Uber Accidents and Motorcyclists
After getting into a motorcycle accident with an Uber driver in Philadelphia, it is normal to feel overwhelmed and afraid. The most important thing in this situation is to protect your legal rights and ensure that you receive compensation for any damages or injuries incurred.
To do this, start by seeking out professional legal assistance right away. A qualified Pennsylvania Uber accident lawyer can provide valuable guidance and help you navigate the complex process of seeking reimbursement from any responsible parties.
After an Uber accident, your attorney will advise you on the best strategies to effectively pursue your case and maximize the outcome of any settlement or court proceedings. Even if the Uber accident was minor, having proper legal representation will make all the difference in getting the resolution you deserve.
What Happens When An Uber Driver hits my Motorcycle?
When a motorcyclist is hit by any vehicle, including an Uber driver’s vehicle, the resulting injuries can be severe, even catastrophic. Motorcyclists have little protection other than a helmet when worn. If you didn’t wear a helmet at the time of the accident, you might suffer brain injuries and many other severe injuries.
Whether Uber bears responsibility when an Uber driver hits a motorcyclist depends on many issues.
If the Uber driver has a history of unsafe driving or accidents, yet Uber still hired them and allowed them to drive, Uber might be liable for the resulting damages.
If the Uber driver is simply driving around waiting for a fare, it is unlikely Uber would be responsible for the damages no matter the situation—unless they hired a known dangerous driver.
If, however, the Uber driver was logged into the app, on his or her way to pick up a passenger, or has already picked up a passenger, then whether Uber will likely bear responsibility for the accident.
If the Uber driver was clearly at fault for the accident, then if you have limited tort Pennsylvania insurance, you will file against that first. Suppose your injuries are extensive and likely to exceed the limits of your own insurance. In that case, your attorney may be able to successfully file a claim against the Uber driver’s insurance and possibly Uber. If you have full-tort Pennsylvania insurance, you would immediately file against the at-fault Uber driver’s insurance and possibly Uber, particularly if your injuries are disabling or disfiguring.
Why Motorcycle Injuries Are Usually Severe
Motorcyclists, like pedestrians and bicyclists, have very little protection. However, the motorcyclist travels at a higher speed than a bicyclist or pedestrian. When a motorcyclist gets hit by an Uber driver, they might get thrown from the motorcycle and into oncoming traffic.
Catastrophic injuries are common among motorcyclists hit by an automobile, including spinal cord injuries, traumatic brain injuries, serious internal injuries, amputated limbs, and road rash that can become infected, causing severe, even fatal results.
The Problems Associated with Motorcycle Accidents
Unfortunately, many motorcyclists face an uphill battle—in addition to the “normal” issues related to collecting damages when hit by a vehicle. If the case goes to trial, a motorcyclist’s attorney must know some of the stereotypes many people believe about motorcyclists—and know how to alleviate those beliefs.
Many people think of motorcyclists as hard-living, risk-taking daredevils. Nothing could be further from the truth. Many motorcyclists are older professionals who use their motorcycles to commute back and forth to work to save money on gas. There is no “typical” motorcyclist anymore, but the stigma remains.
How is Liability Proven in an Uber/Motorcycle Accident?
Proving liability in a motorcycle accident is much like proving liability in any type of accident. The police must come to the scene of the accident, along with an ambulance to transport those with injuries to a hospital. The police will take statements from the driver, the motorcyclist, and any witnesses at the scene. This, along with the evidence from the collision, may be enough for the police to clearly state that one party was liable for the accident. In other cases, when the police cannot definitively say who was responsible, the insurance company or companies will conduct their own investigation to determine liability.
If Uber is involved in the equation, they will conduct a comprehensive investigation at the crash site to try and limit their liability. Once you have a strong personal injury attorney as your advocate, they will conduct their own investigation to determine liability and show that you are entitled to damages for your injuries and pain and suffering.
Will My Uber Claim Go to Trial?
If Uber is liable for the accident yet refuses to settle for a reasonable amount, your attorney could file a lawsuit against Uber, and the claim could go to trial. Up until the jury reaches a verdict, Uber could still settle your claim for the amount your attorney is asking.
In truth, most accident claims do settle before they reach a courtroom, simply because it is usually more cost-effective to settle the claim than to fight it in court—particularly if liability is clear-cut. If your Uber claim goes to court, a resolution could take a year or more. If, on the other hand, Uber agrees to settle your claim for an equitable amount, it could settle within months.
Having a knowledgeable Pennsylvania Uber accident lawyer by your side from beginning to end ensures your rights and your future are properly protected throughout the process. This is a situation you would never want to attempt to handle on your own, as the legal complexities are likely to be significant.
Contact Ciccarelli Law Offices today to learn more about your legal options and rights after a serious Uber accident.