Uber is one of the most popular rideshare services in the world. And because of the popularity of ridesharing programs, it’s a good idea to inform yourself on what to do should you be in a car accident while using a rideshare service or if you are injured by the driver of a rideshare service. Who is liable? Is it the driver or Uber? You may not have thought about these things before, but if you have already been injured while in an Uber, you’re looking for the answers now.
Who is at Fault for the Crash?
The protocol will likely differ depending on where the fault lies and on the state where the accident occurred. Uber drivers tend to be a little more distracted than your typical driver. Oftentimes they are looking out for the person they are picking up. They have to look at their phones while they are driving for directions as well as to select their next pickup. These are just a couple distractions that are added to the more typical driving distractions like adjusting the radio and holding a conversation.
In the case that your Uber driver was the cause of the crash, you can sue Uber. According to Money, rideshare companies are required by law to have a $1 million liability policy that ensures you from the moment the driver accepts your ride request to the moment your driver marks your ride as completed.
If you are a driver or passenger injured by an Uber driver, and you are not an Uber passenger, Uber is not likely to play a significant role in your suit. Here is where the driver’s personal insurance will most likely be involved. This may become more complex if the Uber driver was not on-duty at the time of the accident or was en route to picking up a passenger. In the states of California and Washington, Uber insurance policies apply from the time the Uber driver logs into the system to the time the driver logs out of the system.
If the accident was the fault of another driver, you file your claim against the driver of the other vehicle. As long as the driver at fault is an insured driver, you will likely be able to get compensation for expenses and losses.
What You Should Do in the Event of an Accident
The most obvious first step is to call 9-1-1 if necessary. Even if there are no serious injuries visible, you still need to go to an emergency room or urgent care facility to rule out any delayed-onset injuries or internal trauma. In order to pursue legal compensation, you will need detailed and complete documentation from your medical care provider along with any x-rays or other radiographic images. You also want to consult an accident attorney to determine whether or not you need to seek damages and the best way to move forward.
Be sure to call the police so that there can be a report on file. Witness information can be obtained and recorded and they can clear the road or order a tow truck if necessary. When speaking to the officer on the scene make sure you only give the facts pertaining to the accident. This makes for a clearer and more concise police report that can be used in court.
Document the accident scene. This means to take photographs of the vehicles involved, the damage to the vehicles, any visible injuries, the roadway or intersection and anything else you think might be helpful. Talk to any witnesses or bystanders and get their contact information. If you are the Uber passenger, take a screenshot of your receipt and ride.
Having these three pieces of the puzzle in place can make seeking legal compensation for injuries or trauma resulting from an accident with an Uber driver. Try to stay calm and think rationally. If you require immediate medical attention, some of this will be handled by the local authorities, but you should still take as many mental notes as you are able to.
What Can I Recover By Filing a Suit?
When you file a personal injury suit resulting from a motor vehicle accident, there are certain monies that you can recoup. This includes:
- Loss of wages.
- Medical expenses, past and present.
- Past and future pain and suffering
- Loss of future income.
- Physical impairment.
Keep in mind that suing the company for the negligence of one of its independent contractors isn’t as cut and dry as filing a suit against the independent contractor. But that does not mean it’s a pointless pursuit. Once your legal representation contacts Uber and requests that it make available and preserve any and all information regarding your incident, many state laws will hold them responsible for their failure to do …READ MORE
When you realize that you can no longer pay the bills that you have and the debt that you have outweighs your income, you might want to consider filing for bankruptcy. You can usually file on your own, but it’s often better to find a bankruptcy lawyer in Pittsburgh who understands the various chapters and who can fight for you to keep your home and vehicles throughout the bankruptcy process. When the proper documents have been filed, then you will usually make a payment each month to the attorney who will then make a payment to those who need the funds. Many agencies will write off your debts if you file for bankruptcy, which means that you won’t need to pay the bills in the future.
After filing for bankruptcy, you need to keep in mind that you usually won’t be able to buy a car or a home or apply for a loan for about seven years. Your attorney will discuss these restrictions before you make a final decision about whether you want to file for bankruptcy or whether you want to try to work with creditors to come up with a solution to pay the bills that you have.
The attorney you work with should be competent in this area of the law. You will talk about the facts pertaining to your case and how you should proceed in filing for bankruptcy, such as whether you should file for Chapter 7 or Chapter 13 depending on how much money you owe and who is asking for money. The advice that you receive should be based on legal expertise instead of only on opinions. Once you settle on the type of bankruptcy that you want to file for, your attorney will prepare all of the paperwork and file it with the court.…READ MORE
The Federal Trade Commission (FTC) has several guidelines addressing areas that potential clients should discuss before hiring a lawyer. These recommendations include retaining a lawyer that specializes in the area of law where assistance is required. State and local bar associations can be a great place to start. However, those hiring an attorney should research and ask about relevant experience and similar cases. Furthermore, the FTC highly recommends that those retaining the assistance of an attorney obtain clarity regarding fees and what those fees cover. It is best that this information is in writing in a clear and direct manner. However, when hiring an attorney that is out-of-state, these matters may be difficult. Therefore, there are certain steps that clients can take to facilitate the process.
