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How to Determine Fault in an Uber Accident?

recovering your damages after uber or Lyft accident in New York

Determining who is at fault in an accident involves identifying the party whose negligence caused the incident. However, the process is often complex due to the involvement of multiple parties, such as the Uber driver, the rideshare company, other motor vehicle drivers, and pedestrians.

Furthermore, factors like negligence, violation of traffic laws, personal insurance coverage, and the status of the Uber driver within the app are also considered in determining fault. In some situations, the fault is readily apparent. For instance, if an Uber driver runs a red light and collides with another car, this clearly demonstrates negligence. In such cases, the Uber driver compensates you for the property damage and medical costs.

However, there are situations when a fault is unclear and becomes difficult to prove. In such cases, you need an expert lawyer by your side to investigate your accident location. At Uptown Injury Law, PLLC, our team of experienced Uber accident attorneys follows a simple process to determine fault:

  1. Investigating your accident scene.
  2. Gathering all the essential evidence, like police reports and accident scene photos.
  3. Analyze both the Uber and the other driver’s conduct.
  4. Consult with accident reconstructionist experts.

We aim to make this complex claims process hassle-free so that you can effortlessly recover your damages. Don’t wait and start your FREE CASE EVALUATION today or give us a call at 917-540-8728.

How to Prove Liability After an Uber Accident?

If you’re involved in an Uber accident, you need to prove the liability of the at-fault party. Proving negligence in Uber accidents is the same as it is in any other personal injury case. To do this, you must establish the following four factors, such as:

  • The first factor you must show is the duty of care. This means that all drivers are legally obligated to follow traffic laws or drive carefully to ensure your safety and the safety of other passengers, drivers, and pedestrians on the road.
  • After this, you’ll need to show how the negligent actions of the at-fault driver, such as speeding or driving under the influence, cause him to breach his duty of care.
  • Next, prove the causation of your accident. This means you need to establish that the Uber driver’s breach of duty resulted in your injuries.
  • Finally, detail and establish your damages or injuries that resulted from the accident. This can include physical injuries, emotional trauma, property damage, and financial losses like medical bills and lost wages. If you fail to prove your damages, an insurance company can deny your claim by saying that you’re falsifying your injuries and that these injuries are pre-existing.

Evidence You Need to Prove Negligence After an Uber Crash

To prove the negligence of the at-fault party, you must gather solid evidence to support your car accident case. This may include the following, such as:

  • Photographs of your accident scene, such as the extent of damage to your vehicle.
  • Medical records of your injuries and medical bills of your treatment.
  • Copy of the official police report from the local police officer in your area.
  • Obtain the witness’s contact information and personal statements.
  • Collect the Uber and other driver’s licenses and insurance information.
  • Gather screenshots or save trip records from the Uber app.

In such cases, you should contact an attorney as soon as possible at Uptown Injury Law PLLC. This is because we have 15+ years of experience in both courtroom and settlement negotiations. Additionally, we will collect strong evidence on your behalf to establish the negligence of the responsible party so you have peace of mind that you’ll get the highest compensation after the traumatic accident caused by the other party. 

Common Causes of Uber Accidents

Uber or Lyft have become popular in recent years, offering you a convenient way to travel without the hassle of traffic and parking. However, it’s important to understand that these ridesharing services have risks. Despite the convenience they offer, rideshare-related accidents are on the rise because of major causes, such as: 

  • Speeding 
  • Driving under the influence or drowsy driving 
  • Driver fatigue 
  • Distracted driving, such as eating, drinking, and texting while driving
  • Aggressive driving 
  • Inexperienced driving 
  • Poor road conditions 
  • Traffic law violations 
  • Failing to yield
  • Unsafe parking and poor vehicle maintenance 

If you are unsure of the cause of your accident, get in touch with an Uber accident attorney at Uptown Injury Law, PLLC. We will help you discover the exact cause of the accident and ensure you receive the full compensation you deserve.

How to Determine Fault if You’re Partially At-Fault After an Uber Accident?

When it comes to shared fault, jurisdictions in the United States typically follow one of two negligence rules, such as: 

  1. Comparative negligence
  2. Contributory negligence

Comparative Negligence: Under the comparative fault rule, each party involved in your crash is assigned some percentage of fault. However, this percentage depends on the level of responsibility each party bears for the accident. 

For instance, if you’re 30% at fault for your accident and the other driver is 70% at fault, responsibility is distributed accordingly. According to the comparative negligence rule, you or your own insurance company will cover 30% of your damages, and the at-fault party’s insurer will cover the remaining 70% of the damages. 

Contributory Negligence: This negligence rule is a legal doctrine in some states. Under this doctrine, if you’ve contributed even slightly to your accident, you can’t recover any compensation. For example, if you’re at fault, even 1%, you can’t receive any compensation for your injuries and medical expenses.

how an uber / Lyft accident lawyer can help prove fault

Damages Awarded in an Uber Accident Claim

If you’re involved in an Uber accident, you may be entitled to recover compensation for a range of damages and losses. These may include the following, such as: 

  • Medical expenses due to hospital stays, surgeries, and medications.
  • Future medical expenses and loss of future earning capacity.
  • Lost wages and income if the accident keeps you away from work. 
  • Repair or replacement costs if your vehicles get damaged. 
  • Emotional distress or mental anguish. 
  • Loss of enjoyment of life. 
  • Wrongful death damages such as funeral costs.
  • Punitive damages if applicable. These damages are awarded as a penalty to the at-fault party to deter similar negligent actions in the future.

