We understand how overwhelming it can be after an accident involving rideshare services like Uber or Lyft. Our rideshare accident attorneys are here to help. With the rise in rideshare use, these incidents are becoming more common, and dealing with the aftermath can be daunting.
Our compassionate team is here to listen and guide you through every step, ensuring you get the support and justice you deserve.
Do You Have a Case?
Determining if you have a valid wrongful death claim involves evaluating several key elements. Here’s what needs to be present to raise a claim:
- Duty of Care: Uber drivers owe their passengers and other road users a duty of care to operate their vehicles safely and responsibly. This duty also extends to maintaining the vehicle in a safe condition and adhering to traffic laws.
- Breach of Duty: A breach occurs when the Uber driver fails to act as a reasonably prudent driver would under similar circumstances. This might include speeding, distracted driving, or failing to follow traffic signals.
- Causation: To establish causation, you must show that the driver’s breach of duty directly caused the accident and your injuries. This involves demonstrating a clear link between the driver’s negligence and the harm suffered.
- Damages: You must demonstrate that you suffered actual damages as a result of the accident. These can include medical expenses, lost wages, property damage, pain and suffering, and other related costs. More on this below.
How Much is Your Case Worth?
How Much you may be entitled to depends on the amount of damages you’ve incurred. When dealing with Uber accidents, there are three types of damages that you can seek for injuries sustained in a car accident:
- Economic Damages: These include quantifiable financial losses such as medical bills, lost wages, property damage, and future medical expenses.
- Non-Economic Damages cover non-monetary losses like pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
- Punitive Damages are awarded in cases of gross negligence or intentional misconduct by the Uber driver. They are designed to punish the wrongdoer and deter similar behavior in the future.
How to Get in Touch With Us
Here’s how you can reach out to us:
- Phone: Call us at 404.975.2634 for immediate assistance.
- Online: Fill out our contact form on our website and we will get back to you.
We’re here to help and look forward to hearing from you! Take advantage of our free consultation if you’ve been involved in an Uber or Lyft accident
What Clients Think of Us
We’re proud to have positively impacted our clients’ lives and are here to help you too. Our clients’ feedback speaks volumes about our commitment and service. Here’s what they have to say:
Communicative, Highly Recommended!
I had a great experience with Brauns Law. David, Elsa, and Chris were extremely detailed and thorough. Great communication and they kept me updated on every step of my case. You can tell they really have a passion for what they do and for their clients’ best interests. I would highly recommend Brauns Law!
Quick! Patient. Accommodating!
“Mr. Brauns and my case manager Haley were absolutely amazing handling my case. It was so quick and they accommodated me so well to my situation. They are absolutely the best firm. I would 100/100 recommend. They have such great communication and have no problem answering any question or concerns I had. Haley was so patient and always kept me up to date with everything. I appreciate you guys for everything you did for me. Thank you.”
Brauns Law Firm: Uber Accident Law Firm in Gwinnett County
Our accident lawyers can help bring the Rideshare driver or company accountable.
Every day, we work hard to support people like you through the complicated process of handling injury claims and dealing with insurance companies that may try to reduce your compensation.
We’ve built our firm on a strong dedication to excellent customer service. We know how tough and frustrating it can be to manage an injury claim, and we’re here to assist you with care and expertise every step of the way.
Meet Your Gwinnett County Uber Accident Attorney
When you need an experienced advocate by your side after an Uber accident in Gwinnett County, look no further than David Brauns, the founding partner of Brauns Law Accident Injury Lawyers, PC. With a deep commitment to personal injury law, David exclusively represents plaintiffs in injury cases, focusing solely on securing fair compensation for those affected by accidents.
David’s journey to becoming a top personal injury attorney began in the realm of insurance defense, where he gained invaluable insights into how insurance companies assess and handle claims. He has since leveraged this insider knowledge to build a powerful practice dedicated to helping victims of accidents.
His approach is client-focused, emphasizing transparency, service, and collaboration, ensuring that each client receives personalized attention and the highest standard of legal representation.
In addition to his legal expertise, David’s background as a software engineer brings a unique, process-driven approach to his practice. He utilizes advanced technology to manage cases efficiently and keep clients informed every step of the way.
From handling your vehicle repairs and arranging for a rental car to securing the healthcare you need, even if you lack insurance after being injured in an accident, David and his team are there to support you through every aspect of your case.
