Being involved in an automobile accident is a serious matter, which can cause potentially severe injuries and substantially and negatively affect an individual’s life. Anyone who has been injured as result of the negligence of an Uber driver is eligible to claim economic and non-economic damages. Economic damages typically refer to the reimbursement of costs incurred, such as medical expenses and/or missed time from work. Non-economic damages is a legal term that typically refers to pain and suffering, and any inconvenience attributed to the injuries incurred as a result of the motor vehicle collision. Punitive damages are almost never awarded in motor vehicle collision cases. It is important to work with a DC Uber accident lawyer who can utilize their experience and knowledge to seek the appropriate damages for their client.
Someone who drives an Uber is not immune from liability in a car accident. Ultimately, the at-fault party is responsible for paying damages owed to the injured person. Typically, the at-fault party’s insurance company will indemnify the at-fault party for the damages incurred by the injured person.
If the injured party’s claim proceeds to trial and, if the trial court errs in the trial proceedings, the matter is subject to appeal.
Contributory negligence is always a serious consideration in evaluating a motor vehicle collision. In the District of Columbia, contributory negligence is a legal defense available to the at-fault party whereby the at-fault party is able to present evidence demonstrating that the injured person caused or contributed to his or her injuries.
If a judge or a jury finds that the injured person is even one percent at-fault for the collision or his or her injuries, then the injured person cannot recover damages for his or her injuries. Contributory negligence must be evaluated in every motor vehicle accident. However, if a passenger of an Uber vehicle is initiating a claim against the Uber driver or some other responsible party, it is unlikely that the passenger was at fault for his or her injuries as he or she was not in control of the motor vehicle involved in the collision.
The evaluation of damages is done on a case-by-case basis. All car accident claims in DC are evaluated individually based upon the individuals involved in the collision, the nature and extent of the injuries, the type of treatments rendered, the necessity of ongoing and future treatments, and any other individual factors related to the individual case.
Damages are evaluated once the injured party has retained a well-qualified attorney and the matter has progressed to the point at which the attorney is able to sufficiently evaluate the claim. Ultimately, the evaluation process culminates in a number that both the claimant and his or her attorney feel comfortable in placing upon the case. Ultimately, it is up to the jury to determine the damages to which the injured party is entitled and the attorney can advocate on behalf of the client to help to determine the final calculations the jury reaches.
