If you’ve been in an Uber accident, you’ve probably wondered how to determine who’s at fault and how to pursue compensation. This is why talking to an experienced Uber or other rideshare accident lawyer in Lafayette may be an important step. The team at Galloway Jefcoat Injury Attorneys answers your questions and discusses how we may be able to assist you.
For the past 30 years, we have been assisting crash victims in securing better outcomes after their accidents. Our team has extensive experience seeking compensation after a crash involving a ridesharing service in Louisiana. A Lafayette car accident lawyer will empathetically guide you through the legal process and aggressively negotiate on your behalf.
Why You Should Consider Hiring a Lafayette Uber Accident Attorney
Victims of Uber crashes often have many questions, including whether car accident victims can sue rideshare drivers for damages. Discussing the situation with the insurance company without the help of a knowledgeable attorney could be a bad idea, as the insurance company is looking for reasons to devalue or deny your claim. Their goal is to pay out the smallest settlement possible.
Since you’re already dealing with an injury, you don’t need the added stress of the legal process. You also need someone you can talk to without jeopardizing your case. Galloway Jefcoat focuses on maximizing compensation for victims. Our Lafayette personal injury lawyers have detailed knowledge of Uber’s insurance coverage, which allows us to advocate for you more effectively. \
Unlike the insurance company, our focus is on your best interests, not its bottom line. We have the resources and legal expertise to launch a thorough investigation and can also refer you to doctors to treat your specific injuries. Our Lafayette Uber accident attorneys want to help you make the best recovery possible. There are no upfront fees for our services, and the initial case evaluation is free as well.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
The Evolution and Use of Uber
Uber was founded in 2009 and has provided taxi alternatives to residents and visitors alike in states across the U.S. and beyond. As the company expanded into more cities, more people could download the app to request a ride and reach their destination with ease.
Today, the rideshare giant transports both passengers and food, having further expanded into the food delivery space in 2014. Uber’s presence has also created many opportunities for individuals to engage in flexible work by driving for Uber. However, it’s also caused some legal complications at times— such as a car accident—because of how Uber categorizes its drivers.
Uber drivers are classified as independent contractors, which provides driver flexibility while also limiting the company’s liability. While the company offers insurance coverage for car accidents, certain conditions must be met before it will pay for damages.
Uber Accident Victims Retain Legal Rights in the Event of an Accident
While certain conditions may apply to accident payouts from Uber, accident victims have legal rights whether they are a passenger or another driver. Victims have the right to hold a negligent driver accountable for their actions and pursue compensation.
Uber accident victims also have the right to have legal representation to advocate for them and help navigate liability and insurance claim processes.
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
Filing a Claim After a Crash Caused by an Uber Driver
If you were injured in a crash caused by another driver’s negligence, a Lafayette Uber accident lawyer from our team may be able to assist you. Uber accidents are often complicated by the multiple parties involved and the way insurance coverage works in these crashes. An Uber driver’s status generally dictates what type of coverage is used in a crash. Lawyers also determine who was negligent.
Negligence is a legal theory that is used to establish fault for an injury. Negligence refers to a failure to uphold a duty of care owed to someone else. For example, if a driver was speeding and caused a crash that harmed you, you were a victim of negligence. If an Uber driver caused a crash by failing to reasonably operate the car, he or she may be liable for damages.
There are many examples of negligence, and it is important to discuss the situation with an experienced attorney. Galloway Jefcoat Injury Attorneys has the resources to thoroughly investigate a crash to determine if negligence occurred. They can also walk you through your options depending on which of the following scenarios you find yourself in.
Claims for Uber Passengers
If another driver were to blame for your Uber injuries, you should be able to file a claim against that person’s insurance just as you normally would, since Louisiana is an at-fault state. Louisiana requires drivers to have auto insurance with a minimum of $15,000 for injuries to one person and $30,000 for injuries to more than one person. Drivers often carry more than the minimum coverage.
If the accident was caused by your Uber driver, you may be able to file a claim against Uber’s insurance for rideshare and delivery drivers. Uber provides $1,000,000 in third-party liability coverage during trips. This coverage applies to passengers and occupants of other vehicles who are injured as a result of the Uber driver’s negligence.
Claims for Other Motorists or Pedestrians
If you were hit by an Uber driver while you were in a vehicle or while you were a pedestrian, you may also have options for recovering damages. You should be able to file a claim against the $1,000,000 third-party liability coverage provided by Uber if the Uber driver was transporting someone or on the way to pick up someone who had requested a ride.
