Uber Car Accident Attorney in Laurens
With Uber in Laurens, SC, rideshare companies’ activity has been surrounded by controversies. They claimed their presence would bring about a decrease in the number of accident cases. At the Law Office of Brian T. Smith, you will find at least one Uber accident lawyer who will disagree. If you were involved in a Rideshare car accident with a company like Uber or LYFT, and you need a Rideshare accident lawyer to sue LYFT or Uber, Contact us for a FREE case evaluation by one of our Lauren's Rideshare lawyers today.
Statewide, the number of accidents continued to grow for quite some time. In theory, the ridesharing service gives drivers an alternative to operating vehicles while intoxicated. In practice, they already had cabs. Uber brings to the market a series of inexperienced, tired drivers, who cause their share of accidents.
Moreover, the company’s claims are unrealistic and easy to combat for any Uber accident attorney. They claim to have diminished DUI homicide cases by 6.5%. However, a study from the American Journal of Epidemiology contradicts them. It shows that the rideshare company’s arrival did not have the claimed impact. It did not diminish the number of deaths, DUI-related accidents, or weekend collisions.
According to the SC Traffic Collision Fact Book, DUI remains the primary factor in 20% of crashes. Moreover, significant increases occurred between 2014 and 2015:
- 20.5% in fatal collisions
- 19.0% in fatalities
- 12.8% in property-damage-only collisions
- 12.4% in total collisions
- 11.2% in injury collisions
- 10.5% in non-fatal injuries.
These statistics, along with the increasing number of Uber cars in Laurens suggest an inherent danger. Not only does the ridesharing company not improve traffic safety, they may actually compromise it. Their presence means more cars, drivers, and passengers exposed to traffic accidents. It may also mean additional personal injury and property damage for Uber accident lawyers to recover.
Who covers these damages? Under South Carolina laws, they are the responsibility of the party at fault. With Uber, however, there are a few differences, reviewed in the following lines.
Liability Scenarios A LYFT & Uber Accident Attorney in Laurens, SC, Will Consider
The first thing an Uber accident lawyer will try to determine is who bears fault for the accident. Here are the possible considerations:
- The other driver’s liability – Under South Carolina laws, all drivers need liability insurance. The minimum coverage is $25,000/$50,000/$25,000. It will pay for any injuries and damage the driver caused.
- Uber driver’s liability – This is where things get complicated. Any Uber accident attorney will try to determine the driver’s status in relation to the company. There are several possible scenarios that require more in-depth discussions.
Uber Driver Liability Scenarios and Insurance Coverage
1. The driver is not available to pick-up passengers
In this situation, they have their own liability insurance. It should cover any injuries and damages they may cause to another party.
2. The Uber driver is logged into the app but has not accepted any rides
When the driver is logged in, their insurance is the first type of coverage available. After they exhaust it, Uber’s insurance steps in to cover the remaining costs. However, only an experienced Uber accident attorney will succeed in accessing this coverage.
3. The Uber driver has accepted a ride and is on the way to pick up a passenger
Most individual insurance policies exclude driving for profit. This leaves accident victims at Uber insurer’s mercy. In theory, Uber has impressive coverage. In practice, their coverage is very difficult to access. Uber drivers are independent contractors, so their employer is not responsible for their actions. Accident victims will need an experienced Laurens, SC Uber accident lawyer.
The latter will have to show that the driver qualifies as a legal employee of the company. This means showing they were working for the company, which controls their activity. An experienced Uber accident attorney will use the app and the payment method. They will also look up and use case precedents.
4. The Uber driver is taking passengers to a destination
This is the best case scenario, as it gives accident victims access to Uber’s insurance. The ridesharing company will try to avoid a scandal and offer to settle. The results will depend on the Uber accident attorney’s ability to prove their claim and negotiate.
Perhaps the most important aspect in compensation claims against Uber is the insurance coverage. It basically caps the compensation a rideshare accident victim may obtain.
