Lawrenceville Uber & Lyft Accident Lawyer
Having an accident happen with an employee while they are working often means that their employer will also be liable for the damages that you experience.
If the person you have gotten into a costly accident with does not have the resources to cover your damages, this is especially important.
A Lawrenceville Uber and Lyft accident attorney from Spaulding Injury Law can inform you of the local rules and court procedures and work to achieve the best possible outcome on your claim.
Are Uber and Lyft Drivers Employees of the Companies?
Boston.com has covered the ongoing legislative efforts in Massachusetts to reclassify Uber and Lyft drivers as employees, not independent contractors. Politicians and voters in Massachusetts, as well as the rideshare drivers themselves, feel as though the relationship between the drivers and companies is that of employer-employee. While Uber and Lyft may profit more by having their drivers use their own vehicles and not being paid while not driving passengers (despite being on the clock), this setup is changing. Knowing where your state stands and how the court is interpreting the relationship between Uber and Lyft drivers will determine the outcome of your case, and a local Lawrenceville car accident attorney can help.
Uber and Lyft are Changing Their Liability and Response to Accidents
Uber and Lyft have accepted liability for the damages their drivers might face, although under very limited circumstances. In response to a 2021 Texas law that could potentially impact rideshare drivers, Uber and Lyft announced that they would pay for the drivers’ legal fees that might develop in response to the new law. While this may not be applicable to your particular car accident case, it does demonstrate the trend of Uber and Lyft taking greater responsibility for drivers, which might lead to other types of liability in the future.
An Attorney Negotiates on Your Behalf to Remove the Stress From Your Life
If you have been through an accident with an Uber or Lyft driver and been injured, you’ll be dealing with the insurance company that works for the opposing party. It will likely be the liability insurance that the Uber or Lyft driver is required to carry over their personal insurance on their car. Professional liability insurance companies are very savvy when it comes to maximizing their profits, a portion of which comes from settling low.
The motivation of the opposing insurance companies to settle as low as quickly as possible will minimize their costs and maximize their profits. It is not in the best interests of the opposing insurance company to pay more than necessary to get you to sign, so the first offer is generally quite low. Without the experience of a car accident attorney, the initial offer might look very attractive to you, but it may not cover your long-term damages or even your current damages.
An experienced attorney takes the negotiation process out of your hands and becomes the exclusive point of contact for the insurance companies. If you have an experienced full-service car accident attorney, it can be as simple as signing with us, providing the essential information about the accident, then waiting for us to summarize the offers that have been presented.
Most Claims Settle Outside of Court during Negotiations
While television might lead you to believe that all cases end up being argued by attorneys in suits in a court of law, this is generally not the case. As noted above, the insurance companies will offer settlements, which, if effectively negotiated, can save the time and investment required to proceed through a court case.
Knowing what your damages should be and what the award should look like can be very difficult to determine based upon the kind of research one can perform on the internet. Knowing how past cases have settled and what kind of compensation is generally offered for certain types of injuries will determine the way in which settlements are reached and negotiated.
Knowing the cost of repairs or medical bills when you have been through an accident with an Uber and Lyft driver helps to compute your immediate damages. These will generally be covered during the first offer of settlement provided by the insurance company. However, long-term damages like loss of earnings ability due to injury are more difficult to compute and could be overlooked in the initial offers. A Lawrenceville Uber and Lyft accident attorney knows what settlement offers are reasonable and what is acceptable, and if not, when to proceed to court.
Uber and Lyft Drivers May be Responsible for Passengers’ Injuries
While many accidents with Uber and Lyft drivers concern the drivers of other vehicles, the passengers of Lyft and Uber also may have claims if they are injured during accidents. If you were injured while riding in an Uber or Lyft, reach out to a personal injury attorney to determine how to approach your claim to maximize your outcome. Uber and Lyft may seek to spread liability by looking for reasons why the driver might be negligent. If the driver is found to be partially negligent, they may be liable for a portion of the damages and may not be able to afford it.
Given the growing trend of recognizing Uber and Lyft drivers as employees, worrying about not collecting from an Uber or Lyft driver is less necessary. Knowing how to approach the settlement process with the Uber or Lyft driver’s liability insurance supports the fastest and highest outcome possible. An experienced Lawrenceville personal injury attorney has worked similar cases, knows the changing precedents in court, and can best negotiate a pre-trial settlement for your claim.
A Slow, Incremental Shift
Mega rideshare companies like Uber and Lyft are heavily invested in limiting their liability as it relates to rideshare accidents to the degree possible. Only when the law pushes back do these companies make incremental changes in terms of accepting more overall responsibility. As such, Uber and Lyft accident claims tend to be exceptionally challenging, and having the professional legal guidance of an experienced Uber & Lyft accident lawyer on your side is always well advised.
The Specifics of Your Accident
Your Uber & Lyft Accident claim will be unique to the unique circumstances involved, but there are certain legal specifics that apply across the board. Where the rideshare driver is in the process of providing contract work for Uber or Lyft at the time of the accident will determine where the insurance coverage that is activated originates from, and better understanding the ins and outs of this determination can help you with your claim.