David Brauns is not only committed to achieving the best possible outcomes for his clients but also to providing a higher standard of service, ensuring that every client, regardless of the size of their case, receives the same level of dedication and care.
If you’ve been involved in an Uber accident in Gwinnett County, David Brauns is the attorney you can trust to fight for your rights and guide you through the complexities of your personal injury claim.
What to Do After an Uber Accident in Gwinnett County
Experiencing an Uber accident can be overwhelming. To protect your rights and ensure you receive the compensation you deserve, follow these essential steps:
- Call the Police and File a Report: Report the accident to the police to create an official record.
- Document the Accident Scene with Photos: Take clear photos of the scene, vehicle damage, and surrounding conditions.
- Get Medical Attention for Any Injuries: See a doctor immediately, even if you feel fine, to document any injuries.
- Exchange Information with the Other Driver: Collect contact and insurance details from the Uber driver and any other parties involved.
- Collect Witness Statements and Contact Information: Get contact info and statements from any witnesses to support your case.
- Preserve Evidence: Keep all relevant documents, such as medical records and repair bills.
- Notify Your Insurance Company: Inform your insurance provider about the accident with all necessary details.
- Avoid Discussing Fault: Do not admit fault or discuss it; let the authorities and your lawyer handle it.
- Contact an Experienced Gwinnett County Rideshare Accident Lawyer: Seek legal advice to navigate the process and ensure you receive fair compensation.
- Keep a Detailed Record: Track all communications and documents related to the accident to help manage your case.
How Our Gwinnett County Uber Accident Attorneys Can Help
Our Gwinnett County Uber accident attorneys can assist in the following ways:
- Evidence Collection: We help gather all necessary evidence to build a strong case. This includes obtaining police reports, medical records, witness statements, and any available video footage from the accident scene.
- Insurance Negotiation: Our team handles negotiations with insurance companies, including Uber’s insurance provider. We work to ensure that you receive fair compensation for your injuries, damages, and other losses.
- Claim Filing: We assist you in filing all necessary claims, whether with Uber’s insurance, your personal insurance, or any third-party providers. Our goal is to streamline the process and ensure all paperwork is completed accurately.
- Liability Determination: We thoroughly investigate and determine the liability of all parties involved in the accident. This includes assessing the role of the Uber driver, other drivers, and potentially Uber as a company to establish who is responsible.
- Settlement Negotiation: Our attorneys negotiate settlements to secure the best possible financial outcome for you. We work to cover all related expenses, such as medical bills, lost wages, pain and suffering, and other damages for those injured in an accident.
- Court Representation: We represent you in court if a fair settlement cannot be reached. We ensure that your case is presented effectively, advocating on your behalf throughout the legal proceedings to achieve a favorable result if you have been injured in an accident.
With our experienced team by your side, you can focus on your recovery while we handle the legal complexities of your case. Contact us today for a free case evaluation
Common Causes of Uber Accidents in Gwinnett County
Uber accidents in Gwinnett County can result from various factors, each affecting the safety of rideshare services:
- Distracted Driving: This includes activities like texting, using a GPS, or engaging in conversations while driving. When drivers are not fully focused on the road, it increases the risk of collisions.
- Speeding: Excessive speeding reduces the time a driver has to react to sudden changes in traffic conditions and increases the severity of accidents. Drivers who exceed speed limits are more likely to cause serious accidents.
- Poor Vehicle Maintenance: Neglecting regular maintenance can lead to vehicle malfunctions such as brake failure or tire blowouts. Poorly maintained vehicles are more prone to accidents due to mechanical failures.
- Inadequate Driver Training: If Uber drivers are not adequately trained, they may lack the skills necessary to handle complex driving situations. Inadequate training can lead to poor decision-making and increased accident risk.
- External Factors like Road Conditions: Road conditions, such as potholes, poorly marked lanes, or adverse weather, can contribute to accidents. Drivers must navigate these conditions carefully to avoid losing control of their vehicles.
Types of Uber Accident Claims
When an Uber accident occurs, the types of claims you can pursue depend on your role in the incident and the nature of your injuries. Here’s a breakdown of the different claims you might consider:
Passenger Injuries
If you are a passenger injured in an Uber accident, you have the right to seek compensation for your injuries. As a passenger, you are typically not at fault for the accident, so you can file a claim against the at-fault driver’s insurance or Uber’s insurance policy. This compensation can cover medical expenses, lost wages, and pain and suffering.
