Injured in an Uber Accident – Who is Liable?

Injured in an Uber Accident – Who is Liable?

Ridesharing services like Uber have changed the way we travel. These convenient platforms have become a big part of our daily lives, offering an accessible alternative to traditional transportation. 

If you've been involved in an Uber-related accident, you will likely wonder who is liable. To help you, this blog discusses liability in Uber accidents so you have a useful starting point for protecting your rights.

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The Unique Nature of Uber Accidents

Common Uber Accident Scenarios

Uber-related accidents can manifest in many ways:

1. You're a passenger in an Uber vehicle involved in a collision
2. You're driving or riding in another vehicle that's hit by an Uber driver
3. You're a pedestrian or cyclist struck by an Uber vehicle
4. You're an Uber driver involved in an accident while on duty

Each of these scenarios presents its own set of challenges when it comes to

establishing liability and seeking compensation.

Unraveling the Liability Puzzle

Liability isn't always straightforward when it comes to Uber accidents. Depending on the circumstances of the incident, multiple parties could potentially be held responsible.

Let's examine some potentially liable parties 

1. The Uber Driver

In many cases, you can hold the Uber driver liable for accidents, especially if you can prove negligence or recklessness.

Examples of driver negligence include:

• Distracted driving
• Speeding or aggressive driving behaviors
• Operating a vehicle under the influence of drugs or alcohol
• Failing to obey traffic signals or signs

2. Uber (The Company)

In some situations you can hold Uber partially or fully liable:

• If Uber negligently hired, trained, or supervised of the driver
• If known issues with the Uber app contributed to the accident
• During certain phases of the ride, as outlined in Uber's insurance policy (more on this later), the driver may be entitled to additional insurance coverage through Uber’s insurance policy. 

3. Other Drivers

If another driver caused the accident, you can hold them liable.

This might occur if:

• Another vehicle rear-ended the Uber you rode in
• A driver ran a red light and collided with the Uber
• Any other scenario where another driver's negligence caused the accident

In these cases, the at-fault driver's personal auto insurance typically provides the primary source of compensation.

4. Vehicle or Part Manufacturers

In some instances, a defect in the vehicle or one of its components might have contributed to the accident. If this is the case, you could seek to hold the manufacturer of the defective part liable under product liability laws.

5. Government Entities

Occasionally, poor road conditions, malfunctioning traffic signals, or inadequate signage might contribute to an accident. In such cases, you could seek to hold the government entity responsible for maintaining the roads liable.

Decoding Uber's Insurance Coverage

Understanding Uber's insurance policy plays a part in determining potential compensation in an Uber accident. At the time of this writing, the coverage can depend on the driver's status at the time of the accident:

1. App is Off

When the driver is not logged into the Uber app, only their personal auto insurance applies. Uber provides no coverage during this period.

2. Available and Waiting for a Ride Request

When the driver is logged into the app and waiting for a ride request, Uber provides limited liability coverage:

• $50,000 per person for bodily injury
• $100,000 per accident for bodily injury
• $25,000 per accident for property damage

This coverage is contingent, meaning it only applies if the driver's personal insurance doesn't cover the incident.

3. En Route to Pick Up a Passenger

Once a driver has accepted a ride request and is en route to pick up the passenger, Uber's full insurance policy kicks in:

• $1 million third-party liability coverage
• Uninsured/underinsured motorist bodily injury coverage

4. During the Trip

The same coverage from the previous phase applies while the passenger is in the vehicle until the end of the trip in the app.

Essential Steps to Take After an Uber Accident

After an Uber accident, taking the proper steps immediately can significantly affect your ability to seek compensation.

Here's what you should do:

1. Prioritize Your Safety: Make your health and safety your primary concern. Even if you feel fine, some injuries may not appear right away. Get a medical evaluation as soon as possible.
2. Collect Evidence: If possible, take photos of the accident scene, vehicle damage, and any visible injuries. Collect the names and contact information of any witnesses.
3. Report the Accident: Report the incident to Uber through the app. This creates an official record. Also, inform your insurance company. 
4. Save Evidence: Keep all documents related to the accident.
5. Stay Off Social Media: Do not post about the accident on social media platforms. Insurance companies may use your posts against you.
6. Contact an Experienced Attorney: An attorney who handles rideshare accidents can help you with the legal process, deal with insurance companies, and protect your rights.

