What to Do After an Uber Accident

Many people in the Atlanta area opt to travel around town using a rideshare like Uber or Lyft instead of driving themselves as a way to stay safe. After all, with someone else doing the driving, you can avoid the risk of making a mistake while you’re impaired by fatigue, anxiety, alcohol, or anything that could interfere with your judgment.

But paying an Uber or Lyft driver to transport you does not automatically keep you safe. These drivers make mistakes, too. So what should you do if you’ve been hit by an Uber driver or injured while riding in a rideshare vehicle? Our experienced legal team offers a step-by-step guide to help you protect your health as well as your legal rights and financial future.

Steps to Take Immediately After the Accident

Experiencing an Uber accident as a passenger can be much more disorienting than an accident while driving or riding in your own personal vehicle. In the moments after the collision, it is important to ensure your safety and the safety of others involved.

Step 1 – Check for Injuries and Dangers

Assess your condition and the condition of others in your vehicle. If possible, look around outside to see whether anyone in another vehicle, including pedestrians and bicyclists, may be injured. If you are in a dangerous position and it is possible to move to a safer location, do so. If your position is not immediately dangerous, stay inside the vehicle until first responders arrive.

Step 2 -Call 911

Even if the Uber driver or others involved are making calls, you should still report the crash to dispatchers at 911. You may be able to provide information that others don’t have about injuries or your position. 

It is always a good idea to report an accident, even if it appears that no one is injured. Getting a report from the police can be extremely valuable later on, and first responders can help protect everyone at the scene.

Step 3 – Seek Medical Help

Right after a collision, the adrenaline running through your system can mask symptoms of all types of injuries. It is important to let emergency medical personnel on the scene examine you and follow their instructions. If they recommend taking an ambulance to the hospital, then it is wise to do so. However, even if they don’t tell you you should go to the hospital, it is still important to get a thorough medical exam as soon as possible after the accident. EMTs are looking for a limited range of conditions, and they have nowhere near as much training as physicians. A doctor may be able to detect serious injuries that are not immediately obvious, such as internal bleeding.

Step 4 – Start Documenting the Accident

If your injuries don’t prevent you from taking steps to record evidence of the rideshare accident, this is the best time to do it. Take photos and videos on your phone, recording what happened and how you feel. Take pictures of others involved and witnesses. Try to collect contact information for the Uber driver and everyone else at the scene. Take screenshots of the Uber or Lyft app that shows details of the trip. If possible, have someone take photos outside the vehicle showing the scene, traffic signs, skid marks, and other evidence. Take photos of any security or traffic cameras you notice.

Steps to Take Next

After you’ve had time to catch your breath and get medical treatment, there are other critical steps to take. If you’re not sure what to do first or how to handle the situation, you can get advice from a personal injury lawyer experienced in handling Uber accidents.  

✔ Notify the Rideshare Company

Uber and Lyft both have reporting tools in their apps that you can use to report the rideshare accident. You should let the rideshare company know about the accident, but do not speculate about what caused the accident or the injuries or damage that may have resulted. It is too early to make these determinations. 

The rideshare companies provide insurance for their drivers, and the insurance companies will contact you soon after they learn of the accident. You want to avoid saying anything that could be used against you to deny your claim for damages. If you have an attorney, your lawyer can speak to the insurers and rideshare company on your behalf so that you do not have to worry about saying anything that could hurt your ability to receive compensation for the effects of the Uber accident.

✔ Notify Your Own Insurance Company

Strange as it may sound, you should also report the accident to your own car insurance company even if you weren’t driving. Your policy could potentially cover some losses that are not covered through other means. This notification just provides you with a safety net.

✔ File a Claim for Damages

While Uber and Lyft provide coverage for drivers who work for them, sometimes the driver’s personal insurance will be responsible for paying claims from an accident. If a rideshare driver causes a collision while the app on their phone is turned off, then insurance provided by Uber or Lyft will not apply, and you will need to file a claim with the driver’s personal insurance company. 

If the driver has a passenger in the vehicle or is driving to pick up a passenger, the rideshare insurance policy should provide coverage. If the driver has the app turned on but is not actively working on a ride request, then the Uber or Lyft policy may or may not apply, depending on the circumstances.

If this sounds confusing, it’s because establishing liability after any motor vehicle accident can be very tricky. When you work with an experienced accident attorney, your lawyer can assess the situation and file claims with all the appropriate parties to ensure that you have the best chance of receiving full compensation for your pain, suffering, and other losses.

Uber and Lyft Drivers May Be Liable for Injuries to Passengers or Those in Other Vehicles

If you were injured in an accident caused by a rideshare driver, you may be able to recover compensation through their insurance company if you were:

• A passenger in the rideshare vehicle
• A driver or passengerLINK in another vehicle involved in the accident
• A pedestrian, bicyclist, or motorcyclist injured in the accident

Under Georgia law, when someone’s negligence, recklessness or deliberate wrongdoing causes harm to another person, the individual responsible is liable for the losses that result, including intangible losses such as pain and suffering.

Demonstrating Responsibility is Critical

Because Georgia is an at-fault jurisdiction when it comes to motor vehicle accidents, it is important to build a strong legal case to demonstrate why the Uber or Lyft driver is responsible for causing the accident and resulting injuries. This requires having extensive evidence and presenting that evidence persuasively. A skilled attorney can help collect evidence and preserve it so it is available for settlement negotiations and presentation in court, if necessary.

The best time to collect evidence is right after the accident when the evidence is fresh. As time passes, the accident scene will change and evidence such as skid marks will become harder to discern. Footage from traffic cameras or security cameras could be recorded over unless your attorney takes steps to access and preserve it. Witnesses are harder to locate and their memories won’t be as accurate or detailed. If you are not able to get out to photograph the accident scene and gather other critical evidence, it is a good idea to send someone else on your behalf.

To demonstrate that the rideshare driver was negligent, you will need evidence to show that they either did something that violated the duty of safety owed to others or that they failed to fulfill an obligation in some way. For instance, driving over the speed limit or too fast for weather conditions would be an example of an action that violates a duty of responsibility owed to others on the road. If a driver caused an accident because they failed to check for other vehicles before changing lanes, that would be an example of negligence stemming from failure to fulfill an obligation.

The most difficult part of the process is often locating and presenting evidence to link the driver’s irresponsible behavior to the causation of the accident and injuries. An experienced attorney should understand how to demonstrate this link in causation persuasively. In addition, your attorney will need to show how your injuries resulted from the accident and extent to which the injuries impact your life.Attorneys representing the insurance companies are always finding ways to argue why they should not be required to pay for the claim, so you need to be prepared to stand up to bullying tactics. A seasoned accident attorney will know not only how to demonstrate liability but also how to evaluate the value of losses so that they can determine when an offer from the insurance company finally provides fair compensation.

Michael M. Day Helps You Recover After Rideshare Accidents

If an Uber driver caused an accident that injured you while you were a passenger, while you were in another vehicle, or as a pedestrian or bicyclist, it is important to take the right steps to secure your legal rights and protect your future. At Michael M. Day Law Firm, LLC, we understand the challenges that arise when a car or truck accident involves a rideshare driver. We know how to cut through the confusion to get you the recovery you deserve. For a free consultation and case evaluation to learn more about your options after an Uber or Lyft accident, call 404-480-4284 or contact us online. You can also review our case results to see outcomes we’ve achieved for clients.