What To Do If You’ve Been Involved in an Uber Accident in Kershaw County, SC
Vehicle accidents occur on a daily basis. Thankfully most of them are not serious. When an accident is severe, it may result in personal injuries and property damage. Getting into an accident with another driver can be a traumatic experience. However, when the accident occurs with a rideshare provider, the entire situation may become much more complex. Many people wonder about negligence in Uber accidents in South Carolina.
Rideshare Services are Different from Taxis
There are some important distinctions between a traditional taxi company and a rideshare service. A taxi company generally employs drivers who work directly for the company. This means that they are completely covered by the company’s vehicle insurance policy. That is because they drive vehicles that are owned by the company itself.
Rideshare services such as Uber use contracted drivers. These drivers do not work directly for the company but instead are contractors. As such, they are responsible for making sure they have their own insurance policies in place. Drivers use their own vehicles to transport passengers. The company has a policy that typically covers up to $1 million per accident.
Negligence in Uber Accidents in Kershaw County
When determining which driver is at fault for an accident the main consideration is negligence. A driver is negligent when he does something that he knows could be dangerous or might result in an accident or injuries. It also applies to something that the driver fails to do. For instance, a driver that is speeding should know that driving over the posted limit could be hazardous and might result in a crash. The failure to use a turn signal could also be considered a negligent act because the driver knew that the signal was necessary for safe driving.
To be liable for an accident, the driver must have been negligent. In some cases, more than one driver did something negligent that contributed to the crash. South Carolina allows shared fault, which means more than one driver can hold responsibility for an accident. If a driver is partly at fault for a crash, his claim will be reduced by that particular percentage.
For example, a driver who has a claim of $10,000, but has been determined to be at 10% fault would receive $9,000, a reduction of 10% based on his own liability. Drivers who have some responsibility for a crash may still make a claim as long as they are not more than 50% responsible. This law varies from state to state. In some states, a driver who is in any part liable cannot make a claim.
Contributing Factors in Uber Accidents
There are many various factors that may contribute to accidents including those involving Uber drivers. Some of the most common reasons for accidents include speeding, disregard for traffic signals, aggressive or reckless driving, distracted driving and improper lane changes. Rideshare drivers may be prone to some of these factors more than others. For instance, an Uber driver is usually utilizing his GPS or smart phone for travel directions. Although this is done hands-free, it can be distracting to a driver, especially if he is not familiar with the area.
Another factor that could contribute to Uber accidents in South Carolina is aggressive or reckless driving. Because drivers are trying to get to a location as quickly as possible, they could disregard traffic signals and may become more aggressive with their driving. They may, for example, cut off another driver or weave in and out of traffic. These actions may be considered negligent and could result in an accident with injuries.
Witnessing an Uber Accident
As a passenger in an Uber that is involved in an accident, you may be considered a witness. As soon as an accident occurs, the driver is required to stop the vehicle and remain on the scene. If the driver flees the scene, he could be facing charges. Any accident with injuries or those with property damage must be reported. It is best to call the police at the time of the crash. The police will respond to inspect the accident, examine the vehicles, and talk to the drivers and take witness statements.
It is imperative that anyone who is injured in a car accident get medical attention as quickly as possible. It is common for accident victims to feel fine immediately after a crash only to realize later that they have sustained injuries. Common injuries include bruises and lacerations, head trauma, back injuries and broken bones. It is advisable to have your medical condition evaluated to make sure that any injuries are identified and treated.
It is important that a victim in an Uber crash report the accident to the company. Although the driver should report it, this may not always occur. Drivers are rated based on factors including how many accidents they have had. For this reason, a driver could be reluctant to make a report, especially if he feels he was not responsible for the incident.
Time Limits on Personal Injury Cases
With few exceptions, the law in South Carolina limits personal injury claims to a period of three years from the time of the incident. If a victim fails to file within the allotted time-frame, the case will not be allowed. Therefore, it is in the best interest of an injured party to take steps to resolve the situation quickly.
The insurance company reviews the accident reports and documentation to assess driver responsibility. These issues can become complicated when more than one driver is involved and when the driver is a rideshare contractor. The victim of an Uber accident in Kershaw County might need to get legal help resolving and negotiating a claim. It is best that you speak with an attorney before you accept any type of settlement check since this could preclude you from taking further legal action. Many times these types of settlements do not provide enough compensation to adequately cover expenses.
If you were involved in an Uber accident in Kershaw County, SC, contact one of the experienced accident attorneys at Connell Law Firm at (803) 310-5700. An attorney will assist with the case to help make sure that you get the compensation you deserve.