Rideshare may be a modern phenomenon that has changed how we travel but this service is not exempt from the same risk all other vehicles face and can cause many Uber accidents. In many cases, people that either hire an Uber or share the road with vehicles offering this rideshare service are injured to no fault of their own yet suffer expensive damages. Filing an Uber accident lawsuit can provide those injured due to the fault of another liable party, such as Uber, the means to seek fair financial compensation for damages such as medical bills, lost wages, and even pain and suffering.
If you or a loved one have been involved in an accident with an Uber vehicle either as a passenger or while driving your own vehicle then consider contacting an Uber accident attorney about what your legal options are. Getting ahold of a lawyer specializing in car accidents involving rideshare vehicles can get you the info you need to make the right decision and get you on the path to attaining fair financial compensation for your Uber accident injuries.
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Liability in Uber Rideshare Accidents
In order to file an Uber accident lawsuit, a claimant needs to have suffered a severe injury necessitating a civil action and there needs to be a liable party that is at fault for the Uber accident and consequent injuries to the plaintiff.
Drivers have what is called a duty of care while operating their vehicle which boils down to a responsibility to operate their vehicle in a reasonably safe manner. Failure to do so can lead to an accident and make them liable for damages they caused. Liability can extend beyond the driver as well. Uber itself may be considered liable in some cases and be responsible for damages suffered by Uber accident victims.
Uber Accident Scenarios and Liability
The question of who is liable for the damages you suffer in an Uber accident depends on the details of your Uber accident scenario. You could crash into a car with an Uber sticker and Uber could be not liable at all.
The reason for this is Uber drivers are considered independent contractors and not employees of Uber that the company is directly responsible for. Uber is treated as a middleman application for connecting drivers to passengers so there are fewer situations in which they are considered liable for Uber accident injuries.
Uber does have liability coverage for accidents that do occur in certain circumstances. Uber requires Uber drivers to have their own insurance but the driver’s insurance will almost certainly not provide coverage in the event they are using their vehicle for commercial purposes like Ubering. There are commercial policies that Uber drivers can take out themselves but these are costly and not standard.
The following are some common Uber collision scenarios where the liability of Uber and Uber drivers will change.
The Uber Driver is Driving to Pick Up or is Transporting an Uber Passenger While Using the App
Uber has liability coverage of up to $1 million for Uber accidents where the driver is in the process of actively using the app to pick up or transport a passenger as well as uninsured and underinsured motorist coverage with limits that vary by state. This means that as soon as the driver accepts a trip from a prospective passenger and begins their commute to pick them up then this $1 million coverage kicks in.
This coverage applies to passengers injured in an Uber accident and also to other drivers injured that are involved in a collision where the Uber driver is at-fault. This liability coverage ends as soon as the Uber passenger is outside of the vehicle and the trip has concluded. If you are a passenger that has been injured in the accident or another driver that has been hit by an at-fault Uber driver then you should be able to claim converge from Uber’s $1 million liability policy.
The Uber Driver Has the Uber App On but is Idle and Awaiting a Ride Request
If an Uber driver is logged into the Uber app and is awaiting ride requests then Uber still provides some coverage in the event there is an accident but not from their $1 million liability policy. Uber will provide liability insurance for accidents in this scenario if the driver does not have their own coverage.
The Uber coverage in this situation will consist of $50,000 in bodily injury per person, $100,000 in bodily injury per accident, and $25,000 in property damage liability.
The Uber Driver Has the App Off
If the Uber driver has the Uber app off then Uber is not liable for any accidents they may be involved in and the Uber driver’s personal car accident insurance will have to provide coverage.
Other Situations Where Uber Coverage is Not Applicable for an Uber Accident
Some details may eliminate any Uber liability coverage even if it seems they should be liable.
For example:
- The driver of the Uber is not the authorized driver for the Uber vehicle: If the driver does not match the one in the photo provided by the Uber app then Uber may not be considered liable in the event they cause an accident.
- The driver gives a ride to someone without using the app: In some situations, a person getting a trip from an Uber may request an additional trip to another location, perhaps to the next street over. If a driver provides a trip to a passenger outside of the use of the Uber app or the parameters of the trip specified by the app then Uber may not provide their liability coverage if there is an accident.