Pedestrian Injuries
If you were struck by an Uber vehicle while walking, you may be entitled to compensation for your injuries. As a pedestrian, you have legal recourse to hold the Uber driver liable for any negligence. You can file a claim to recover costs for medical treatment, lost income, and any other damages resulting from the accident.
Vehicle Injuries
Liability and claims can be more complex in cases where you are involved in an auto collision with an Uber driver. You will need to determine who was at fault in the accident. Depending on the circumstances, your claim might involve the Uber driver’s insurance or Uber’s insurance. You can seek compensation for vehicle repairs, medical expenses, and other related losses.
Determining Liability in Uber Accidents
Understanding how liability is determined in Uber accidents involves looking into Uber’s insurance policies and the various coverage periods. Here’s a straightforward breakdown:
Uber’s Insurance Policies
- Period 1: Coverage While Waiting for a Ride Request – When an Uber driver is online but has not yet accepted a ride request, the insurance coverage provided is limited. It generally includes liability coverage for accidents caused by the driver, though this coverage is less comprehensive compared to when the driver is actively transporting passengers.
- Period 2: Pickup – Once the driver accepts a ride request and is on the way to pick up the passenger, Uber’s insurance offers more extensive protection. This includes liability coverage for any accidents that occur while the driver is en route to the pickup location.
- Period 3: Transport – Uber’s insurance provides the most comprehensive coverage when the passenger is in the vehicle. During this period, the insurance includes liability, collision, and comprehensive coverage for accidents that occur while the passenger is being transported.
Lyft Corporate Insurance Policies
Lyft provides different levels of insurance coverage depending on the specific circumstances of the accident, particularly what the driver was doing at the time of the crash:
1. When the App is Off
If the Lyft driver is not logged into the app (meaning they are not available to accept rides), their personal auto insurance is the only coverage available. Lyft’s insurance does not apply in this situation.
2. When the App is On, But No Ride Has Been Accepted
If the driver is logged into the Lyft app and is waiting for a ride request, Lyft provides contingent liability coverage. This coverage only kicks in if the driver’s personal insurance doesn’t cover the damages. The coverage limits are:
- $50,000 per person for bodily injury
- $100,000 per accident for bodily injury
- $25,000 per accident for property damage
3. When a Ride Has Been Accepted or the Passenger is in the Vehicle
Once the driver has accepted a ride and is either on the way to pick up the passenger or is actively transporting the passenger, Lyft provides the highest level of coverage for any crash:
- $1,000,000 liability coverage per accident for bodily injuries and property damage.
- Uninsured/Underinsured Motorist (UM/UIM) coverage up to $1,000,000, which protects against accidents where the other driver is at fault but does not have sufficient insurance to cover the damages.
- Contingent comprehensive and collision coverage: This applies if the driver has personal comprehensive and collision coverage. It includes a $2,500 deductible with coverage up to the actual cash value of the car.
UM/UIM Coverage
UM/UIM coverage protects you if you are involved in an accident with a driver who does not have adequate insurance. Both Uber and Lyft provide UM/UIM coverage to their drivers, offering protection if the at-fault driver’s insurance is insufficient or non-existent. This coverage ensures that you can seek compensation for your damages even if the responsible party’s insurance falls short.
Steps in Filing an Uber Accident Claim
Filing a claim after an Uber accident involves several key steps. Acting quickly and keeping thorough records is essential for a successful claim.
Assuming you’ve followed the guidance above of seeking medical advice and collecting evidence, these are the steps specific to a claim:
- Notify Uber and Your Insurance Company: Report the accident to Uber through their app or customer support. You should also notify your insurance company, but be cautious in your communications to avoid inadvertently harming your claim.
- Understand the Applicable Insurance Coverage: Depending on the driver’s status at the time of the accident (whether they were logged into the app, en route to pick up a passenger, or actively transporting a passenger), different insurance policies may apply. Uber provides liability coverage, but understanding which policy covers your damages is essential.
- Consult an Experienced Uber Accident Attorney: Given the complexities involved in Uber accident claims, consult with a knowledgeable attorney from our firm who can help you navigate the process, negotiate with insurance companies, and ensure you receive fair compensation.
- File Your Claim Promptly: Our attorney will assist in filing the necessary claims with Uber’s insurance provider, the driver’s personal insurance, or other involved parties. Prompt filing is vital to meet legal deadlines and avoid delays in your compensation.
