What Happens If My Uber Is In An Accident?
This ridesharing company’s annual revenue increased over 50 percent in 2021, to more than $17 billion. Such rapid growth usually involves growing pains. In this context, Uber’s growing pains include a struggle to find enough drivers for all these new passengers. As a result, many Uber drivers have few or no special qualifications, other than a valid drivers’ license and a clean driving record. However, as we all know, car crashes can happen to anyone at any time, regardless of their diving history. That’s especially true if the driver over-relies on a GPS navigation device.
Procedurally, an Uber accident claim is much like any other car accident claim. However, ridesharing collisions are more complex than other claims. So, only the most experienced Columbia Lyft accident attorney should handle such claims. Only this kind of lawyer can obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Determining Negligence and Responsibility
We mentioned one of the most common causes of Uber accidents, device distraction, above. Device distraction combines all three forms of distracted driving, which are:
- Cognitive (mind off driving).
- Manual (hand off the wheel), and
- Visual (eyes off the road).
Hands-free devices might be even more dangerous. Although these gadgets are cognitively and visually distracting they give many drivers a false sense of security. As a result, driving while using a hands-free device is almost as dangerous as driving while intoxicated.
Many ridesharing operators drive aggressively. The company pays these drivers by the trip and not by the hour. So, they try to complete as many trips as possible during their shifts. This effort usually involves tailgating, unsafe turning, speeding, and other aggressive driving.
Tortfeasors (negligent drivers) are legally responsible for the wrecks they cause. The ridesharing company is usually financially responsible for damages. The respondeat superior rule applies if the tortfeasor was an employee working during the course and scope of employment.
South Carolina law defines these key terms in broad, victim-friendly ways. Uber drivers are usually employees for negligence purposes, even if they’re non-employees for other purposes. Additionally, any act that benefits the employer in any way is within the scope of employment. That includes deadheading drivers who are simply waiting for paying fares.
Resolving a Claim
Most car crash claims settle out of court, generally during mediation. So, a Columbia personal injury attorney must be a good negotiator as well as a good litigator.
During mediation, a neutral third party oversees a negotiation session and ensures that both sides negotiate in good faith. They cannot go through the motions. Instead, they must want to settle the case. Additionally, they must be willing to make some compromises if necessary. “Take it or leave it” is not a good faith offer.
Largely because of the duty to negotiate in good faith, mediation is about 90 percent successful. In other words, mediation often works even if informal settlement negotiations have completely broken down.
Connect With a Diligent Richland County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We do not charge upfront legal fees in these matters.