The Rideshare Driver Has a Passenger
If the rideshare driver whose negligence causes you to be injured in a car accident is on the rideshare app at the time and has an Uber or Lyft passenger in his or her vehicle – including when this passenger is you – you can expect Uber or Lyft’s comprehensive insurance coverage to be responsible for covering your complete range of physical, financial, and emotional losses. In these instances, determining which insurance company to file your claim with is fairly straightforward. The same is true if the rideshare driver is on the app and is en route to pick up a passenger that has made a request through the rideshare company.
The Driver Is Waiting for a Ride Request
Things are a bit different if the rideshare driver is on the app but has no passengers and no requests pending. While he or she is still on the clock – so to speak – for Uber or Lyft, the legal connection is more tenuous. If you are injured by the rideshare driver’s negligence at this juncture, Uber or Lyft’s coverage will not kick in until the driver’s own personal coverage is depleted. Although rideshare drivers are required to carry specific liability minimums, their coverage is almost certain to be far less robust than that carried by the rideshare companies themselves. If an Uber or Lyft driver’s negligence leaves you harmed within this stage of driving, you may need to pursue your claim through two insurance providers.
The Driver Is off the App
It likely comes as no surprise that, once the rideshare driver toggles off the Uber or Lyft app, the rideshare company’s coverage no longer applies – and your claim will proceed in the same way that any other car accident claim would (through the negligent driver’s car insurance provider). This, however, isn’t quite as straightforward as it seems. Consider the following:
- Rideshare drivers are often on the road for the sole purpose of transporting Uber and Lyft requests. This means that, by the time they close the rideshare app, they are more likely to be dangerously exhausted than they were while actively pursuing rideshare passengers.
- Because making a living in the gig economy tends to require a lot of determination and hustle, rideshare drivers often move back and forth between the Uber and Lyft apps, and when an accident happens in the interim, the driver’s own policy becomes the only source of coverage available.
Uber and Lyft Accident FAQs
Rideshare claims tend to be complicated, which can make having the answers to some of the most frequently asked questions beneficial.
What should I do if I’m injured as a rideshare passenger?
The truth of the matter is that rideshare drivers have to keep moving in order to get paid, and this can translate to cutting safety corners in an effort to complete as many rides as possible. If you’re injured in the process – as a passenger in the rideshare vehicle – the most important steps you can take include:
- Seek immediate medical attention even if you don’t think you were seriously injured, and follow your doctor’s advice and instructions carefully
- Consult with a seasoned Lawrenceville Uber & Lyft accident lawyer as soon as you are able to do so
- Allow your capable rideshare lawyer to communicate and negotiate with the rideshare company’s insurance provider on your behalf
- Take a social media holiday and refrain from posting until your claim is resolved (the insurance company has considerable resources and will spare no expense when it comes to diminishing your claim in whatever way it can, including twisting any social media posts to its own meanings)
What can I do if I can’t afford to hire an Uber or Lyft Lawyer?
The good news is that you can afford to hire an accomplished Uber or Lyft accident lawyer because they typically work on a contingency basis. This means that their pay is contingent upon – or depends upon – your claim’s outcome. If your Uber or Lyft claim settles or receives a court award, a prearranged percentage of the amount will go to your Uber or Lyft lawyer, but if your claim is not successful, you won’t owe your rideshare lawyer anything. Because your lawyer assumes the financial risk, you don’t have to worry about whether or not you can afford to hire a veteran Uber or Lyft lawyer.
Do I have to work with an Uber or Lyft Accident lawyer?
Rideshare claims are so complicated, and the outcome of your claim is so critical to your recovery that proceeding without the professional legal guidance of an Uber or Lyft accident lawyer is not advised. Rideshare companies have nearly limitless resources, and they are happy to employ these resources to keep settlements as low as possible – or to deny claims outright.
Because the insurance company you are going up against is good at what it does, you do yourself a disservice by not having an Uber or Lyft accident lawyer in your corner. You need an advocate standing up to insurance companies on your behalf who will not back down until you get what you deserve.
Connect with An Experienced Lawrenceville Uber and Lyft Accident Attorney
Having an attorney by your side throughout the process of settling your Uber or Lyft accident will support your outcome and take the stress off your plate and out of your day-to-day life. Connect with Spaulding Injury Law today to schedule a consultation on your case to determine your best outcome.
Our attorneys have over 25 years of combined experience helping clients recover the compensation they deserve from their personal injury claims.
Our Lawrenceville Uber and Lyft accident lawyers serve clients in Cumming, Alpharetta, and Atlanta, GA.
To schedule a free consultation regarding your case, please call 678-541-8841 or send us an email by filling out the online contact form on our website. If you hire our law firm, you won’t pay any attorneys’ fees until you have recovered compensation. For more information on truck accidents, visit the blog on this website.
Spaulding Injury Law: Lawrenceville Personal Injury Lawyers is located at 223 Scenic Hwy S #202, Lawrenceville, GA 30046, United States.