Do you need an out-of-state attorney?
Although the constitution is the law of the land and governs the country, the United States is a dual federalism. Therefore, each state has a set of laws and these may differ from other places. When a legal matter occurs outside of your state, it may be necessary to hire a person who is in that area and is proficient on the local laws to represent you. Even transactions that take place outside of your home state may require an external attorney. For example, an out-of-state claimant or a person purchasing or selling a property in a different state may need representation in that area. Other individuals that are being sued by residents of a different state may also need to consider such a need. Therefore, hiring a lawyer that has the license to practice law in that section of the country will provide the necessary level of representation in those cases.
Check for qualification and hiring process
The process of hiring an attorney that lives elsewhere in the country is like hiring one near you. The difference is that they will need to hold a license or bar card in said location and have a law degree or Juris Doctor. Every other guideline, however, will be similar. Even if you are looking for an attorney that is close to you, communication is key. Therefore, you will want to hire someone who takes an active interest in your case and invests the necessary time to explain all pertinent information and answers questions in the detail that you require. The critical aspect is to find one that fits your needs and your personality.
Some people are more involved than others, so understand your requirements and look for those who have an approach that aligns with your character and methods. Make sure to ask for recommendations and read reviews. Consider talking to more than one attorney before deciding. Also, make sure that the lawyer and firm specialize in your area of need. For example, a motorcycle accident attorney in Pennsylvania will not necessarily be the best choice to handle a divorce case in a different state. Focus on searching and reading recommendations for the area of law that covers your specific case.
Each case may differ, and some may warrant the need for special accommodations. Therefore, it is best to use these special conditions to filter out and look for firms that can provide the services or partner with companies that cater to special needs. For example, some clients may expect language and translation services. Others may require handling out of state testimony. In some pending litigation, law firms may use stenographers to record witness dispositions. So, if the occurrence took place in South Florida and the situation warrants such a service, ask potential law firms if they work with court reporting companies in Miami or the general area. Ultimately, make sure that whoever you hire has the knowledge and capability of serving your legal needs.…READ MORE
It is always difficult dealing with child sex abuse and it can be even harder thinking that your child may have been a victim of child sex abuse. If you think your child has been sexually abused, you need to address the situation carefully and even speak with an attorney at a top Philadelphia sex abuse law firm to learn your options.
First, always show your support to your child. You want your child to be comfortable talking to you and you want them to always be honest and upfront. Ensure them that they will be okay and that there is treatment and support to help get them through this difficult time. You can’t always protect your children, but you want them to know that you are there for them, trying your hardest to protect them. Being understanding will help them get on the road to recovery and back to leading a happy life. Breaking the silence is always the first step.
After your child has told you about the sexual abuse, the next thing is to believe them. Thank them for coming forward and being honest. Acknowledge that you know this is a difficult thing to do and ensure that you love them and believe them. You want your child to feel like you are a safe person to speak with. Stay calm and ask questions carefully to learn more.
Make them feel safe
It is important to help your child understand what happened to them and that is was wrong, but not their fault. You also want them to feel safe again. Start by paying attention to how they are acting and feeling. Help build up their confidence again by still protecting their privacy. Also, don’t ever let them feel embarrassed for what happened to them. They must know that they can’t blame themselves.
There are many support groups available and therapy options to help victims recover from sexual abuse. You might want to even take things a step further and get justice for your child. If your child has been sexually abused and you know who is responsible, you can come forward with a claim. The experienced team at Edelstein Law will provide advice and legal representation if needed.
Injuries occur everyday, whether they are accidental or the result of someone’s actions. When you are injured and faced with medical bills that you cannot pay, loss of work, and pain and suffering, you should seek help. An attorney that is experienced in dealing with personal injuries can advise you as to what steps you need to take.
Assessing Your Situation
When you have been injured, you will have a lot of questions. Who is going to pay for my medical bills? What am I going to do if I am unable to work? How am I supposed to handle this situation? These are just a few of the questions that will be going through your mind.
On top of dealing with the injuries you have suffered, you will be experiencing stress over the situation. An experienced lawyer can look at the circumstances of your accident and the resulting injuries and tell you the best way to proceed. One example of a firm offering a personal injury lawyer boston ma is Colucci Colucci Marcus & Flavin, PC.
Looking at Your Case Objectively
While it is likely that you are frustrated, upset, facing uncertainty, and in pain, you cannot look at the situation objectively. An attorney can not only assess your case but he or she can be objective when it comes to helping you make decisions. Insurance companies generally try to get someone to settle for a small amount quickly if they believe their client is at fault for your injuries.