- Negotiate a Settlement or Prepare for Litigation: Your attorney will work to negotiate a fair settlement on your behalf. If a fair settlement cannot be reached, we may advise pursuing litigation to obtain the compensation you deserve.
What Can I Expect to Pay?
At our firm, we use a contingency fee model, which means you don’t pay any upfront legal fees. We only get paid if we recover money for you. This way, you can focus on your recovery without worrying about immediate costs.
Our goal is to secure the best possible outcome for your case, and we are committed to working on your behalf without financial risk to you. Contact us today to understand our fee structure in more detail when seeking legal assistance.
Other Locations We Serve
In addition to our main office, we proudly serve several other areas. Our dedicated team is ready to assist clients across these locations with the same level of care and expertise.
- Atlanta
- Cumming
- Decatur
- Duluth
- Gwinnett County
- Gwinnett County
- Peachtree Corners
- Stone Mountain
- Suwanee
Gwinnett County Uber Accident FAQs
Uber has specific requirements for anyone wanting to offer rides on their platform. However, sometimes they aren’t strictly enforced.
According to Uber, the requirements are as follows:
- Meet the minimum legal driving age
- Have at least one year of licensed driving experience in the U.S. (three years is required if you are under 23 years old)
- Have a valid U.S. driver’s license
- Use an eligible four-door vehicle
- Submit to and pass a background check
- Submit to and pass a driving records check
While these requirements aim to keep passengers and other drivers on the road safe, they are not foolproof. Even drivers with perfect backgrounds and driving records can cause serious accidents.
If you suffered injuries in an accident as a passenger in an Uber vehicle or another vehicle, you might file a claim against Uber’s insurance policy. Keep in mind that their insurance company, just like most other insurance companies, will likely try to circumvent their liability. Having an attorney who is experienced and knowledgeable in rideshare claims can significantly increase the success of your claim.
Uber’s insurance coverage depends on the driving status of the driver. If the driver is not transporting any passengers or their app is off, the driver’s insurance coverage applies.
If the driver is using the app and waiting for ride requests, Uber has the following coverage for them:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
Drivers who are going to pick up passengers or currently transporting passengers are covered based on:
- $1 million third-party liability
- Uninsured/underinsured motorist bodily injury
- Contingent comprehensive and collision
- Up to actual cash value of the car ($1,000 deductible)
When you have legal representation, be assured that your lawyer is investigating all insurance coverage sources and compensation to the fullest extent. This way, you receive the maximum recovery possible.
If you sustain injuries in an Uber driver’s vehicle, insurance can cover them. The only dilemma is, which policy applies; is it Uber’s insurance policy or the at-fault driver’s policy?
After suffering injuries in an Uber affiliated vehicle, you can be compensated by either the:
- The at-fault driver’s insurance company, which might be Uber’s driver or another driver involved in the crash
- Uber car insurance coverage
Suppose the Uber driver has a commercial insurance policy or personal car insurance that has particular coverage applying to accidents occurring while working as an Uber driver. In that case, their insurance coverage should compensate you.
Unfortunately, many Uber drivers don’t carry commercial or personal insurance coverage that will cover your injuries. If they have personal insurance coverage, the coverage will often have a business use exception that won’t provide for any damages or injuries that may occur when the insured driver works for profit.
At Braun’s Injury Law Firm, we see more cases where the Uber driver is at fault than a non-Uber driver. No matter how the driver contributed to the accident, they were always negligent. Their negligence makes them liable for your injuries.
Common causes of Uber accidents include:
- Speed. High speed is a top factor in Gwinnett County car accidents and is the number one cause of death on U.S. roads. Rideshare drivers have a financial incentive to move as quickly as possible. The more passengers they serve, the more money they make.
- Failure to stop. Uber drivers sometimes come to a rolling stop instead of a complete stop at stop signs. They often whip around corners to avoid making full stops to decrease their travel time. These driving behaviors substantially increase the risk of an accident.
- Distracted driving. Uber drivers are regularly looking down at their Uber app. An app-focused mindset leads to Uber distracted driving accidents. Whether they are looking at their digital map, accepting another passenger in the app, or texting a friend, distracted driving can cause serious injuries.
- Unfamiliar roads. If you had an Uber ride before, you know that these drivers don’t always know the area well and drive erratically because they’re unfamiliar with the roads.