To maximize the compensation you deserve, it is important to determine who is responsible for paying for your damages. An Uber accident lawyer at Uptown Injury Law, PLLC can help pinpoint the liable party and ensure you obtain full compensation for all your losses.

What Should You Do After an Uber Accident?

Right after an Uber accident, your actions can greatly impact the outcome of the situation. Therefore, if you get hurt in such an incident, make sure to follow these steps, such as:

  • Call 911 to seek medical care and check yourself for any bodily injuries.
  • Exchange contact or insurance information with the Uber driver and other parties involved in your accident. This includes names, phone numbers, car insurance companies’ details, and policy numbers.
  • Report your car crash to the police and get an official police report.
  • Take photos and videos of your auto accident scene, including vehicle positions, damages, traffic signs, and road conditions.
  • Avoid admitting any fault on your side.
  • Consult an experienced attorney for legal guidance. An Uber accident lawyer can support you in the insurance claim process and determining the responsible person for your accident.

How Can a Lawyer Help You in Your Uber Accident Case?

If you suffer severe injuries, you may need an Uber accident attorney because a lawyer can assist you in several ways. Firstly, if it’s unclear who is at fault for your accident, a seasoned Uber accident lawyer can examine the details of your case and look into the following factors that led to your crash, such as:

  • Negligent actions of the driver (texting or eating while driving)
  • Poor maintenance of the vehicle
  • If the driver violated any traffic laws

By considering these factors, your lawyer will interview each party involved. Following this, they investigate your accident location and gather evidence that can strengthen your case, such as ride data, witness statements, and surveillance footage. This approach lets your lawyer identify the party responsible for your accident so that you can claim your damages.

Additionally, a knowledgeable Uber accident attorney can guide you through the laws and regulations specific to your state. For instance, in New York, the legal deadline for filing a lawsuit for a personal injury is three years. A proficient lawyer ensures you don’t miss this deadline so that you get compensation for your medical bills and lost income.

Contact Uptown Injury Law, PLLC Uber Accident Lawyers To Get a Free Case Review Today!

Are dealing with the confused and overwhelmed and don’t know how to establish and determine fault after an Uber accident? You’re not alone. At Uptown Injury Law, PLLC, we understand your challenges and are here to provide the support and expertise you need.

With our 15+ years of experience in Uber accident cases, we can help you deal with disputed liability to seek compensation for your damages. We’ll investigate every aspect of your accident to identify liable parties involved and build a strong case on your behalf.

With our promise of NO WIN, NO FEE policy, you won’t have to worry about upfront legal fees. We only get paid when we win your case. So, begin your COST-FREE CASE REVIEW today or give us a call at 917-540-8728.

FAQs

What Mistakes to Avoid After an Uber Accident?

If you get injured in an Uber accident, you must avoid certain mistakes that could harm your case. Firstly, never leave the accident scene without reporting it to the police. After this, call 911 and seek medical attention for both serious and minor injuries.

Additionally, collect evidence like photos, witness contact information, and the Uber driver’s details, and do not admit fault in front of any stranger. Lastly, consult with an Uber accident attorney to build a strong legal strategy for your case so that you get maximum compensation for your damages.

How Soon Should I Consult an Uber Accident Lawyer?

You should consult an Uber accident attorney right after your rideshare accident. They can examine your case details and guide you through your options. Fortunately, at Uptown Injury Law PLLC, initial consultation with our lawyers is free, so there are no upfront costs to worry about.

So, schedule your free-of-cost consultation with us at 917-540-8728 to discuss your rights and ensure you don’t lose your opportunity to seek compensation.

Can Uber Be Held Liable for an Accident Caused by One of Their Drivers?

Yes, Uber can be held partially liable for an accident involving their driver. However, this can depend on factors such as the driver’s status within the Uber app and their insurance coverage.

To identify the true party responsible for your accident, consult an Uber accident lawyer immediately after your motor vehicle accident. They will interview each party involved in your accident and hire accident experts to find the real culprit behind your accident.

What Are the Typical Costs of Hiring an Uber Accident Attorney?

There are no costs to hire an Uber accident lawyer because most attorneys work on the contingency fee policy. In this arrangement, you don’t need to pay anything upfront. Instead, your lawyer would receive a contingency fee—generally between 33% and 40% of the settlement amount they win for your case. 

Can You Claim Compensation if You Share Fault for a Rideshare Accident?

Yes, you can seek compensation even if you’re partially at fault for the accident because of the pure comparative negligence rule in New York. Under this law, if you are at fault for the Uber accident, you can still file an Uber accident claim and obtain compensation for your damages. 

For instance, if you’re 20% responsible, your compensation will be 80%. However, you can only recover full compensation from the negligent party if they bear 100% liability for your crash.

What Is the Average Payout Following an Uber Crash?

There is no fixed Uber accident settlement amount because every case is unique. However, the actual amount you may receive entirely depends upon the unique situation of your case. These may include the seriousness of your injuries, the extent of property damage, and how much the accident has impacted your life.

To determine the accurate value of your Uber accident, turn to Uptown Injury Law, PLLC. We have access to top medical experts to understand the nature of your injuries so that we can calculate the true worth of your damages. This way, we will secure maximum compensation for your injuries and losses.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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