Insurance Coverage an Experienced Laurens, SC, Uber Driver Attorney May Access
Here is the insurance coverage the ridesharing company takes pride in:
- 3rd party liability. It backs up insurance for drivers who own commercial coverage. It steps in as primary coverage for those whose policies do not cover driving for profit. It is available while the driver is logged onto the app but has not yet accepted a ride. The coverage limits are of $50k/$100k/$50k.
- Uninsured motorist coverage. Its limits are of $25k/$50k/$25k. It can be difficult to access even for an experienced motorcycle accident attorney.
- 3rd party liability and uninsured motorist. It reaches $1 million in coverage for injuries. It steps in when the Uber driver accepts the trip and lasts until they drop off their passenger.
- Contingent comprehensive and collision coverage. It comes with a $1,000 deductible. It covers property damage to the rideshare vehicle (the vehicle’s value). It only steps in if the driver carries personal comprehensive and collision insurance coverage.
Even with the insurance coverage clarified, getting Uber to pay will not be easy. You will need the assistance of a versed Uber accident attorney. Your success will depend on several factors. We will review the most important of them in the following lines.
According to Uber Lawsuit Lawyer Aspects Influencing the Success of a Claim against Uber in Laurens, SC
The outcome of a claim against Uber will depend on several factors:
- The claimant’s status with Uber. In our experience, rideshare passengers have the highest chances of obtaining compensation. With the right Uber accident lawyer defending their interests, they have bad publicity as leverage. The ridesharing company will not let them tell the world Uber does not care about their passengers. Drivers and third parties, on the other hand, will not stir so much interest. They should expect resistance from the insurer and the company itself.
- The driver’s status with Uber. Laurens SC drivers have access to the highest benefits when logged into the app and driving passengers. Their coverage decreases while on the way to pick-up clients and between rides. It equals zero when they are off the grid. An Uber accident attorney can help them at all times.
- The claimant’s actions. Some claimants turn the accident scene into a scandal. Others panic when they realize the extent of the damages they sustained. Some people feel the need to apologize or express regrets. There are also people who get so distracted that they sign anything, waiving their rights.
- The experience of the Uber accident attorney handling the claim. Experienced Uber accident lawyers build their cases from scratch. They do it bit by bit, leaving no loose ends. They prove the driver’s fault and status and the nature and extent of the damages they incurred. They defend their clients’ interests against all odds and advise them every step of the way.
Overall, things are beginning to look good for claimants working with experienced Uber accident attorneys. Last year, the National Association of Insurance Commissioners announced a new program for Uber drivers. Through it, Uber involuntarily assumed the role of the employer. This could help Uber accident lawyers trying to make the ridesharing company pay for its drivers.
The courts trialing Uber in Laurens, SC, are famous for refusing to accept employers labeling workers as independent contractors. They give hope to any claimant and attorney taking on Uber. Of course, proving the Uber driver’s status as an employee is not all a lawyer has to do. They will still need to gather a huge amount of evidence on how the accident occurred. They also need to prove beyond reasonable doubt who was at fault for it. Finally, they need to put everything together in such a way as to stir interest and convince. It is up to them to show the defendant that their client deserves the claimed compensation.
Let an Uber Accident Lawyer or LYFT Accident Lawyer from Brian T. Smith Get You the Compensation You Deserve
At the Law Office of Brian T. Smith, we know how challenging claims against ridesharing companies can be. However, for our clients, we accept and complete any challenge. Our Uber accident lawyers stand by their clients from beginning to end and do not rest until they win.
If we have to reach court to get you the compensation you deserve, we will. We will investigate, gather evidence, interview witnesses, and look-up case precedents. We will work relentlessly on a contingency fee basis to help you obtain the compensation you deserve.
Yes, you will only pay for our services if we win, when we do. Even the preliminary consultation is free. Otherwise put, you receive advice from our best lawyer to sue uber or LYFT for their negligent driving, for free. Just make sure you schedule that free consultation with one of our LYFT and Uber accident lawyers by calling (864) 662-6821, or fill in the online contact form. Either way, we are here, ready to help.