If you’ve been involved in an accident while using Uber in Boston, it’s crucial to seek legal representation from a team well-versed in handling rideshare accidents. Our dedicated Boston Rideshare Accident lawyers specialize in Uber accidents and are committed to advocating for your rights. With our expertise in personal injury law and car accident cases, we understand the complexities involved in these situations. Whether you were a passenger, another driver, or a pedestrian injured in the accident, our experienced team of Boston car accident lawyers and personal injury lawyers is here to provide you with the support and guidance you need. We’ll thoroughly investigate the circumstances surrounding the accident, determine liability, and fight tirelessly to ensure you receive fair compensation for your injuries, medical bills, and other losses. Don’t face the aftermath of an Uber accident alone – contact us today for a consultation and let us help you navigate the path to recovery and justice.
What Does an Uber Accident Lawyer Do?
Uber accident attorneys practice tort law, helping victims of personal injuries caused by someone else’s negligence or wrongful action. They can help you file an insurance claim with the correct provider or a lawsuit to take your case to civil court. Consider some specific tasks they perform to assist you through the legal process:
- Communication. They directly communicate with the insurance company for you, protecting you from potential bad faith tactics an adjuster may use to avoid paying a valid claim.
- Administrative work. They complete and file all the paperwork needed to establish your claim or lawsuit and ensure you make no mistakes that could slow down the filing process.
- Investigation. They independently investigate the accident to find evidence of negligence, sometimes with the help of an accident reconstruction expert.
- Damages identification. Your attorney will note all recoverable damages and find the evidence necessary to prove your losses.
- Knowledgeable support. You form a relationship with your attorney, relying on them for comfort and understanding, especially during this challenging time.
The average Uber accident lawyer works on contingency. This means they only receive payment for services if they successfully complete your case. They have compassion for victims and their families and will fight to protect your right to fast and fair compensation.
Who Is Liable for Damages in an Uber Accident Case?
The question of liability differentiates an Uber accident case from a standard auto accident. With multiple parties involved, each having different insurance policies and varying levels of responsibility, figuring out who must pay for damages can be challenging. Some possibly liable parties include:
- The Uber driver. If the Uber driver caused the accident, they are responsible for the damages. However, their level of engagement with the Uber app will determine what insurance policy covers the cost.
- The rideshare company. Uber provides liability coverage for its drivers. However, the range varies depending on how engaged the driver is at the time of the crash. Coverage increases when a ride is in progress.
- Another motorist. If another driver caused the accident, you may be able to file a claim against that driver.
- Passengers. In rare cases, a passenger could contribute to the accident. For example, startling the driver and creating an unsafe condition may result in partial liability.
Sometimes, more than one party shares liability for an accident. For example, both another motorist and the Uber driver could share fault. In that case, a passenger injured in the accident could recover damages from both. When you work with an Uber accident lawyer, they will help you determine who is liable for your losses and file the claim or claims with the appropriate provider.
What Massachusetts Laws Apply to Uber Accident Cases?
Three state-mandated laws that most commonly impact Uber accident cases include the no-fault auto insurance requirement, the statute of limitations and the comparative negligence rule. Your legal representative will explain each rule in detail as it applies to your case, but having a basic understanding of each is vital for anyone planning to seek compensation.
No-Fault Auto Insurance
Massachusetts is one of only a few states that mandates the purchase of no-fault auto insurance, known as personal injury protection coverage. In this system, each driver turns to their own insurance policy to cover medical expenses, out-of-pocket expenses and a portion of lost income, regardless of who was at fault for the crash.
The no-fault system does not bar lawsuits under all circumstances. You can step outside the no-fault systems and sue the at-fault driver if you meet the state’s serious injury threshold. This includes injuries that cause severe or permanent disfigurement, a significant loss of sight or hearing or broken bones. You may also qualify if you incurred $2,000 in medical bills for your injuries.