- Driver fatigue. Anyone behind the wheel of a vehicle needs to be alert, awake, and ready to respond to changing driving conditions in the blink of an eye. If an Uber driver is sleepy or overworked, they’re a danger on the road to those around them and any passengers that ride with them. In fact, Uber drivers commonly work while tired, as, for many of them, rideshare driving is a second job.
Yes, a passenger can file a lawsuit against an Uber driver. However, you probably won’t have to.
An insurance claim can be all it takes to get fair compensation an injured passenger needs for:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Scarring and disfigurement
In only a small percentage of claims, a lawsuit might be necessary to get the victim the financial recovery they are entitled to. If an Uber accident passenger and their lawyer decide that the insurance company isn’t providing a full and fair settlement offer, they may get a better financial award for the injuries by suing. However, this may mean facing the insurance company in court. It may take time for your case to finish. Still, the vast majority of Uber claims settle before going to court, especially with the right legal team on your side.
There’s always the potential for the passenger to lose if the case goes to trial. Unfortunately, if this happens, the injured person may walk away with nothing but legal expenses for their effort. You need an attorney who is skilled at negotiating far settlements for injured Uber passengers.
Since its inception, Uber has attempted to shield itself from being sued for accidents that its drivers may cause by designating its drivers as independent contractors instead of employees. Taking this action has many benefits for them, but it creates problems for Uber passengers and drivers. However, there are some situations in which a lawsuit might be successful against the company itself.
For example, if the company doesn’t enforce its driver qualification requirements, they could be a negligent party in your accident. Suppose the Uber driver causes an accident that Uber could have avoided if they performed the proper checks. In that case, you could argue that Uber was negligent in allowing the driver to provide rides through their app. A prime example of this is if an Uber driver is impaired during an accident and has a previous DUI on their driving record.
Generally, accident victims should file insurance claims as soon as possible. Many policies have limits as to how long after an accident you can report a claim. If you intend to or find yourself needing to file a lawsuit to get fair compensation, Georgia law dictates that you must file your legal case within two years of the date of your accident. This deadline is known as the statute of limitations.
Two years might seem like plenty of time. When dealing with a Gwinnett County Uber accident claim, it really isn’t. Insurance claims and lawsuits follow a particular process, and you can’t skip steps. If you hire an attorney, they need time to prepare your case. The sooner you call one, the sooner they can start collecting and preserving evidence in your accident. If you wait too long, evidence that supports your claim could get destroyed, or you could miss filing your claim before the statute of limitations.
After any auto collision, see a doctor. Even if you feel fine and aren’t exhibiting any symptoms, you could still have hidden injuries. Documenting your injuries in a medical record as soon as possible is critical to your case’s success. If you don’t see a doctor and begin having neck pain two weeks after your accident, the attorneys for the other side could argue that your neck pain arose from something that happened after the accident.
Your health insurance should cover your medical care to start. If needed, our attorneys may negotiate a medical lien that allows you to get the medical care you need now and the medical facility to be paid after you receive compensation. Never let financial constraints keep you from getting the medical care you need and deserve after an Uber accident.
If you delay getting medical treatment and it causes your condition to worsen, the insurance company might argue against paying for some of it. Getting early treatment is something you must do to mitigate your damages after an accident.
There’s no law against handling your own Uber accident claim. However, the real question is, Should you handle your claim independently?
Generally, and especially for rideshare accidents, the answer is a firm no. Even the simplest of auto accident claims can be perplexing and take up a lot of time. If you’re trying to heal from injuries, handling your claim could make your life more stressful. Rideshare accidents are higher up on the list of challenging claims. With many parties involved and often more than two insurance companies, these claims are inherently complex.
By hiring an experienced Gwinnett County Uber accident attorney, you don’t have to deal with these issues. Your lawyer handles them for you. Lawyers also know what your case is likely worth and will fight to get that amount. If you handle your own claim, you might think the settlement offer you receive is fair, but it might not be in reality. You could be leaving money that you desperately need on the table and walking away. By meeting with an attorney, you can find out if you have a valid case and how much it might be worth.
An Uber accident can overwhelm you, either as a passenger or as another driver. You probably have many other questions that we didn’t discuss here. Call the Gwinnett County Uber accident attorneys at Brauns Law Accident Injury Lawyers, PC to schedule your free consultation. We can address your questions and concerns and get your claim started.
We know that most people don’t have much money to hire legal help after suffering injuries in a car crash. That’s why we serve our clients on a contingency fee basis. You owe us nothing until we garner compensation for your injuries.