Understanding Your Potential Compensation

The compensation you recover after an Uber accident depends on your case. Here's an overview of the types of damages you may seek to recover:

1. Medical Expenses

This component of an Uber accident claim is generally covered by no-fault insurance and can include:

• Emergency room visits
• Hospital stays
• Surgeries
• Doctor's appointments
• Prescription medications
• Physical therapy
• Medical equipment (like crutches or wheelchairs)
• Future medical expenses related to your injuries

2. Lost Wages

If your injuries prevent you from working, you may recover compensation for lost income, including:

• Salary or hourly wages you would have earned
• Lost business opportunities for self-employed individuals
• Reduced earning capacity if your injuries affect your ability to work in the future

3. Pain and Suffering

This category involved the physical pain and emotional distress caused by the accident.

Factors that may influence pain and suffering damages include:

• The severity of your injuries
• The length of your recovery
• Any permanent effects of the injuries
• The impact on your daily life and activities

4. Loss of Enjoyment of Life

If your injuries affect your ability to participate in hobbies, sports, or other activities you used to enjoy, you may recover compensation. 

5. Property Damage

If the accident damaged your personal property, you may claim compensation for repair or replacement.

6. Punitive Damages

In cases where the at-fault party's behavior was extremely reckless, punitive damages come into play. While less common, these can increase the overall compensation in some cases.

7. Loss of Consortium

In severe cases where the injuries have affected your relationship with your injured spouse, you may claim damages for loss of consortium.

8. Wrongful Death Damages

In the tragic event that a loved one dies in an Uber accident, surviving family members may pursue a wrongful death claim.

This can include compensation for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and guidance

What Are Some Challenges in Uber Accident Cases?

Uber accident cases can present unique challenges that set them apart from traditional auto accident claims:

Multiple Insurance Policies

With potentially multiple insurance policies in play (the Uber driver's personal policy, Uber's policy, and possibly other involved parties' policies), each insurer may shift responsibility to others.

Determining Fault

Establishing fault after an Uber accident can require a rideshare accident lawyer. The driver's status during the accident can significantly affect liability.

Independent Contractor Status

Uber's classification of drivers as independent contractors rather than employees can make it more difficult to hold the company directly responsible for accidents.

Statute of Limitations

Uber accident claims are subject to statutes of limitation. In other words, you need to act quickly to preserve your right to seek compensation.

The Value of Legal Representation

Given all that’s involved in Uber accident cases, work with an experienced attorney.

Here's how a skilled lawyer can assist you:

1. Thorough Investigation: An attorney can conduct a detailed investigation of the accident.
2. Accurate Liability Determination: They can accurately determine which parties you can hold liable for your injuries so that you can explore all potential avenues for compensation.
3. Insurance Policy Handling: Dealing with multiple insurance policies can be overwhelming. Your attorney can handle communications with insurance companies, so you don't settle for less than you deserve.
4. Damage Calculation: A skilled attorney can go over the full extent of your damages.
5. Negotiation: Your attorney can negotiate with insurance companies and other parties to secure a settlement that adequately compensates you for your losses.
6. Litigation Representation: If the other side refuses a fair settlement, your attorney can represent you in court.

Injured in an Uber Accident - Who is Liable: Key Factors

The aftermath of an Uber accident can overwhelm you, but a lawyer can explain your rights and the potential avenues for compensation. 

By taking the right steps immediately after the accident and seeking experienced legal representation, you can protect your interests and work toward securing the compensation you deserve.

Remember, each Uber accident case is unique, and the specific circumstances of your incident will play a significant role in determining liability and potential compensation. 

Talk to a Car Accident Lawyer About Your Case Today

After an Uber accident, don't hesitate to get legal help. An experienced attorney at William Mattar Law Offices can provide invaluable guidance and advocate for your rights.

After an Uber accident, prioritize your well-being and compensation. Let us handle your legal matters so you can focus on your recovery. Contact us today for your free consultation.

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