Common Causes of Uber Car Accidents
Uber accidents are not too much different from other car accidents in terms of common causes. Uber drivers are still susceptible to the same issues that cause accidents among other drivers like distraction and fatigue.
Rideshare drivers are on the road long than many others that may simply be making a commute and as a result, they can develop fatigue that can affect their driving ability. Uber drivers may be more susceptible to distracted driving in some instances where passengers are creating a distraction, they are distracted by navigation, or sometimes even the Uber app. Uber drivers may also violate some traffic rules in an effort to pick up passengers which can put them at risk of causing a car crash. The following list collects the most common causes of Uber accidents.
- Distracted driving
- Drowsy driving
- Driving under the influence
- Traffic violations
- Speeding
- Improper parking
- Poor Maintenance
Common Uber Accident Injuries
Like car accidents, Uber accidents have the potential to inflict severe and permanent injuries that can drastically affect a person’s quality of life. Any motor vehicle collision can inflict intense trauma upon anyone involved whether they be a driver, passenger, or in some cases, pedestrian.
It is important to note that Uber accident injuries may not always be as obvious and severe as one might think. Sometimes symptoms of injuries like whiplash can be masked by the effects of adrenaline which is why those involved in Uber crashes should seek medical attention as soon as possible regardless of their perceived condition.
- Traumatic brain injuries
- Soft tissue injuries
- Internal injuries
- Burns
- Whiplash
- Broken/fractured bones
- Amputations
- Spinal cord injuries
Damages Caused by Uber Collisions
The injuries inflicted by an Uber accident have the potential to change a person’s life for the worst. These losses suffered because of an Uber accident injury are considered damages and can be compensated through filing an Uber accident claim when the accident was the fault of another party.
The damages in an Uber accident make up the foundation of a claim. Knowing what damages you can claim and the properly calculated value of said damages is essential to successfully attaining a fair settlement. Uber accident damages will typically consist of either economic or non-economic damages. Economic damages are financial losses with a clear dollar value like medical bills and non-economic damages involve things like pain and suffering which are less tangible and have a more subjective dollar value.
- Medical bills
- Lost wages
- Lost earning potential
- Pain and suffering
- Vehicle repairs and temporary transport
Uber Accident Lawsuit FAQs
How Much Is My Uber Accident Worth?
Determining the value of an Uber accident lawsuit requires a significant amount of information as well as the expertise of an Uber accident lawyer. No two Uber accidents are the same and even those that involve similar injuries will involve different damages since the circumstances of claimants are different.
In order to get an accurate assessment of your Uber accident and an estimate on how much you might be able to seek in damages speak to a personal injury lawyer about your case. Settlement calculators do not factor in certain details and have been shown to be inaccurate. Rely on the opinion of a legal professional with years of experience instead of a website.
How Much Does an Uber Accident Lawyer Cost?
A personal injury lawyer does not typically charge an hourly rate but instead works for a contingent fee. This means that they collect their fee as a percentage of the money they get you in a settlement or trial award. This percentage is typically about 33% and taken after they get you compensation so you are able to hire a lawyer without paying up front. If they fail to get you compensation then they do not get paid anything so they are motivated to maximize the compensation you receive.
What Should I Do After an Uber Accident?
In the aftermath of an Uber accident, you should first ensure that you and those involved are safe and then emergency and medical assistance as soon as possible. It is imperative that you remain at the scene, get the contact information of all involved, and do not apologize or admit to fault in any way. Only after getting medical treatment should you consider speaking to an Uber accident lawyer.
Contact An Experienced Uber Accident Lawyer for Help With Your Case
If you or a loved one have been involved in an Uber accident then consider contacting an experienced Uber accident lawyer as soon as possible. Getting the expert opinion of an attorney specializing in rideshare accident cases as soon as possible if the best thing you can do to improve the chances of success for a future Uber accident lawsuit.
Uber accident lawyers usually offer free consultations on prospective cases with no obligations or strings attached so there is nothing to lose from at least listening to their expert opinion. You can get an idea of what legal options are available for seeking compensation after your Uber accident and how much you may likely attain from a settlement.