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The trial process of a Maryland Uber accident arrives after we file a lawsuit on your behalf for injuries arising due to negligence. In most cases, we do try to settle your case. However, settlement talks are not always successful. Sometimes, the mere act of filing a lawsuit is enough to convince the adverse insurer to make a better settlement offer. They know if we file suit, they will have to pay for expert witnesses and defense counsel who bill hourly and likely still lose. Thus, they are incentivized to settle as much as we are. With that in mind, if we do make it to the trial stage, it is likely because the insurance company believes they have a good enough chance to prevail. Conversely, if we do file suit against the defendant, it is because we believe we will win.
Your chances of winning at trial depend on several factors.
First, were you an Uber passenger or driver? If you were a passenger, we probably do not have to worry about whether you were at fault or a contributory negligence defense. However, we still have the burden of proof to show that the person we filed suit against is at fault for your injuries. This means establishing a causal link between your injuries and the defendant. We must also prove the extent of your injuries. We do this by having your doctor testify at trial, examining your medical records closely, and showing any X-rays or scans. Meanwhile, if you are an Uber driver, you have to deal with each of the common factors present in the typical car accident case, plus dealing with Uber and Uber’s auto policies.
No matter the situation you find yourself in, our Maryland accident lawyers stand ready to assist. Call our office for more information on the trial process of a Maryland Uber accident.
As we discussed, we always try to settle an Uber accident case before going to trial. This is both cost-effective and quicker. However, settlement efforts are not always successful. While about 95% of personal injury cases do settle, it does sometimes require that we first file a lawsuit. In our experience, particularly with Maryland Uber accident cases, the case may settle even a day or two before trial. This can be frustrating for a client because waiting for a trial date can take a year in Maryland. To have to wait that long period just for the case to settle anyway seems strange. And it is. However, this is the insurance company’s method to pay as little as possible for injury claims, as they expect some clients to bail out of the legal process due to the long wait.
Before a Maryland Uber accident trial, we also gather evidence and interview witnesses. Ultimately, we do not need a year to prepare for a trial; our attorneys have experience trying enough cases to know how to effectively prepare. This phase is important because the defendant’s insurer often contacts us to make one final settlement offer.
When we draft and submit a complaint on your behalf, this marks the official commencement of a lawsuit for personal injuries arising out of a Maryland Uber accident case. Thus, when you report on the app that you were in an accident, that has little legal significance and has nothing to do with the official legal process. Filing a lawsuit is also important because we outline the caption, parties, jurisdiction and venue, statement of facts, cause of action, damages sought, a prayer for relief, and your signature. However, a complaint alone is not enough. We must also serve the defendant with process. To do so, we simply hire a process server. When we hire a process server, we provide the server with an official summons.
A summons contains information like the name of the court, case number, name of the plaintiff and defendant, a time frame of which the defendant must respond, and the consequences of failing to respond to the summons. Timeliness is critical in filing a lawsuit for an Uber case. If, for whatever reason, the defendant refused to provide you with their insurance information, we may only have gotten the driver’s information through their license plate number. Thus, when we file a suit against them, they may panic and hand the case over to their insurance company because they do not want to be personally liable for a judgment against them. Additionally, their insurer will provide the defendant with legal counsel.
The discovery phase is an integral part of the trial process of a Maryland Uber accident. The purpose of discovery is for there to be no surprises at trial. This is the best way to get a free trial that exposes the truth and provides justice. The discovery process can include:
Before the trial begins, the parties may file pre-trial motions to resolve specific legal issues or limit the scope of the trial. Defense counsel typically files these motions. Such motions include a motion to dismiss, a motion for summary judgment (ruling without a trial), or a motion in limine (to exclude evidence).
While the trial process of a Maryland Uber accident only happens in about 5% of cases, it is necessary to understand. Even if you negotiate a settlement, realizing what goes into a trial can help leverage your argument and maximize your compensation.
Call our office today for a free case consultation at (202) 331-7227.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.