Accidents can happen when we least expect them. You trust that your Uber or Lyft driver will exercise reasonable care and follow traffic laws. Still, many accidents occur each day in Atlanta because of rideshare driver’s negligence.
Fortunately, you may recover compensation for injuries sustained because of an Uber or Lyft driver’s careless or reckless acts. Our Atlanta Uber and Lyft accident lawyers can help victims gather evidence and determine whom to sue. The assistance of our experienced attorneys can be highly beneficial when seeking monetary damages.
If you were injured because of an Uber or Lyft driver’s negligent acts, get help from our experienced Atlanta Uber and Lyft accident lawyers by calling Howe Law at (844) 876-4357 for a free case review.
Who Do You Sue After an Uber or Lyft Accident in Atlanta?
Determining whom to sue can be difficult after suffering an accident caused by a rideshare driver. In most cases, you will make a claim against an Uber or Lyft driver’s insurance company after an accident. However, certain circumstances do exist that create liability for Uber and Lyft directly.
Claims Against Uber and Lyft Drivers’ Insurance Policies
Uber and Lyft drivers in Atlanta are required to carry liability insurance coverage to pay for bodily injury and property damage caused by their drivers. Accordingly, you may make a claim against an Uber or Lyft driver’s insurance company if they were at fault for an accident.
However, insurers of Uber and Lyft drivers will likely dispute any claims made against them. Insurance companies will hire defense lawyers, doctors, and private investigators to try and prove their driver was not responsible for an accident. Our Atlanta Uber and Lyft Accident lawyers can help gather evidence to fight insurance companies on your behalf. The following are examples of evidence that may be used to establish negligence on behalf of a rideshare driver:
- Surveillance footage
- Accident reports
- Eyewitness testimony
- Crash diagrams
- Photos from the scene
- Expert testimony
- Personal recollections
Evidence must be provided to prove that an Uber or Lyft driver caused or contributed to an accident in order to recover monetary damages related to that accident.
Claims Against Uber and Lyft Directly
On most occasions, you will be unable to sue Uber or Lyft directly for the actions of their negligent drivers. This is because most rideshare services operate as independent contractors and their drivers are technically not employees. Rare circumstances do exist, however, where you may file a lawsuit against Uber and Lyft after their drivers cause an accident.
For example, Uber and Lyft can be held liable for damages caused by their negligent hiring practices. If a rideshare service hires a driver with a poor driving record, then the service may be held liable for damages caused by that driver. Our Atlanta Uber and Lyft accident lawyers can help determine if a rideshare service’s poor hiring practices contributed to a crash.
Calculating Damages in Atlanta Uber and Lyft Accident Cases
Victims of Uber and Lyft accidents can suffer a wide array of serious injuries. Accordingly, there are multiple types of damages available to plaintiffs in rideshare accident lawsuits. The types of damages awarded will likely depend on the type of injuries suffered. Furthermore, there is a unique process for calculating each form of damages.
The treatment of medical injuries sustained in Uber and Lyft accidents can be costly. The stress induced by costly medical procedures and medications can be immense. Therefore, you may recover compensation for medical expenses incurred because of a rideshare driver’s negligent acts.
Damages for medical expenses are relatively easily established through medical bills. If an injury is considered to have been caused by an Uber or Lyft driver’s negligence, then the cost of treatment for that injury may be recovered. Damages for medical expenses cover the cost of ambulance rides to the cost of post-operative treatment.
Many Uber and Lyft accident victims will be forced to miss a period of work because of an injury. Accordingly, you may also be compensated for lost wages incurred because of a rideshare driver’s careless behavior.
Calculating lost wages will involve using your salary to determine the amount of pay you missed out on by being away from work. Furthermore, you may be compensated for the loss of future earning capacity if you are unable to work the same position after returning to work. For instance, if an accident forces you to leave a manual labor position and work for lower pay behind a desk, you will be compensated for the difference in pay between your new and old job.
Lastly, some victims may be compensated for the loss of business opportunities sustained because of an injury. For example, if salesman was injured in an Uber or Lyft accident, they may be unable to reach their monthly sales quota at work. In such cases, the victim will be compensated for the cost of missing the sales mark at his job. Our Atlanta Uber and Lyft accident attorneys can help gather evidence to prove the loss of a business opportunity.
Property damage may also be recovered after accidents caused by Uber and Lyft drivers. The most common form of property damage stemming from rideshare accidents is damage to other vehicles. If your vehicle was damaged because of an Uber or Lyft driver’s carelessness, you may recover compensation for the cost of repairing or replacing your vehicle.
Non-economic damages can be more difficult to calculate but may also be awarded in Uber and Lyft accident lawsuits in Atlanta. Non-economic damages include compensation for physical pain and emotional anguish suffered because of a crash. Courts will take several factors into account when calculating the amount of damages to be awarded for pain and suffering. These factors include the following:
- Degree of physical pain suffered
- Physical shock of the accident
- Interference with daily life
- Disturbance to family life
- Mental distress
- Distress to loved ones
However, there are many other factors that may come into consideration when making a claim for non-economic damages. Our Atlanta Uber and Lyft accident lawyers can help fight for non-economic damages in your case.
Punitive damages are awarded by the courts in rare scenarios as a way to punish and discourage a defendant’s especially negligent behavior. Punitive damages may be awarded where a defendant’s conduct constituted willful misconduct, malice, fraud, or wanton disregard for other’s safety. Punitive damages will be awarded based on the degree of negligence exhibited by a defendant.
However, most punitive awards in Atlanta are capped at $250,000. In certain cases, exceptions do exist. Our Atlanta Uber and Lyft accident lawyers can help determine if punitive damages may be available in your case.
If You Were Injured in an Uber or Lyft Accident in Atlanta, Our Lawyers Can Help
If you were injured because of an Uber or Lyft driver’s negligent conduct, seek assistance recovering the compensation you deserve. Contact our experienced Atlanta Uber and Lyft accident lawyers by calling Howe Law at (844) 876-4357 for a free case review.