Statute of Limitations
The statute of limitations refers to the deadline for filing a lawsuit following your accident. Massachusetts allows three years from the date the crash occurred to file a lawsuit. Missing the deadline can result in the dismissal of your case. While three years may seem like an extensive period, time can weaken your evidence. Beginning the claims process as soon as possible is always advisable.
The Comparative Negligence Rule
The court will apply the modified comparative negligence rule for cases involving shared fault. The law reduces the plaintiff’s total compensation by an amount equal to their share of responsibility for the accident. If you and an Uber driver are responsible for a collision, the law only allows you to recover compensation if you are less at fault than the Uber driver.
For example, suppose you incurred $10,000 in damages from your accident, and the court finds you 40% at fault. In that case, you would be liable for 40% of the resulting damages. However, being more than 50% responsible for the accident would make you ineligible to recover damages.
How Do You Prove Negligence in an Uber Accident Lawsuit?
As the injured party filing a claim, you are responsible for proving the other party’s negligence. When you hire an Uber accident lawyer, they will ensure you have the evidence necessary to establish the three components of a negligence claim:
- The defendant owed you a duty of care at the time of the accident.
- They violated that duty of care.
- Their breach of duty resulted in the accident that caused your injuries.
Your attorney’s investigation into the accident allows them to gather the proof needed for both negligence and damages.
What Damages Can Uber Accident Victims Recover?
The law refers to every loss associated with your accident and injuries as compensatory damages. If you are eligible to file a lawsuit seeking compensation, the amount of damages available for recovery is significantly higher than through a no-fault insurance claim. Consider the economic and non-economic damages available in most Uber accident cases.
Economic Damages
The economic damages in your case will cover your financial losses caused by the at-fault party’s actions. Some examples include:
- The cost of your medical expenses, including emergency services and the scene and any ongoing treatment needed for long-term care
- The income lost due to current and future missed work or loss of earning capacity
- The cost of repairing your damaged property
- The cost of any services necessary during your recovery, such as hired assistance for childcare or household chores
Unlike filing a no-fault claim, filing a fault-based claim or lawsuit allows you to recover 100% of the damages you can prove. Hiring an Uber accident lawyer ensures you have experienced professionals identifying all recoverable losses and the necessary evidence to prove them.
Non-Economic Damages
Non-economic damages include the mental and emotional losses associated with your case. These can vary drastically depending on the circumstances surrounding the accident and the severity of your injuries. Common examples include:
- The pain and suffering insured from your injuries and medical treatment
- The emotional distress and mental anguish that often follow devastating accidents
- Anxiety, depression or post-traumatic stress that can limit your ability to enjoy life as you once did
- Disability, disfigurement or dismemberment
Proving these damages is more complex than the economic losses. However, the value is often much higher. Your attorney will work with you to assign adequate monetary value to non-economic losses and ensure you receive a fair settlement or award.
Wrongful Death Damages
In Massachusetts, any harm caused by someone else that results in death and would otherwise warrant a personal injury claim is a wrongful death. If you lost a family member in an Uber accident caused by someone else’s actions, your loved one’s estate administrator could file a wrongful death claim to recover damages for you.
In addition to lost income and medical expenses, you could recover the cost of funeral and burial expenses and the loss of inheritance and benefits. The court recognizes your emotional loss as well. The estate administrator could request compensation for losing the love, nurturing, care, companionship, society and guidance your family member provided. After winning the case, the executor will ensure the appropriate surviving family members receive the awarded damages.
When Should You Contact an Uber Accident Lawyer?
It is never too soon to contact an attorney and find out how to protect your right to compensation. Accidents involving rideshare drivers are often more complex than the average auto accident, and the victims deserve representation without financial strain. If you have questions about the details of your crash, the team at Jason Stone Injury Lawyers can help. Contact us online to schedule your free consultation with an Uber accident lawyer today. The first element of the Stone Cold Guarantee states that we charge no upfront fees for our services and only get paid if you get paid.
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