Why Rosensteel Fleishman is the Right Choice for Uber Accident Cases in North Carolina

Rideshare accidents involving companies like Uber have become more common as these services continue to grow in popularity. But when accidents happen, the legal issues surrounding them can be complex, often leaving victims with more questions than answers. This was the case for the McGinty family, who found themselves caught in a legal battle after a serious Uber accident left them with life-altering injuries. While they sought justice for their injuries, the legal system and Uber’s terms and conditions created obstacles that made their case more difficult. Here’s a breakdown of what happened, and why it’s essential to have the right legal support in similar situations.

In March 2022, John and Georgia McGinty were passengers in an Uber ride when their driver ran a red light and collided with another vehicle. The accident left both of them with severe injuries—John suffered a fractured sternum and wrist, while Georgia sustained fractures to her spine and ribs, as well as other traumatic injuries that required extensive surgeries. These injuries not only took a toll on their health but also created financial strain due to medical bills and lost income, as Georgia, a lawyer herself, was unable to work for over a year.

However, when the McGintys attempted to sue Uber for their damages, they were blocked from taking their case to court. The reason? Uber's terms of service, which included an arbitration clause, required that any disputes with the company be settled out of court. According to Uber, Georgia had agreed to these terms multiple times while using the app, even though the McGintys argued that their minor daughter was the one who accepted the terms when placing an Uber Eats order on Georgia’s phone.

Initially, a lower court sided with the McGintys, ruling that Uber’s arbitration agreement was unenforceable because the language was not clear enough about waiving the right to sue. But Uber appealed the decision, and an appellate court reversed the ruling, stating that the terms were, in fact, valid and enforceable, regardless of who had clicked “agree.” The court determined that Georgia had agreed to arbitration either directly or through her daughter acting on her behalf.

This ruling highlighted a critical issue for many consumers: the potential consequences of agreeing to terms of service without fully understanding what they entail. In this case, the McGintys’ ability to sue Uber in court was effectively waived due to the terms embedded in a lengthy user agreement that most people might not fully read or comprehend.

This scenario also raised important questions about how rideshare companies use arbitration clauses to protect themselves from lawsuits, even in cases where severe injuries or other significant damages are involved. Arbitration can limit victims' rights, as it often prevents them from presenting their case in front of a jury and keeps proceedings out of the public eye.

For accident victims like the McGintys, navigating these legal complexities can be daunting, especially when dealing with major corporations like Uber. That’s why having an experienced legal team on your side is crucial to ensuring your rights are protected.

Rideshare accidents involving companies like Uber are becoming more frequent as the popularity of ridesharing continues to grow. When these accidents occur, they often lead to complicated legal situations, as demonstrated in the case of John and Georgia McGinty, who sustained severe injuries in a March 2022 Uber crash. As they sought justice for the significant harm they suffered, the complexities of Uber's legal terms prevented them from filing a lawsuit. This case serves as a reminder of how crucial it is to have knowledgeable legal support in similar situations. Here’s a closer look at what happened and why choosing the right law firm is vital for Uber accident victims.

Understanding the McGinty Uber Accident Case

John and Georgia McGinty were riding in an Uber when their driver ran a red light, resulting in a collision with another vehicle. The accident caused catastrophic injuries: Georgia suffered from multiple fractures to her spine, ribs, and pelvis, while John sustained severe fractures to his sternum and wrist. Their physical recovery involved multiple surgeries and months of medical care, leaving them facing financial burdens from medical bills and lost income. Georgia, a practicing lawyer, was unable to work for over a year due to her injuries.

When the McGintys tried to sue Uber to cover these costs, they found themselves blocked by an arbitration clause embedded in Uber's terms of service. According to Uber, Georgia had agreed to these terms on multiple occasions, even though the McGintys claimed it was their minor daughter who had clicked “agree” while placing an Uber Eats order on Georgia’s phone. This seemingly unrelated action became the focus of a legal battle that would decide whether the couple could seek justice in court.

How Uber’s Terms of Service Affect Accident Victims

One of the biggest obstacles the McGintys faced was Uber's arbitration clause. Many Uber users, like the McGintys, may not fully realize that when they agree to the terms and conditions, they are waiving their right to sue the company in court. Instead, disputes must be resolved through arbitration, a private process that often limits the amount of compensation victims can receive and takes away their right to a public jury trial.

