Clifton Uber Accident Lawyer
Uber and other rideshare companies have their share of safety issues. Although the process started slowly, all 50 states now have regulations that govern how these companies screen drivers to prevent accidents. There are also regulations about the insurance they must carry to protect accident victims.
When Uber drivers cause accidents, passengers, motorists, pedestrians, and cyclists can suffer injury or death. While the same laws apply to determining the liability for the resulting losses, Uber and its drivers operate under a different set of insurance requirements.
After you get injured by a negligent Uber driver, you need a trusted attorney who can stand up to the company’s multi-billion dollar insurers. The Clifton Uber accident lawyers at Garces, Grabler & LeBrocq have been helping English- and Spanish-speaking accident victims for over 30 years. Contact us to learn how a car crash attorney can help after an Uber crash.
Steps To Take Following an Uber Accident in Clifton
When you get injured by an Uber driver, you need to document what happened. Your options will depend on the Uber driver’s actions as well as your role in the crash.
Specifically, the insurance coverage available to victims will depend on whether you were a passenger or a road user. It will also depend on whether the Uber driver or someone else caused the collision.
The steps you take after the crash could affect your rights. Some ways you can protect your right to pursue injury compensation include the following:
If you were a driver hit by an Uber, you know you need to stay at the accident scene. Leaving the accident scene might expose you to criminal charges for hit-and-run.
However, passengers, pedestrians, and cyclists should remain at the accident scene until the police arrive. If your injuries allow it, you can gather the information you need to prove what happened and where you will file your claim.
Get the Uber driver’s name and insurance information. Try to get any other driver’s name, address, and insurance information as well. Depending on the circumstances of your crash, you will file your claim against the driver who caused the crash. If you can’t get this information, you will be able to get it from the crash report.
If there are any bystanders, get their names and contact information. These people might provide important eyewitness testimony that can support your description of the crash.
The drivers in a New Jersey crash must contact the police to report the accident. If you were one of the drivers, you should report the crash. If you were not a driver but an Uber passenger injured in the crash, stay at the accident scene to talk to the police.
When you speak to the police, be honest and tell them the entire story. For example, if you saw the driver trying to eat while driving and you believe that distraction contributed to the crash, tell the police.
You want the crash report to include your version of the events, even if it might not help your accident claim. For example, if you have no idea how the crash happened, tell the police.
Seek medical care appropriate for your injuries. Ask the investigating officers to request an ambulance or paramedics to treat any injuries that need immediate attention, such as:
- Paralysis
- Head trauma
- Major fractures
- Severe lacerations
Even if you have non-incapacitating injuries and feel that you can safely leave the accident scene under your own power, you should still see a doctor. Arrange to go to the emergency room, insta-care clinic, or doctor’s office.
Seeing a doctor will benefit your health and support your injury claim in several ways. A doctor can diagnose any apparent injuries, such as fractured bones. They can also identify less apparent injuries such as a concussion or torn ligaments.
You will receive a treatment plan from your doctor. This plan will include any limitations on your activities. It will also describe any surgeries, treatments, or therapies prescribed by the doctor. This plan will help you estimate your future medical costs.
Finally, your doctor’s visit will generate a medical record. This record will prove the timing and cause of your injuries. More specifically, it will help you prove that your injuries came from the crash and not from some unrelated event.
Uber accidents present complex issues. As a passenger, you might not know exactly what happened to cause the crash. As a road user, you face an array of insurance options. In both cases, you need someone with legal knowledge and experience dealing with insurance companies.
The Uber accident lawyers in Clifton at Garces, Grabler & LeBrocq have represented accident victims since 1991. We have decades of experience dealing with at-fault drivers and their insurers. After your Uber crash, we will outline all of your options for pursuing fair compensation for your injuries.
Common Causes of Uber Accidents in Clifton
Uber accidents happen for many of the same reasons other car accidents occur. Some common causes for Uber crashes include the following:
Almost every driver tries to multitask at some point. However, scientists now know that the human brain can’t multitask. Instead of performing multiple tasks simultaneously, the brain rapidly switches its focus from task to task. In other words, performing any task while operating a vehicle will degrade the driver’s skills.
Uber’s driver app includes notifications to tell a driver when the phone is not mounted. These notifications are meant to reduce handheld cell use while driving. However, the app cannot eliminate other distractions, such as eating, reading, or talking while driving. As a result, Uber drivers might miss seeing or reacting to road hazards.
Speeding includes exceeding the speed limit and driving too fast for conditions. Both of these behaviors are common for Uber drivers. Since they only get paid while carrying fares, drivers have an incentive to complete as many trips as possible.
Uber drivers who speed will risk losing control of their vehicles. They also increase the energy of any crash that happens. Greater crash energies mean more severe injuries.
Rear-end collisions are typically toward the top of the list of common traffic accidents. These accidents often happen when drivers fail to follow other vehicles at a safe distance.
