When Your Uber Driver Causes a Rear-End AccidentNew Jersey Legal News
The reason why so many people choose Uber services for a ride is simple: they trust their driver to get them to their destination safely. However, accidents cannot always be prevented and sometimes they lead to devastating results for those involved. What happens if your Uber driver is responsible for a rear-end accident while you are in the vehicle? If you have been injured, will you have a right to file a claim for compensation?
Because Uber is such a large company, many people might feel frightened or confused as they navigate the legal system for the first time after one of these accidents. Luckily, with the help of an experienced attorney who has handled Uber accident claims in the past, you will be able to achieve justice and results you deserve. There are many aspects that must be proven in a rear-end accident for you to be successful in your claim, however.
Proving Liability in a Rear-End Accident Claim
Many people wrongfully assume that the person in the back is always at fault for a rear-end accident. However, this is not always the case and a passenger in an Uber accident must be able to show that their driver actually acted in a negligent way if they wish to be successful in one of these claims. These accidents can be extremely complex because, as the passenger inside a vehicle, you might miss certain details that can be helpful in your claim. Here are just a few of the ways that you can prove that an Uber driver was at fault for the rear-end collision:
Basic Road Rules: The way that we determine liability in accidents relies heavily on an understanding of the rules of the road. One of the major rules that is helpful in rear-end accidents is the rule that requires drivers to consistently maintain a safe distance from the vehicle in front of them. This is done so that a driver is able to stop without slamming into the back of another vehicle if they have to pull to a stop. If an Uber driver then slams into the back of another vehicle, the insurance adjuster will almost automatically assume that they were following at an unsafe distance and that party will almost always be held liable.
However, there are also many reasons why the driver in front is held liable for accidents each year. For instance, if a driver slams on their brakes for seemingly no reason, they could be held liable. This is also true in cases where the front driver is driving erratically, unexpectedly reverses, cuts in front of a driver, or fails to maintain a sufficient speed after pulling in front of another vehicle.
Speed: The speed of the vehicles involved is also an important determining factor when looking into liability matters. The speed that the vehicle was traveling at the time can dictate the fact that the Uber driver was driving too fast and too close to the vehicle in front of it, leading to your collision.
Vehicle Damage: The damage to the vehicles and their position in the accident can also show police and insurance companies how the accident actually occurred. For instance, if a vehicle suffered extensive damage to the rear and your Uber driver’s damage was to their front end, it will almost always prove that they are liable. Then you, as a passenger, will be able to achieve compensation if you attempt to bring a personal injury claim.
Witness Statements: Witnesses are some of the most important people when it comes to your claim. If a witness saw the crash occur, then their statements can be entirely beneficial to you, especially if they prove that the Uber driver was at fault for the accident in which you were the passenger. Their statements can work to prove that the negligent driver’s actions led up to the rear-end accident.
Photographs: Photographs are another important aspect that should always be utilized after a car accident. If you end up taking these matters to court, you will have to show many types of evidence that the accident happened the way that you say it did. Photographs paint a portrait of exactly what happened at the scene of the accident better than what words themselves describe.
Police Reports: When you have been involved in any type of accident, including those involving an Uber driver, you will call the police to the scene of the accident so that they can make up what is known as a ‘police report.’ This is one of the most beneficial pieces of evidence that you can use in your claim. The police report will include the cause of the rear-end accident as well as any citations that the driver has received. For instance, if your Uber driver was charged in a rear-end accident, they might have received a citation for ‘following too closely,’ which you can use to prove liability in your claim.
Uber’s Special Policy After an Accident
If you were the passenger in an Uber and a rear-end accident occurs that was their fault, you may be entitled to the Uber policy. This policy protects you up to $1 million in damages. However, this only kicks in if the driver or the other party involved in the accident has insufficient bodily injury coverage. This can be extremely beneficial to you unless you have received damages that extend well above that $1 million. In those cases, you may only have the choice to move forward with a claim.
Seeking Compensation After an Uber Accident
Rideshare accidents can be entirely complex and involve aspects that you are not familiar with. If you have been injured in a motor vehicle accident in New Jersey, you may need the assistance of a skilled personal injury attorney in your dire time of need. Our attorneys at Brady, Brady & Reilly have stood by the side of thousands of clients after they have been injured in serious collisions at the hands of a rideshare driver. Please contact us at (201) 997-0030 for more information on how we can assist you.