However, making an impulsive decision can result in you getting far less compensation than you are owed. A lawyer can talk with insurance companies and their lawyers, so you do not even have to deal with them. He or she can negotiate and take care of all the aspects of your case, leaving you to recuperate from your injuries.
Handling personal injury cases on your own is not a good idea. A lawyer has the experience and expertise needed, and they understand the legal system.…READ MORE
Facing DUI charges can be a scary thing. If you have no idea of how to act, the situation could even get worse for you. It is essential to be well equipped with the knowledge of how you are to act when stopped for a DUI check. Here are some do’s and don’ts to have in mind.
- Always remain silent. The constitution allows you to remain silent. You are not required to answer any questions except identifying yourself. If anything, avoid answering any other question apart from your name.
- Have your documents ready. When facing DUI charges, have your registration, driver’s license, and insurance information ready at any given time. This will show the officer that you have all the documentation to allow you to drive.
- You have the right to refuse field tests. No matter what the police says to you, you are not required to undergo any roadside Breathalyzer tests. Politely decline the test. If the officer wants you to take a test, most likely than not, they have determined that you are already guilty, so the results may end up hurting you.
- Cooperate with the officers. Even when you decide to remain silent or refuse to take a test, always be polite and cooperate with the police when they pull you over. The Fourth Amendment requires the police to pull you over if they have reasonable cause for doing so.
- Hire an attorney. When arrested for DUI, the best defense approach is to hire an attorney to fight for your rights. Attorneys usually protect their clients and ensure their rights are not infringed upon.
- Do not resist arrest. Even when you believe you are not at fault. If you decide to resist when being arrested, you may end up facing additional charges.
- Do not allow the officer to listen to your phone conversation when speaking to your DUI attorney. You need to know that the conversations between you and your lawyer are always protected by attorney-client privilege.
- Do not provide the officer with any other kind of information except your address and name. You can only do that in the presence of your attorney and with their approval.
- Do not say a word if you are instructed by your attorney to remain silent. The attorney should do the talking for you, and no matter how much you are eager to speak, it is safer to be silent.
- Never argue with the police. One of the mistakes people facing DUI charges make is addressing the police in a disrespectful manner, acting belligerent, or questioning what the police says. It is important to remain courteous and calm throughout the process.
If you are arrested, you should invoke your right to be silent and do not answer any incrementing questions. Anything you say may be used against you by the prosecution. Remain calm and do not forget that it’s in your interest to call an attorney as this is your best defense strategy.…READ MORE
Getting into an accident is a nasty surprise for anyone. A hit and run is just that much worse though. Keep in mind here, that hit and run is defined as somebody involved in an accident leaving the scene without stopping to provide details, report the accident or check on any injured parties. You can commit hit and run even if you were the one who was hit, simply by leaving the scene.
Ramifications of Leaving the Scene
Leaving the scene is treated differently by different states, and also can have various levels of seriousness. You can face a felony charge if somebody was injured in the accident and you left the scene, though it can also be a misdemeanour if the damage was minor and nobody was injured. Remember, misdemeanour sounds much nicer than it is – you’re still facing criminal prosecution if you commit hit & run!
Those who are prosecuted can expect anything from a hefty fine to prison time. Your license can also be affected and you may face a suspension or revocation of your drivers license. Always report any incidents, don’t risk leaving the scene when it may cost you the ability to drive.
What if I’m the Victim?
If you’re the victim in a hit and run, the first thing to do is report the incident to the police. They will log the crime and may be able to help you recover evidence and identify the other driver. Witness statements and security cameras are particularly useful here. Getting the report in quickly also means details are fresher in your mind.
If you require any medical assistance, contact an ambulance as well. In cases where there isn’t much damage you may not need an ambulance, but it’s still a good idea to go to hospital and get yourself checked over – this will be important for any future compensation claims.
A lawyer can help you put together a case and pursue compensation for damages and prosecution of the victim. Even if the perpetrator hasn’t yet been caught or even identified, this is a good path to take. The involvement of a lawyer and the police can help boost publicity around the incident and you may be able to identify the driver in the future. There are more details here on what advantages legal representation can give you after a hit and run.
When Should I Explore Legal Representation?
As soon as possible. Just like with the police report, details about your accident will fade over time. Likewise you may lose track of the recovery process or any expenses caused by the accident. Starting the process early means all of this is fresh in your mind, and your lawyer can keep a detailed log of any costs and injury recovery. Likewise they can help you with getting quality medical care so your recovery is as quick and painless as possible.
Early reporting also allows your lawyer to get involved with the identification process for the driver. While a lawyer may not be able to do anywhere near what the police can, they are able to advise you on ways you might discover this information and methods to collect other useful evidence for your day in court.