begin with a free consultation (949) 870-3800
begin with a free consultation
begin with a free consultation (949) 870-3800
begin with a free consultation
begin with a free consultation Start Here
start a free consultation here
Every story is unique, start telling yours here
  • This field is for validation purposes and should be left unchanged.
  • This field is for validation purposes and should be left unchanged.

All Fields Required

Injured in an Uber Accident – Who is Liable?

Injured in an Uber Accident – Who is Liable?

With the large number of ridesharing vehicles on roads today, it’s no surprise that the number of accidents involving these vehicles has increased significantly. Uber vehicles are no exception.

In many cases, Uber accidents happen when Uber drivers – and sometimes third-party drivers – commit negligent acts. Uber corporate may also be fully or partially responsible for these collisions.

If you suffered injuries in a recent Uber accident, you should speak with an experienced Uber accident lawyer in your area right away. Your attorney can promptly investigate the circumstances of your accident, file a claim on your behalf, negotiate with insurance companies, or litigate your case to a resolution in court.

Schedule a Free Initial Consultation Today!

Responsible Parties in an Uber Accident Scenario

In the unfortunate event of an accident involving an Uber vehicle, determining responsibility can be complicated and may involve multiple parties. First, the driver of the Uber may bear some responsibility if they were driving recklessly or negligently at the time of the accident. This can include behaviors such as speeding, running red lights, or driving while distracted.

Next, Uber as a corporation may also be held accountable under certain circumstances. Despite classifying drivers as independent contractors, Uber exerts a significant degree of control over them, including setting fares, providing guidelines for vehicle maintenance, and monitoring driver performance through the app. Courts have sometimes ruled that this level of control can make Uber liable for accidents involving their drivers – especially if they were negligent in their oversight or if the accident resulted from a defect in the Uber app itself.

Furthermore, the vehicle manufacturer can be liable if a car defect, such as faulty brakes or airbags, causes the accident. In such cases, the manufacturer may be held responsible for any injuries or damages resulting from the crash.

who is liable in Uber CrashAdditionally, other drivers involved in the accident may share some degree of responsibility. For example, if another driver ran a red light and collided with the Uber vehicle, they would likely be held accountable for their actions.

Insurance companies play a significant role in determining responsibility and compensating victims in Uber accidents. Uber provides liability insurance coverage for its drivers, but the extent of coverage depends on the driver’s status at the time of the accident. If the driver was logged into the app and transporting a passenger, Uber’s insurance policy typically covers the damages. However, if the driver was between rides or off-duty at the time of the accident, their personal insurance policy would likely be the primary source of coverage.

Finally, passengers riding in the Uber vehicle may be entitled to compensation for their injuries, depending on the accident circumstances. They may file a claim against the driver’s insurance, Uber’s insurance, or pursue legal action against any other responsible parties.

Anyone who suffered injuries in a crash should have an Uber accident attorney evaluate their rights.

Common Injuries in Uber Accidents

Victims of Uber accidents can suffer a range of injuries, both physical and mental, due to the sudden and often forceful nature of car crashes. One of the most common physical injuries is whiplash, which occurs when the victim’s neck is forcefully jerked backward and then forward, causing strain on the muscles and ligaments. Whiplash can result in pain, stiffness, and decreased range of motion in the neck, and it may take days or even weeks to fully manifest.

Another frequent physical injury is soft tissue injuries, which include bruises, sprains, and strains on muscles, tendons, and ligaments. These injuries can cause pain, swelling, and limited mobility, and they may require medical treatment such as rest, ice, compression, and physical therapy to heal properly.

Fractures and broken bones are also common in Uber accidents – especially if the collision is severe. Victims may suffer broken arms, legs, ribs, or other bones, depending upon the force of the crash. Fractures can be painful and may require surgery, casting, or immobilization to facilitate healing.

Head injuries are a significant concern in car accidents, including concussions and traumatic brain injuries (TBIs). Even less serious head injuries can have ongoing consequences, such as headaches, dizziness, nausea, and cognitive impairment. More severe TBIs can result in long-term disabilities, including memory loss, mood changes, and difficulty concentrating.

In addition to physical injuries, victims of Uber accidents may experience mental and emotional trauma. Post-traumatic stress disorder (PTSD) is a common psychological injury that can result from the shock and fear of being involved in a car crash. Symptoms may include flashbacks, nightmares, anxiety, and depression, and they can significantly affect the victim’s overall quality of life and ability to function normally.

Other mental health issues that may arise after an Uber accident include anxiety disorders, mood disorders, and adjustment disorders. Victims may struggle with feelings of fear, helplessness, and vulnerability, and they may require counseling or therapy to cope with their emotions and regain a sense of stability following their accident.

An Uber accident attorney will consider all the injuries you suffered and take each one seriously, ensuring they are represented in your injury claim.