However, if you were hit by an Uber driver when the app was off, you should be able to file a claim against the driver’s personal liability insurance. If the Uber driver was available to give rides and waiting for a request, meaning the app was on, Uber provides third-party liability coverage of $50,000 per person, $100,000 per accident, and $25,000 in property damage.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Compensation That May Be Available in an Uber Accident Claim
Typically, liability insurance covers medical expenses for the treatment of your crash-related injuries and property damage. However, the value of every claim must be assessed on a case-by-case basis. The severity of your losses and how many you suffered, for example, can make a difference in how much your case may be worth. However, common losses that are generally recoverable may include:
- Medical and recovery expenses
- Repair or replacement expenses for personal belongings or property damage
- Lost earnings
- Funeral and burial expenses
- Pain and suffering
- Emotional trauma
- Reduced quality of life
- Loss of companionship or consortium
To ensure that all of your losses, including ongoing expenses, are included, it may be in your best interests to consult an Uber accident lawyer in Lafayette. If you contact our firm and we find you have a case, we are prepared to pursue maximum compensation for physical, financial, and emotional damages.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Your Options if the At-Fault Driver Does Not Have Insurance
If you were injured by an Uber driver who was offline or had the app off and who does not have personal car insurance, you may still have options for recovering compensation. If you were in another vehicle, you may file a claim against your uninsured motorist coverage. This provides compensation after a crash with a driver who lacks insurance or is underinsured.
If you were in an Uber and the crash was caused by another driver without insurance, Uber also has uninsured motorist coverage that you may be able to file a claim against. It is important to note that uninsured motorist claims can be very complicated, which is why you should strongly consider working with an attorney. The licensed Lafayette Uber accident lawyers are prepared to help.
Claims Against Uber are Resolved Through Binding Arbitration
As part of its U.S. terms of use, Uber includes an arbitration agreement under which users agree that any claims against the company must be settled through binding arbitration. This means that you may not file a lawsuit against Uber to recover compensation.
Binding arbitration works much like a jury trial, except that the person who decides the case is usually a private individual called an arbitrator. Arbitrators are usually retired judges or former lawyers with experience in civil disputes.
Since Uber users agree to binding arbitration, the decision may not be appealed the way a jury decision may be if the verdict does not end in your favor. The process of arbitration may be complex and the stakes high, which is why it is important to have someone on your side who has the legal knowledge and experience fighting for your rights as an injury victim.
Is There a Deadline for Taking Legal Action?
It is important to file a claim as soon as possible after an accident. If you wait, it may make the insurance company suspicious about how you were injured. Although you may not be able to file a lawsuit against Uber, you may still be able to do so against the at-fault driver.
There is also a statute of limitations for personal injury lawsuits in Louisiana, which requires filing within two years of the date of the crash, per Louisiana Civil Code 3493.1. Investigating a crash takes time, so it is important to contact an Uber accident attorney in Lafayette right away so they can determine whether you may have a case and get started.
The experienced team at Galloway Jefcoat Injury Attorneys is committed to obtaining a recovery as quickly as possible. We know this is a difficult time for you, and we have seen how important compensation can be for crash victims as they look to move forward.
Steps to Take After an Uber Crash
You should treat the aftermath of an Uber crash the same way you would the aftermath of a crash that did not involve an Uber vehicle. This includes taking steps to protect yourself and your claim. It’s important to avoid common car accident victim mistakes by taking the following steps after a collision:
- Try to get the vehicle out of harm’s way
- Call the police
- Check yourself and others for possible injuries
- Exchange information with those involved
- Take pictures of the accident scene if safe to do so
- Ask the witness for a statement and contact details
- Get medical attention without delay
- Consider calling a lawyer for assistance
Hiring a lawyer sooner rather than later affords you greater protection and helps you work toward a more favorable outcome. Our team can speak with the insurance companies for you so you don’t have to worry about saying the wrong thing. We can also review the police report and other evidence you collected after the accident.
Causes of Uber Accidents
Uber accidents are caused by many of the same dangerous behaviors as other car crashes. As such, they are also preventable and born out of negligence. For example, mobile phone use often distracts from the road, which could otherwise have been used to avoid an accident. This factor may even be exacerbated in Uber accidents, since drivers are also looking at their apps. Common causes of Uber accidents include:
- Distracted driving
- Drowsy driving
- Speeding
- Tailgating
- Changing lanes without using a turn signal
- Violating the right of way
- Failing to watch for pedestrians
- Impaired driving
If negligence was involved, you may be eligible to seek compensation for the damages you suffered. We can investigate the accident to determine if the other party failed to take the necessary steps to ensure your safety. We will also look for evidence of their actions to use to support your claim so you can pursue compensation.
Call a Lafayette Uber Accident Lawyer for Legal Help
A car crash can upend your life, leaving you with long-term injuries and lost income from missing work. During this difficult time, you should seriously consider contacting a lawyer. Crash victims often have difficulty recovering compensation on their own. You should find an experienced Uber accident attorney in Lafayette with strong case results.
Galloway Jefcoat Injury Attorneys has extensive experience and has secured compensation in a wide variety of cases. There are no upfront fees or obligations, and we do not get paid unless you get paid. There is no risk in calling us to see how we may be able to help. You cannot rely on the insurance company to provide the compensation you need.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."