While drivers try to obey traffic laws for the most part, there are times when drivers are careless and act negligently. If a driver ran you off the road causing an accident and resulting in you suffering damages, you should consult with a personal injury attorney about pursuing a personal injury claim against the ride-sharing service for your losses.
Proving Negligence
For your personal injury claim to be successful, you must show that the driver was negligent. There are four elements of negligence. Here are those four elements and how they would apply to this situation:
- First, you must show that the driver owes you a duty. In this case, the driver must adhere to traffic laws and drive safely to avoid a crash and to prevent you from being injured in a crash.
- Next, you must show that duty was breached. For example, the driver was distracted and speeding. So, he crossed the centerline and ran you off the road. You left the roadway to avoid a head-on collision.
- Third, you must show that breach of duty caused the crash. The driver crossing the line and speeding caused you to be run off the road. If the driver had been attentive, the accident wouldn’t have resulted.
- Then lastly, you must show that your damages were a result of being run off the road by a ride-sharing service vehicle. The accident report, photos of the accident scene and the damages, written repair estimates, medical bills, proof of lost wages, and so forth can show that you suffered losses in the crash caused by the driver’s negligence.
If you can show all these elements were met, then you will be awarded compensation for the losses you suffered in the accident.
The Demand Letter
Before filing a lawsuit against a ride-sharing service, you should send a demand letter to detail what happened, why you think the ride-sharing service is liable and how much you should be compensated for your losses. Send supporting documentation, such as medical records, medical bills, repair estimates, photos of the damages, copies of an accident report, and witness statements. Documentation is the key to a successful personal injury claim against the ride-sharing service after you were driven off the road. You could have suffered a variety of damages, including, property damages, medical bills, lost wages, pain and suffering, loss of enjoyment of life, mental trauma, and more.
Consult with a Personal Injury Lawyer
If you were driven off the road, you should consult with a personal injury attorney who handles auto accident cases in your state. Personal injury lawyers work on a contingency basis, so you have nothing at all to lose. Your lawyer will not be paid until you are awarded compensation for your losses. Complete the Free Case Evaluation Form on this page to have the details of your case reviewed by an accident injury attorney in your area.
Additional Resources
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Uber, or any other party, you may not be entitled to any compensation.