Applicable Insurance Coverage in Uber Accident Cases

In Uber accident scenarios, several types of insurance coverage may apply to compensate for injuries and damages, including all of the following:

  • Uber’s Liability Insurance – Uber provides liability insurance coverage for its drivers while they are using the app. This coverage typically includes bodily injury and property damage liability, which pays for medical expenses and repairs for other parties involved in the accident if the Uber driver is at fault. The coverage limits may vary depending on the driver’s status at the time of the accident.
  • Uninsured/Underinsured Motorist Coverage – This type of coverage applies if the at-fault driver in the accident does not have insurance or does not have enough insurance to cover all of the damages. Uber’s insurance policy may include coverage for uninsured/underinsured motorists to protect passengers and drivers in such situations.
  • Personal Insurance Policies – Uber drivers are required to carry their own personal auto insurance policies, which may provide additional coverage in the event of an accident. However, personal policies may have limitations or exclusions for commercial activities like ridesharing. Some insurance companies offer rideshare endorsements or policies specifically designed for Uber and Lyft drivers to fill in these coverage gaps.
  • Medical Payments Coverage – Medical payments coverage, also known as MedPay, may cover medical expenses for the driver and passengers injured in an Uber accident, regardless of who was at fault. This coverage can help pay for ambulance rides, hospital bills, and other medical costs not covered by health insurance.
  • Comprehensive and Collision Coverage – Comprehensive and collision coverage are optional insurance coverages that may apply to Uber vehicles if the driver has them on their personal auto insurance policy. Comprehensive coverage pays for damages resulting from non-collision events, such as theft or vandalism, while collision coverage pays for damages to the vehicle resulting from a collision with another vehicle or object.

An experienced Uber accident lawyer in your area can determine which of these types of insurance coverage applies to your case and can file the appropriate claim(s) on your behalf.

How to Prove an Uber Accident Claim or Lawsuit Successfully

Proving negligence in an Uber accident case requires gathering evidence and demonstrating that the Uber driver or another party breached their duty of care, resulting in injuries or damages. Several key elements must be established to successfully prove negligence:

  • Duty of Care – The first step is to establish that the defendant (typically the Uber driver) owed a duty of care to the accident victim (i.e. the plaintiff), which is the legal responsibility to act reasonably and avoid causing harm to others. In the context of an Uber accident, this duty of care includes following all applicable traffic laws, driving safely, and obeying Uber’s rules and regulations.
  • Breach of Duty – Once the duty of care is established, the plaintiff must show that the defendant breached this duty by failing to act as a reasonably prudent person would under similar circumstances. This can involve driving recklessly, speeding, driving while distracted, or otherwise engaging in negligent behavior.
  • Causation –The plaintiff must further demonstrate that the defendant’s breach of duty was the direct cause of the accident and resulting injuries. This requires proving that the accident would not have occurred but for the defendant’s negligent actions.
  • Damages – Finally, the plaintiff must provide evidence of the damages they suffered as a direct result of the accident. This can include medical bills, property damage, lost wages, pain and suffering, and other tangible and intangible losses.

To successfully prove negligence in an Uber accident case, it’s essential to gather relevant evidence and present it effectively in court. Some important evidence to introduce may include the following:

  • Accident Reports – Official accident reports by law enforcement officers can provide valuable information about the cause of the accident, roadway conditions, and any traffic violations that the involved parties committed.
  • Eyewitness Testimony – Statements from witnesses who observed the accident can help corroborate the plaintiff’s version of events and establish liability.
  • Driver Records – Records of the Uber driver’s driving history, including any past traffic violations or accidents, can be used to demonstrate a pattern of negligent behavior.
  • Vehicle Maintenance Records – Evidence of regular maintenance and inspections of the Uber vehicle can help refute claims of mechanical failure and establish that the Uber driver was directly responsible for the accident.
  • Medical Records – Medical records documenting the plaintiff’s injuries and treatment can provide evidence of the extent of their damages and the need for compensation.

By carefully gathering and presenting evidence that establishes each element of negligence, plaintiffs can increase their chances of success in an Uber accident case and recover the compensation they deserve for their injuries.

Recovering Favorable Damages for Injuries in an Uber Accident

Recovering Damages for Injuries in an Uber AccidentVictims of Uber accidents may be entitled to different types of compensation to help cover their losses and damages resulting from the accident. These compensatory damages can be categorized into three main types: economic damages, non-economic damages, and punitive damages.

Economic Damages:

Economic damages are tangible losses that can be easily quantified in monetary terms. They include:

  • Related Medical Expenses – Victims can seek compensation for past and future medical bills related to injuries sustained in the accident. This may include hospitalization, surgery, medication, rehabilitation, and ongoing physical or occupational therapy costs.
  • Property Damage – Compensation for the repair or replacement of damaged property, such as vehicles or personal belongings, is often included in economic damages.
  • Lost Income – Victims may receive compensation for income lost due to their injuries, including time missed from work during recovery.
  • Future Earnings – If the injuries sustained in the accident result in long-term or permanent disability, victims may be awarded compensation for their loss of future earning capacity.

Non-economic Damages:

Non-economic damages are intangible losses that are more challenging to quantify but are equally important for the victim’s well-being. They may include all of the following:

  • Pain and Suffering – Victims may recover compensation for the physical pain, discomfort, and emotional distress they experienced as a result of their accidents and injuries.
  • Emotional Distress – Victims may receive compensation for psychological trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD), resulting from the accident.
  • Loss of Enjoyment of Life – Victims can pursue compensation for loss of their ability to participate in activities and hobbies they enjoyed before the accident, due to physical or emotional limitations.

Punitive Damages:

Punitive damages are less common and are intended to punish the defendant for egregious conduct and deter similar behavior in the future. They are awarded in addition to compensatory damages and are typically reserved for cases involving extreme negligence, recklessness, or intentional wrongdoing.

By seeking compensation for economic, non-economic, and punitive damages, victims of Uber accidents can receive the financial support they need to cover their medical expenses, repair or replace damaged property, and address the physical and emotional toll of the accident. An experienced Uber accident lawyer can help victims navigate the legal process and maximize their financial recovery.

Speak to an Experienced Uber Accident Attorney Near You Today

If you recently sustained injuries in an Uber accident, you have legal options available. A skilled personal injury lawyer in your area can determine your options, help you make important decisions throughout your case, and work to maximize the compensation you receive for your losses – either through settlement or litigation.