Uber Accident Attorney in Atlanta

Important Steps to Take After an Atlanta Uber Accident

The steps you should take following involvement in an Uber accident are much the same as you would take after being involved in any type of motor vehicle collision. First, you should dial 9-1-1, which will summon the police and first responders to the scene of the accident. The police officers who come to the scene can also prepare a report as to how the accident occurred, the parties who were involved, who was at fault for the collision, and whether or not one or both of the involved drivers was issued a citation.

If you can, you should also write down the name of the other drivers who were involved in the collision and take down the license numbers of all involved vehicles. It is also important to take photos of the property damage sustained by the vehicles in the accident. Finally, when taking these notes, you should write down any observations you made about the Uber driver. Did your driver appear to be intoxicated or under the influence of alcohol or drugs while he or she was operating the ridesharing vehicle? Did the driver appear to be operating his or her motor vehicle in a reckless or careless manner before the collision? Did any of the other drivers involved in the collision appear intoxicated or driving carelessly or recklessly?

In addition, even if you don’t feel that you were injured in the accident, seek prompt medical treatment—preferably in a hospital emergency room or urgent care facility on the same day as the accident. The longer you delay medical treatment, the harder it will be to causally relate your injuries to the motor vehicle accident. Moreover, in some cases, it is very difficult to tell whether or not you suffered an injury in an accident, since it may take a while for symptoms to develop. Generally speaking, it’s better to be safe than sorry, and you should seek medical treatment right away.

One of the first steps you should take after being involved in an Uber accident is to contact the Atlanta Uber accident attorneys at Brauns Law Accident Injury Lawyers, PC. Our legal team can assist you with the next steps in the process.

What to Do if You Are Contacted by an Uber Company Representative or Insurance Company

Uber drivers who become involved in a motor vehicle collision are supposed to take certain steps. First, they should contact Uber right away and notify a company representative that they have been involved in a motor vehicle collision. At some point, a company representative from Uber or an insurance company representative may reach out to you for a recorded statement or to otherwise answer questions about the accident, how it occurred, and the injuries you sustained. You should never speak with any individuals until you have first consulted with an attorney.

In most instances, insurance company representatives will appear friendly and cooperative. However, you should keep in mind that these individuals represent an insurance company that is worth millions of dollars—and are protecting the insurance company’s interests.

Before speaking with an Uber company representative or insurance company, talk to our knowledgeable Atlanta Uber accident attorneys at Brauns Law Accident Injury Lawyers, PC Firm first. We can make sure that your legal rights remain protected throughout the claims process and that you are not caught off guard by a savvy company representative or insurance adjuster.

Liability for an Uber Accident in Atlanta

The individual or entity that is at fault for the accident is the liable party. However, it can sometimes be difficult to prove liability—or fault—for a motor vehicle accident that involves an Uber vehicle. To operate a vehicle for Uber, the Uber driver is required to carry a personal policy of motor vehicle insurance. Uber drivers are also covered under an Uber corporate policy, as stated on the Uber corporate website.

Uber’s insurance coverage effectively begins when a driver activates the app. The coverage increases significantly when the driver accepts a rider, and that coverage remains in place until the trip terminates. According to Uber’s website, their insurance coverage also extends to UberSUV, UberBlack, and UberTaxi.

Moreover, in the State of Georgia, as well as in a handful of other states, ridesharing companies, including Uber, are required to cover any driver who has accepted a fare—but has not yet picked up his or her passenger. Therefore, if a driver was effectively “on the clock,” even though he or she might not have been actively transporting a passenger at the time of the accident, Uber may still share in some of the liability for an accident.

If you are a passenger in an Uber vehicle and suffered injuries in an accident, you were obviously not at fault for the accident, and you should file a personal injury claim for the damages you suffered in the accident. An experienced Atlanta Uber accident lawyer at Brauns Law Accident Injury Lawyers, PC can assist you with making that claim and pursuing the damages to which you are entitled.

Cases Where an Uber Vehicle Hits a Driver’s Vehicle

To become an Uber driver, an individual must meet all of the following requirements:

• Pass a background check administered by Uber
• Be at least twenty-one years old or older
• Have a car that satisfies certain requirements

Uber drivers are not required to hold a CDL—or commercial driver’s license—like bus drivers or commercial truck drivers. Moreover, Uber does not require its drivers to obtain fingerprints, undergo additional driving tests or training, or undergo a physical medical exam or psychological/psychiatric evaluation.