Tailgating usually stems from impatience. It rarely, if ever, will cause the driver in front to speed up. Instead, it just puts a vehicle unnecessarily close to the vehicle in front of it. If the front vehicle stops suddenly, the Uber driver will slam into the rear bumper of the vehicle. The occupants of both vehicles will whip back and forth, suffering injuries like concussions and whiplash.
Another violation that can result from impatience happens when Uber drivers run stop signs or red lights. These crashes can also occur when a driver is in an unfamiliar neighborhood.
Since these violations happen at intersections, they often result in side-impact collisions. These collisions can cause severe injuries for a few reasons. First, your seat belt and airbag are not designed to protect you in a side-impact collision. As a result, you could strike the door, side window, door post, gearshift, or console as your body is thrust sideways.
Also, a side impact can cause the door to fail. As it bends inward, it can crush the occupants of the vehicle.
Unsafe lane changes often occur when Uber drivers don’t pay attention to the vehicles around them. Instead of checking blind spots before changing lanes, drivers rely on their mirrors, potentially leading to side-swipe collisions.
Another type of unsafe lane change happens when Uber drivers weave in and out of traffic. Most drivers would view this practice as unsafe.
Rights of Passengers in Uber Accidents in Clifton
The tricky part of dealing with Uber accidents is that Uber drivers use the same vehicle for personal and business purposes. Different insurance requirements apply depending on the vehicle’s use. Thus, the rights of a pedestrian or motorist will differ based on what the Uber driver was doing when the crash happened.
However, when Uber drivers carry passengers, special insurance provisions kick in. This insurance coverage guarantees the rights of passengers, including:
- The right to pursue a claim for Uber driver negligence
- Liability coverage of up to $1.5 million for bodily injury
- The right to see the Uber driver’s insurance information after a crash
Of these, the most important is the policy limit for drivers once they pick up passengers. Bear in mind that this policy limit gets split across all victims injured by the driver’s negligence. Thus, passengers will share this liability coverage with motorists, pedestrians, and cyclists injured in the same crash.
Differences Between Uber Accidents and Regular Car Accidents
The biggest difference between Uber accidents and other car accidents comes from the way insurance works in New Jersey. When you ride with a friend or family member, you fall under the no-fault insurance for the vehicle. If you crash, you will typically start with a no-fault policy. You will only move outside this policy if you suffer severe injuries or your costs exceed the policy’s limits.
Uber drivers, on the other hand, must carry liability coverage while transporting passengers. When Uber drivers crash with passengers aboard, anyone injured can pursue compensation from the liability policy.
On the one hand, liability policies require proof of the Uber driver’s negligence. An injured person can only recover compensation if they prove the Uber driver negligently caused the crash.
On the other hand, the limit for the mandatory liability policy is significantly higher than the state’s no-fault minimums. This means the Uber driver’s liability policy will have more funds available for victims who are catastrophically injured.
Navigating the Legal Process for Uber Accident Claims in Clifton
Whether you are a passenger or a road user, your accident claim will start with an insurance claim. Liability insurance is a contract between an insurer and a policyholder to pay liabilities incurred by covered drivers. In plain language, this means that liability insurers pay third parties injured by drivers listed on the policy.
To establish liability, you must prove the driver acted negligently. Negligence occurs when an Uber driver fails to exercise reasonable care while driving. This standard of care means the driver must drive with the caution and prudence of an ordinary person in the same situation.
Clifton lawyers can prove an Uber driver’s negligence in an accident in two ways. First, a driver is negligent when they break traffic safety laws. Thus, a crash that results from an Uber driver who tailgated or ran a red light resulted from negligence.
Second, lawyers can prove negligence even when an Uber driver did not violate any traffic laws if they acted in a way that created an unreasonable risk of a crash. For example, New Jersey has no laws against eating while driving. But if your Uber driver was distracted because they had a sandwich in their hand while driving, you have a negligence case.
Lawyers start the legal process by filing an insurance claim with the Uber driver’s carrier. This claim explains what happened and includes supporting documents, such as medical records, crash reports, and witness statements.
The insurer assigns an adjuster to your case. The adjuster investigates the claim to determine whether the insurer is legally obligated to pay it under the policy’s terms. If the adjuster accepts the claim, your lawyer can negotiate a settlement. If the adjuster denies the claim, you may need to file a lawsuit.
Contact Our Clifton Uber Accident Attorneys
An Uber crash presents many legal and factual issues that are best handled by an experienced Clifton Uber accident lawyer. To recover full and fair compensation for your injuries, you will face powerful insurance companies protecting valuable insurance policies. Garces, Grabler & LeBrocq has the tenacity and resources to stand up to these insurers and fight for your best interests.
Regardless of your role in the crash, you have options for pursuing compensation for the losses caused by your injuries. Contact us online or call 1-800-923-3456 for a free consultation to discuss your Uber accident and how we can help you.
