Ylla | Gosney represents victims of Uber accidents in Norman, OK. If you or a loved one has been injured in an Uber accident, we can help. In our years of experience, we’ve seen too many lives changed due to careless Uber drivers speeding and violating traffic laws in an attempt to save time. Fortunately, there are legal steps Uber accident victims can take to recover damages they’ve suffered.
At Ylla | Gosney, we will protect your right to compensation after an Uber accident and help you get your life back on track. No car accident injury should define the rest of your life. Get the help you need and contact us today for a no-cost, no-obligation consultation.
Do I Need an Uber Accident Lawyer?
An Uber accident attorney representing you in a rideshare case will help you understand the full value of your claim. By knowing the value, an attorney can hold the at-fault party’s insurance responsible for all of your costs, whereas most insurance companies will try to get you to settle for a small amount or deny you compensation.
Uber accidents are complex. There are a lot of parties involved, along with a major corporation, armed with a team of lawyers. It can be difficult and stressful for a single individual to manage all the moving parts of an Uber accident claim by themselves. An attorney’s job is to manage all of these things on your behalf, so you can take the time you need to recover and get your life back.
At Ylla | Gosney, helping you get your life back after an Uber accident is our number one priority. Our Car Accident Attorneys are ready to discuss the details of your case and provide you with legal representation to ensure you receive compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, and mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
Who Do You Sue in an Uber Accident?
Say you’ve had a little too much to drink at the Bison Witches and you call an Uber to drive you home. Your Uber driver is texting and driving and runs a red light into the middle of an intersection. In less than a second, your ride is t-boned by another vehicle that had a green light and was trying to drive across the intersection. You sustain a broken collarbone, whiplash, and a head injury.
In this case, to seek damages for your injuries, you would sue the Uber driver’s insurance since he was the at-fault party. However, an Uber driver’s insurance operates in a different way than if you got into a wreck with a regular driver. When an Uber driver causes an accident, liability depends on whether the driver was an employee, independent contractor, or driving the car on personal time when the accident occurred. Their status also affects how much you will be able to recover for damages such as:
- Medical bills
- Vehicle repairs
- Pain and Suffering
- Lost wages
However, if your damages are higher than what the Uber driver’s insurance policy can cover, you can also be covered by Uber’s $1 million commercial policy.
Submitting an Insurance Claim to Uber
While an accident with an Uber driver may seem like any other accident, there are a few distinct differences. According to Uber, they maintain a $1 million liability insurance policy for their drivers. Anyone looking to file an insurance claim with Uber can do so here. According to Uber, their insurance coverage depends upon whether the driver was:
- Offline
- Online
- En route
- On-trip
- Or operating solely on their own insurance policy
So, if the Uber Eats driver caused the accident, then the driver’s Uber Eats work app must reflect that they were in transport for work when the accident occurred. If the driver was not performing a work-related activity, then you would most likely need to file a claim against the driver’s personal injury policy.
How Much Can I Sue for After an Uber Accident?
After you’ve been injured in an Uber accident, you are entitled to recover the full amount of your legal damages. The insurance of the at-fault party or Uber’s insurance will make you a settlement offer, but if the settlement is not adequate for your injuries, you can partner with an Uber accident attorney to file a lawsuit. The attorneys at Ylla | Gosney will hold the insurance adjusters responsible for:
- Medical expenses
- Lost wages
- Loss of consortium
- Property damage
- Pain and suffering
You can sue for compensation to cover all of these losses. If you consult with one of our Car Accident Attorneys, we can give you an idea of the amount of compensation you can expect to receive. That’s why establishing an attorney-client relationship is an important step in understanding what your case is worth and maximizing the compensation for your injuries.
What If Multiple Vehicles Are at Fault in an Uber Accident?
Multiple drivers may be “at fault” in your accident with an Uber driver. Even if you’re partially at fault in a multiple-vehicle accident, you may still be entitled to recover damages. This is because Oklahoma operates on a Modified Comparative Negligence Law system, which is considered a “50-percent” rule.
Basically, the ability to pursue damages under comparative negligence applies when a crash victim is 49 percent or less liable for the accident. This percentage of fault can be decided by a police report, but all accident victims have the right to object to their assumption of fault, and ultimately have their fault decided by a judge and jury in court.
How Do I Establish Carelessness in an Uber Accident?
All drivers owe a “duty of care” when it comes to other drivers on the road, even rideshare drivers. Let’s say an Uber driver isn’t paying attention and merges into your car while you’re driving down Main Street in the Historic District. They cause you to go off the road to avoid them, and you suffer a horrific crash, injuring your lower back. Using the “duty of care,” law, you can establish that the other driver caused your accident by proving:
- Lack of duty of care: The driver had a legal obligation to prevent the accident by safely changing lanes
- Breach: The driver failed to uphold their duty of care when they merged into you
- Cause: The driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the car accident, which could have been reasonably prevented
FAQs
Q: Are Uber drivers considered employees or independent contractors in Oklahoma?
A: Yes, in Oklahoma, they are considered independent contractors.
Q: What damages can I recover after an Uber accident?
A: You would recover the same damages as you would in a normal car accident such as medical bills, lost wages, and pain and suffering.
Q: What if I can’t afford a lawyer after an Uber accident?
A: At Ylla | Gosney, upfront money is not required as we operate on a contingency fee basis, meaning we do not charge you anything until your case has been won. If you are awarded nothing, then you owe us nothing.
Contact an Uber Accident Lawyer in Norman OK
If you or a loved one have been hurt due to an Uber driver’s recklessness, we can help. At Ylla | Gosney we have the resources to take on major corporations like Uber, and understand how to use the judicial system to get you the compensation you need quickly and efficiently.
After a horrific car accident, taking the first step toward legal action can seem intimidating, but with us, you’re never alone in this fight. Contact Ylla Goseny today for a free consultation and see what legal options are available for your situation.