Greenville Uber Accident Lawyer
Uber and other rideshare companies have become commonplace on the roadways. While convenient, unfortunately, Uber cars are not immune from accidents. If you have been in an Uber accident, times may be difficult for you and your family.
A Greenville Uber accident lawyer from the Peace Law Firm can help by reviewing your case. If the Uber driver was responsible for the accident, you may be entitled to compensation to help put the pieces of your life back together. Contact an Uber accident lawyer in Greenville to see if we can help you.
What Is an Uber Accident?
An Uber accident refers to any roadway accident that involves an Uber. You may have an Uber accident claim if:
- You were traveling in a vehicle hit by an Uber driver;
- You were a passenger in an Uber vehicle when an accident occurred;
- You were hit by an Uber driver as a pedestrian; or
- You were hit by an Uber driver as a cyclist.
This list is non-exhaustive. There may be other scenarios. If you or a loved one has been injured in an Uber accident, contact a Greenville Uber accident attorney.
Do I Need an Attorney to File an Uber Accident Claim?
While not a requirement, you should strongly consider hiring an attorney to help you with your Uber accident claim. The seasoned attorneys at the Peace Law Firm have the experience and resources necessary to deal with your claim. Insurance companies don’t care about your injuries. They care only about their profit margins. Insurance companies know how to manipulate the situation. They know your medical bills are mounting, and you took time off work. Insurance companies can drag the case out. Soon you will be desperate and settle for less money, just like they want you to.
Never face insurance companies without an attorney. The lawyers at the Peace Law Firm don’t fall for insurance companies' tricks. We will fight to secure the highest settlement possible for you. If the case goes to trial, we will advocate for your right to compensation.
How Do I Prove an Uber Accident Claim?
Like any car accident, Uber accident claims are based on the theory of negligence. Negligence refers to the failure to use the same care that a reasonable person in similar circumstances would have. To prove a negligence claim, you must prove four elements.
You must prove that the other party owed you a duty. Like any driver, Uber drivers have a duty to other drivers to drive safely and carefully.
Second, you must prove the other party breached the duty. Some examples of a breach of duty include:
- Distracted driving (changing the radio or checking their smartphone);
- Driving while under the influence of alcohol or other drugs;
- Running a red light or stop sign;
- Failure to use turn signals; and
An Uber driver can also breach their duty to other drivers if they fail to perform regular maintenance on their vehicle when a reasonable person would have.
Third, you must prove that the driver’s breach of their duty was the cause of your injuries. Causation is present if your injuries would not have occurred but for the driver’s negligence and if they are a foreseeable consequence of the breach.
Lastly, you must prove your injuries. Every case is different. The types of damages available depend on the facts of your case. You may be able to get the following damages:
- Medical expenses,
- Loss of income,
- Pain and suffering, and
- Property damage.
A South Carolina Uber accident lawyer will review your case and calculate the appropriate amount of damages.
Who Is Responsible for Paying an Insurance Claim for an Uber Accident?
Filing a claim for an Uber accident can be challenging. Uber drivers are independent contractors. Therefore, you cannot sue Uber for the actions of its drivers. However, Uber and its drivers must carry rideshare insurance. South Carolina law requires that rideshare drivers or the rideshare company on behalf of the driver possess rideshare insurance.
The determining factor in an Uber accident in South Carolina is the status of the driver at the time of the accident. If the Uber app is not turned on, the Uber driver is treated like any other driver: the driver’s private car insurance would pay the damages if the driver is found to be at fault. Other scenarios can be trickier.
If an accident occurs when the driver has the Uber app turned on, but no ride has been accepted, Uber’s insurance should cover the cost if the Uber driver is found to be responsible for the accident. This includes:
- At least $50,000 for death and bodily injury per person;
- At least $100,000 for death and bodily injury per accident; and
- At least $50,000 for property damage.
If the Uber driver had a passenger or was going to pick up a passenger, Uber’s insurance would cover the damages if the driver’s coverage was insufficient. This includes a $1 million limit for death, bodily injury, and property damage. South Carolina law states that wherever the driver’s rideshare insurance is not enough, the rideshare company’s insurance must provide the coverage.
If you are a passenger in an Uber car and another driver is responsible, then that driver’s private automobile insurance would pay for the injuries you suffered.
How Long Do I Have to Bring an Uber Accident Claim?
Uber accidents fall under the category of personal injury claims. South Carolina’s statute of limitations for personal injury sets a three-year time limit. That means you have three years from the day of the Uber accident to bring a lawsuit. Once this deadline passes, you are generally barred from filing a lawsuit.
Contact an Uber Accident Attorney in Greenville
You may be entitled to compensation if you were hurt in an Uber accident. Don’t let the bills pile up. You don’t have to go through this challenging time alone. For over 20 years, the Peace Law Firm has been defending clients injured by the actions of others. We pride ourselves on representing people, not insurance companies or business employers.We understand how insurance companies operate, and we have the skills to counter their ruthless tactics. The experienced attorneys of the Peace Law Firm are ready to help you. Contact us for a free case evaluation.