As a victim of an Uber rideshare accident, you (or a loved one) may have serious injuries. A loved one may have even lost their life due to their injuries. You deserve to collect damages, and Domingo Garcia can collect them for you.
One of our Tyler Uber accident lawyers will determine what damages you can collect, establish the other party’s responsibility for those damages, and then negotiate for them with the liable party’s insurer. Your lawyer could even sue for your damages and help you get further medical care. We can tell you more during a free case review.
Damages in Tyler Uber Accident Cases
In rideshare accident cases like yours, the injured party (a passenger, motorist, or other party) may have serious or even catastrophic personal injuries. This party can collect damages from the insurer of the other party, such as Uber. However, insurance typically doesn’t compensate for certain damages or any damages an injured party doesn’t claim.
A Tyler Uber accident attorney from our firm can help you identify all your damages so you can claim all of them, and the lawyer may even be able to negotiate with the insurer for the damages they typically don’t compensate for. As another option, your lawyer can sue the other party for your damages. With either option, your lawyer may be able to recover such damages as:
- Your bills: These can include your bills for the emergency medical attention you needed to treat your injuries (such as trauma to your chest), as well as your bills for hospitalization, medication, physical therapy, occupational therapy, assistive equipment, accommodative home renovations, vehicle repairs/replacement, and/or your other personal property
- Your lost income: You could recover the income you can’t bring in while you’re in recovery, any income you can’t bring in indefinitely, any loss in your ability to earn income, and even the work benefits you can’t get
- Your intangible losses: Your lawyer may have to fight for such damages as physical pain and suffering, mental anguish, emotional trauma, loss of affection and intimate relations, and/or loss of life quality
- Catastrophic losses: If you suffered a catastrophic accident, you may have such injuries as facial lacerations or brain injuries, so your lawyer will demand such damages as disfigurement and/or disability
- Special damages: If you have additional damages specific to your situation, your lawyer will fight for these, as well
Damages in a Case Involving Gross Negligence
If the other party was especially careless or reckless in your case, a judge may award punitive damages. These damages punish another party for gross negligence.
Damages in a Case Involving Loss of Life
You may have lost a loved one in the accident. If you did, your lawyer will demand wrongful death damages for your family. This can include funeral costs, burial/cremation costs, unresolved medical bills, lost family income, loss of love, your family’s mental anguish and emotional trauma, and your loved one’s pain before passing.
Responsibility in Your Smith County Uber Accident Case
In your case, the responsible (liable) party could be Uber itself, the Uber driver, another party, or more than one party. Additionally, the insurance that applies could be Uber‘s insurance, the driver’s insurance, or another insurance. Your lawyer can establish which party (or parties) is liable for your damages and which insurance policy applies in your case. Establishing liability is difficult, but it’s necessary so you can recover your damages.
To establish liability, your Tyler Uber accident lawyer must identify negligence in your case. Your lawyer will seek out and show evidence of negligence, such as:
- Details in the police report
- Details in a vehicle maintenance report
- Information from the Uber driver app
- Information from a vehicle’s event data recorder
- Recordings from a traffic camera
- Photos of the accident scene
- A statement from a witness
- A statement from an expert, like a car accident reconstructionist
To fully establish liability, however, your lawyer will also have to show the components of negligence in your case, which are:
- Duty of care, such as Uber’s responsibility to ensure their drivers are qualified
- Breach of duty, such as Uber neglecting to ensure the driver is qualified
- Causation, such as how Uber’s neglectfulness led to your accident
- Damages, such as how the accident led to your losses
How Your Tyler Uber Accident Lawyer Will Negotiate for Your Damages
You can expect your lawyer to negotiate with the insurance company in good faith and to ask them for a fair settlement. Your lawyer will request all your due damages even if the insurer may not cover certain damages.
If the insurer doesn’t make a fair settlement offer, your lawyer will remind them of the evidence of negligence and the components of negligence in your case. If the insurer still doesn’t make a fair offer, your lawyer can threaten to sue the other party.
Suing for Your Damages, if Necessary
If the insurer isn’t willing to settle your case, your Tyler, TX Uber accident lawyer will sue. Alternatively, if you and your lawyer skip negotiating with the insurance company, your lawyer will sue. In either situation, your lawyer will litigate your case and negotiate with a judge instead.
Contact Us for an Uber Accident Lawyer in Tyler, Texas
As a victim of a serious Uber accident, you or your loved one deserve to collect damages. Your firm can do this for you, even if it means suing Uber or the Uber driver. You also deserve medical care for your injuries, so if you need further care, we can refer you to a professional we trust.
Our attorneys have been settling cases like yours for more than 35 years now and have many success stories. One of these stories involves our lead attorney, Domingo Garcia, recovering $1,100,000 for a car accident victim. We want your case to be successful, and in a free case review, we’ll tell you what we’ll do for your case. Contact Domingo Garcia today for your free case review.