When Uber drivers operate their motor vehicles on a public roadway, they owe a duty of care to all other drivers who are on the road at that time. Specifically, they owe a duty to follow all traffic laws and regulations which are in place and to operate their vehicles in a safe, careful, and prudent manner. When drivers fail to do this and an accident results in which one or more individuals suffer an injury, then the at-fault driver can be liable to the injured accident victim(s) for damages.

If the driver of an Uber vehicle negligently collides with your vehicle, and you suffer an injury, the Uber driver is liable. The primary difference between an Uber accident and a “regular” car accident is that in cases where an Uber vehicle is involved, there are several insurance policies that may come into play. For example, individuals who drive for Uber and cause an accident have insurance coverage through both their Uber company policy, as well as through their own personal motor vehicle insurance policy.

Uber accident cases can be difficult to manage on your own. If you are the driver of a vehicle that was struck by an Uber vehicle, let the knowledgeable Atlanta Uber accident attorneys at Brauns Law Accident Injury Lawyers, PC assist you throughout your personal injury case.

Recovering Damages After an Uber Accident

Motor vehicle collisions that involve an Uber vehicle can lead to serious injuries and lengthy medical treatment—just like with any other passenger vehicle accident.

If an Uber driver caused your accident, you may file a claim directly against your Uber driver, and/or Uber, for the following:

• Compensation for all of the medical treatment which you received following your accident
• Compensation for lost earnings, in the event your injuries and medical treatment required you to miss time from your job
• Compensation for all of the pain, suffering, emotional distress, and mental anguish that you incurred as a result of the injuries which you suffered in your accident
• Compensation for loss of earning capacity, if you can’t return to your same job or line of working following your accident
• Compensation for loss of spousal or family support as a result of injuries which you suffered in your accident

In addition to the types of damages listed above, accident victims who are injured in an Uber accident may recover punitive damages—especially if the negligent driver was at fault for the accident criminally. Punitive damages are damages that are awarded above and beyond the compensatory damages noted above.

The experienced Atlanta Uber accident lawyers at Brauns Law Accident Injury Lawyers, PC can determine your eligibility for compensatory and punitive damages and will work hard to pursue the maximum amount of compensation to which you are entitled.

Atlanta Uber Accident Frequently Asked Questions FAQs

In just ten years since Uber offered its first ride in San Francisco, where it was founded, rideshare services have become ubiquitous. Uber remains the largest, but Lyft, Curb, Wingz, Sidecar, and Via, among countless other small rideshare services, are now in the market. Rideshare companies contract with individual vehicle owners to provide ride service for pay through an ordering app. They use everyday folks who want to earn some extra money driving people around. People use an app on their phone—a different app for each rideshare service—to order a ride. Such services are prevalent in urban areas.

The more sparsely populated an area is, the less likely it is to be served by a rideshare company, but most urban areas are served by a plethora of rideshare services. They are convenient, relatively inexpensive, and easier to use than taxis. Your payment is online through the payment method you register when you sign up for the service’s app, and no cash changes hands. The services are quite popular, particularly in urban areas.

It has been estimated that one in five Americans has used a ridesharing service. And, just like with other trips via passenger vehicle, the vast majority of riders using a rideshare service will enjoy a safe trip to their destination that is affordable and without incident. Unfortunately, many rideshare users—just like other passenger vehicle occupants—will be involved in an accident, helpless to control the outcome from their spot in the back seat.

Some of those riders will suffer injuries. Since most people who have used a ridesharing service live in major metropolitan areas such as Atlanta, some of those accident victims taking a rideshare service are likely to be in Atlanta. If you have already taken a rideshare car somewhere, such as Uber, and plan to again, or if you are thinking of using a rideshare service such as Uber at some point, you probably should have some questions.

What you might want to know about Uber and other rideshare services: These services share some common denominators. However, not all of the services are the same. Therefore, it makes sense to address some frequently asked questions you might have regarding ridesharing services. These include: