Uber and Lyft are rideshare companies that have boomed in use due to their convenience. By making it easy to find a ride using an app, these companies have reduced drunk driving accidents. The success of rideshare companies has also caused a rise in car accidents injuring passengers, drivers, and sometimes pedestrians. Victims are left bearing burdens they should not have due to the negligence of another party, whether that is the Uber driver, the rideshare company, or a third party.
If you or a loved one is involved in an accident, we recommend reaching out to us here at Hernandez & Cabra. Our experienced Greenville Uber accident lawyers will guide you through the complex process of recovering deserved compensation. Reach out to us today by calling 864-501-4384 to schedule a consultation to evaluate your case.
Uber/Lyft Accident Statistics
According to research by the University of Chicago, the rise in popularity of rideshare apps has resulted in an increase of traffic deaths from 3% to 6% since their inception in 2011. This means a total of 1,100 people are involved in accidents each year. Uber claims to give over 7 billion rides a year, according to a 2019 report. This means that some of these rides, given the number of Uber and Lyft vehicles on the road, actually contribute to the rise of car accidents and injuries. Uber safety report stated that there were 36,000 plus fatal car accidents in 2018 alone.
Uber, during 2017 and 2018 was involved in 97 accidents causing the loss of 107 lives. 21% of the crash victims happened to be the drivers, the other 21% were the passengers and the remaining 58% were third parties.
A majority of these accidents, almost 90%, happen in urban areas given that they are very crowded and public transport is low on availability while picking up or dropping off the passengers.
Who Can Be Found Liable in an Uber Accident?
Figuring out the party or parties responsible for your injuries can be a complex task to figure out on your own. Our capable Uber accident lawyers at Hernandez & Cabra in Greenville will help you navigate the process with ease by thoroughly investigating the matter and making sure the responsible party or parties are held accountable. The accident can be a result of negligence on the following parties:
The Uber/Lyft Driver
The accident might have been caused by the recklessness of the driver either by drunk driving, overspeeding, distracted, or fatigued while driving. In this instance, compensation for your injuries is pursued from the driver’s insurance coverage.
The driver owes you a duty of care as a passenger and if breached through negligence on their part, you can seek compensation from them.
The Rideshare Companies
Uber or Lyft assumes responsibility when the driver cannot adequately compensate you for the injuries. Most victims of rideshare accidents often sue the companies for the negligent actions of the drivers, which has caused an increase in such cases.
The ridesharing companies try as much as possible to avoid responsibility and they argue that they are software companies and that the drivers act as independent contractors. Even with their business model, the court does not always agree. The law also dictates the companies to provide insurance cover for the passengers. Therefore when your lawyer argues shared responsibility on the company’s part, your receive compensation from them.
Any Other Party or Parties
There can be instances where neither the Uber driver nor the rideshare company is responsible for the accident. The accident might have been a result of the recklessness of another driver, a poorly manufactured car, failure to signal an ongoing road construction project or poor maintenance of the roads. In such cases, the other driver, the construction company, the vehicle or vehicle part manufacturing company, or even the local government are held accountable.
Your injury lawyer guides you through the process of filing for a compensation claim with the insurance company of the party at fault.
How Are Uber Accident Cases Different from Regular Car Accident Cases?
Uber accident cases are more complex than those of usual car accident cases because of the process of determining the party or parties responsible and figuring out the insurers to pursue to provide compensation to the victim. How they determine this is dependent on whether the app was online, if not, the rideshare company cannot be held accountable, you deal with the driver in this case.
If the Uber driver had the app on, but did not have a passenger or was waiting for a ride request at the time of the accident then they are entitled to the company’s liability insurance. It includes $100,000 for bodily injuries per accident, $50,000 for bodily injuries per person, and $25,000 for property damage.
If at the time of the accident the driver did have the app on and was driving a passenger, Uber/Lyft liability insurance covers up to $1,000,000 for damages as well as $1,000,000 for accidents involving underinsured or uninsured motorists.
Does Uber Have a $1 Million Insurance Policy for Accidents?
Yes, as mentioned above, Uber does have $1,000,000 liability insurance coverage for compensating accidents caused by Uber drivers. This only applies under the circumstances that the app was on during the time of the accident, the driver had passengers in the car and the personal insurance of the driver cannot cover the resulting damages.
What Type of Compensation Can I Seek in an Uber Accident?
The types of compensation you are entitled to in an Uber/ Lyft accident case can include economic, non-economic, and punitive damages.
These are measurable financial losses. They include all medical expenses, loss of wages, loss of earning capability, damage of property, healthcare expenses.
These are not as quantifiable as economic damages. They are losses that have a significant impact on your life and the lives of your family. They include pain and suffering, loss of enjoyment of life, incapacitation, emotional distress among others.
These are damages that are awarded after the at-fault party is found to have exuded a high level of negligence. This is in an attempt to punish the reckless behavior of the at-fault party. It is important to note that these types of damages are not always awarded in personal injury cases and often require a thorough investigation to prove clear evidence of negligence.
Should I Just Accept a Settlement Offer?
It is very crucial to have a skilled Greenville Uber accident lawyer handle the negotiations on your behalf. The rideshare companies are out to provide the least amount of settlement they can and with the help of a lawyer, you get what you fully deserve.
Only accept a fair settlement offer, never the first offer and you will not need to go to court. If the insurer refuses to agree, then at that point you can consider filing a suit.
How Much Will an Uber Accident Lawyer Cost?
In the case of a car accident, the lawyer receives a contingency fee as opposed to the usual hourly fee. This means the lawyer only gets paid in the event you recover the money. The percentage the lawyer can receive often varies but the usual standard is 33% deducted from the settlement.
Are There Time Limits for Filing an Uber Accident Claim?
Yes. The statute of limitations in South Carolina for personal injury cases is three years. The time limit for filing a property damage suit is four years. It is important to keep these limits in mind while considering filing an Uber Accident claim and be compensated.
Call a Skilled Greenville Uber Accident Lawyer Now
Hiring a skilled lawyer from Hernandez & Cabra assures you the best legal presentation in an accident claim. Going against billion-dollar companies like Uber, who also have experienced representation, alone might not give you the desired outcome. We are here to ensure that you are fully and fairly compensated for your injuries or loss.
Right from the start, we conduct thorough investigations surrounding the accident, weigh possible options on whether to settle or file a lawsuit, depending on the cooperation of the insurer. If we go to trial, with our experience and compassion, we can adequately represent you on the case.
Getting from point A to point B should not result in you resting in a hospital bed or worse having to handle the bills that come with the accident on your own. This is why we urge you to reach out to us right now using our online form or by calling 864-501-4384. We are here to ensure that you get the compensation you deserve.