In this case, the McGintys initially won in a lower court, which found that Uber’s arbitration agreement was not enforceable because the language in the terms was unclear about waiving their right to sue. However, Uber appealed the decision, and the appellate court reversed the ruling, determining that the terms were valid and enforceable. This meant that despite the life-altering injuries they sustained in the accident, the McGintys were unable to pursue their case in a traditional court of law.

This case is a stark reminder of how critical it is for Uber accident victims to understand the fine print of the agreements they sign. Arbitration clauses can significantly limit your legal options, and without expert legal guidance, you might find yourself in a situation where your rights to seek compensation are restricted.

Why Arbitration Clauses Can Complicate Uber Accident Claims

Arbitration clauses like the one in Uber’s terms of service are designed to protect companies from being sued in court, often making it more difficult for accident victims to receive the compensation they deserve. In arbitration, cases are typically resolved in private, and the process can be biased in favor of large corporations. Additionally, arbitration agreements often include language that limits the amount of damages that can be awarded.

For accident victims, this can be devastating. In cases like the McGinty accident, where injuries are severe and long-lasting, medical bills, lost wages, and other financial losses can add up quickly. Without the ability to sue in court, victims may struggle to recover the full amount of compensation they need to cover these expenses. This is why it is essential to have a legal team that understands how to navigate these agreements and fight for your rights.

How Rosensteel Fleishman Helps Uber Accident Victims Navigate Arbitration

If you find yourself in a situation like the McGintys, having an experienced law firm like Rosensteel Fleishman on your side can make all the difference. Based in Charlotte, NC, Rosensteel Fleishman Car Accident & Injury Lawyers focus on helping victims of car and rideshare accidents, including those involving Uber, Lyft, and other rideshare companies.

Rosensteel Fleishman understands the complexities of arbitration clauses and how to challenge their enforceability in certain cases. With their extensive experience in handling personal injury and Uber accident cases, they can help victims navigate the legal system and pursue the compensation they deserve, even when up against large corporations. The firm’s attorneys are skilled at identifying any weaknesses in the arbitration agreements and will work tirelessly to ensure that your rights are protected.

The Importance of Legal Representation in Uber Accident Cases

Whether or not arbitration applies to your Uber accident case, having skilled legal representation is critical. Personal injury cases involving rideshare companies often require a deep understanding of both state laws and the rideshare company’s terms of service. Without a lawyer, victims might miss key opportunities to challenge the validity of an arbitration clause or fail to secure the full compensation they are entitled to.

At Rosensteel Fleishman, the legal team is well-versed in handling these types of cases. They will thoroughly review all aspects of your claim, including any terms of service agreements you may have unknowingly agreed to, and build a strong case on your behalf. Their goal is to maximize your compensation while minimizing the stress that comes with dealing with the aftermath of a serious accident.

Why You Should Choose Rosensteel Fleishman for Your Uber Accident Case

If you’ve been involved in an Uber accident in North Carolina, it’s important to choose a law firm that understands the unique challenges involved in rideshare-related cases. Rosensteel Fleishman has a strong track record of helping accident victims get the compensation they deserve. Whether you’re facing an arbitration agreement or a traditional personal injury claim, their team of dedicated attorneys will guide you through every step of the process.

Corey Rosensteel and Matthew Fleishman lead the firm with a commitment to providing top-tier legal representation. They understand the challenges accident victims face and are dedicated to fighting for their clients’ rights. As a client, you’ll receive personalized attention and a legal strategy tailored to your specific situation.

When asked about the firm’s approach to personal injury cases, Corey Rosensteel stated, "We’re here to take the burden off our clients’ shoulders. We handle the legal complexities so they can focus on healing and moving forward with their lives."

Contact Rosensteel Fleishman Today for a Free Consultation

If you or someone you love has been injured in an Uber accident, you don’t have to face the legal battle alone. Contact Rosensteel Fleishman Car Accident & Injury Lawyers today at 1-704-714-1450 for a free consultation. Their experienced team is ready to listen to your story, assess your case, and help you get the compensation you deserve. With Rosensteel Fleishman, you’ll have a trusted advocate by your side every step of the way.