uninsured Uber driver, one of the primary alternatives is to turn to your own insurance policy. Many policies include uninsured motorist coverage, which protects you in situations where the at-fault driver lacks sufficient insurance.
Additionally, there may be other options for compensation depending on the specifics of the Uber accident. For instance, if there were other parties involved in the accident who bear some responsibility, you can make a claim against their insurance. In some cases, Uber’s insurance policy might also offer coverage, depending on the driver’s status at the time of the accident and the specific terms of Uber’s policy.
However, navigating these alternative options requires a thorough understanding of both insurance law and the specific policies of rideshare companies like Uber. Our attorneys will explore every potential source of compensation, ensuring you’re not left without recourse in the event of an uninsured Uber driver.
Need expert legal advice? Our experienced team of injury attorneys are here to help. Call our personal injury lawyers in the state of Georgia at (404) 636-4900 or contact us online.
Seeking Legal Help After an Uber Accident in Atlanta – Our Lawyers Can Help
If you’ve been involved in an Uber accident in Atlanta, don’t wait to seek legal help. Our team of personal injury attorneys at Deming Parker will advocate for your best interests throughout the whole legal process, working closely with you to effectively seek justice.
So, don’t hesitate to contact us today to schedule a free consultation. We’ll discuss your case, evaluate its potential for compensation, and examine the best course of action moving forward.
Atlanta Office
2200 Century Pkwy NE, Suite 800
Atlanta, Georgia 30345
Phone: 404-636-4900