Rideshare vehicles and their drivers seem to be everywhere on the road. The Uber app may have revolutionized the personal transportation industry and gig economy, but it has also escalated a danger — reckless and distracted drivers. When an Uber driver gets into a crash, this can create a complex situation for the victim. If you’ve been involved in an accident with an Uber, who is responsible — the driver or the company?
Common Causes of Accidents With Ubers
Because ridesharing has increased in popularity over the past several years, there’s a good chance you are sharing the road with an Uber driver. Even though the service is meant to take the stress of driving away from its customers, accidents involving ridesharing vehicles still happen. Some of the top causes of ridesharing and Uber accidents include:
- Distracted driving — Distracted driving is the primary cause of ridesharing accidents. This is mainly because Uber drivers are subject to more distractions than the average driver. They are focused on their navigation systems and usually have customers in their vehicles.
- Driver fatigue — Whether it’s a full- or part-time job, driving an Uber can be exhausting. These long hours behind the wheel can lead to driver fatigue, which can cause disastrous mistakes.
- Driver confusion — In addition to the distractions taking place inside the vehicle, many Uber drivers are often confused because they are navigating unfamiliar roads. This can lead to unexpected stops, sudden turns, and other maneuvers that cause crashes.
- Speeding — In an effort to get to a pick-up on time, meet a customer’s deadline, or just make more money, Uber drivers might push the limits by speeding and driving recklessly.
- Unsafe conditions — If you’ve ever used Uber, you know that these vehicles can stop in unsafe locations, such as street corners and intersections, for pick-ups and drop-offs, which could lead to accidents.
- Rideshare vehicle maintenance — Uber has vehicle maintenance requirements to sign up for its service, but there is no guarantee its drivers will continue to require maintenance. These vehicles put on a lot of miles, so issues with tires or brakes could lead to crashes.
Are Uber Drivers Employees or Independent Contractors?
The ridesharing giant Uber began as an idea between two friends who were visiting Paris in 2008 for a tech conference. The company’s founders couldn’t get a cab and thought it would be a great idea if you could summon a ride from your phone. As the idea developed, it became popular due to its simplicity — users could order a ride with the touch of a button, and drivers could make money using their personal vehicles.
Uber drivers are not considered employees of the company. This is an important legal distinction because an employer would be automatically liable in most cases for the harm done by their employees. Instead, drivers are considered independent contractors. Because of this, Uber may not automatically be responsible for an accident caused by an Uber driver.
How Are Uber Drivers Insured for Accidents?
Drivers can’t sign up with Uber unless they have their own auto insurance, which includes liability coverage. For example, the minimum insurance required to drive for Uber in California is $15,000 in bodily injury liability per person, $30,000 in bodily injury per accident, and $5,000 in property damage.
However, Uber also provides up to $1 million in combined coverage insurance for drivers. How these different coverages apply depends on the circumstances of the accident and the status of the Uber driver at the time of the crash.
Can You Sue Uber After an Accident With Their Driver?
The short answer is yes: you can sue Uber if you get into an accident with one of their drivers. However, this isn’t necessarily the case in every situation. Who you should pursue for damages will largely depend on the driver’s status at the time of the accident.
If the driver was logged into the app and had accepted a ride or had a passenger in their vehicle, Uber’s $1 million insurance policy would apply to the accident. If the driver was not logged into the app or was logged in and only available for a trip, the driver’s personal auto insurance would apply.
You may also be able to sue Uber in other situations after a crash. For example, if the company failed to perform a background check on a driver who had a history of car accidents, you would likely have a strong case.
Contact an Experienced San Diego Car Accident Attorney
If you’ve been involved in an accident with an Uber driver, you may be unsure about how to secure the justice and compensation you need and deserve. These cases can be complex, which is why we recommend working with a knowledgeable rideshare accident attorney.
Gomez Trial Attorneys in San Diego has experience advocating for the interests of clients involved in these types of crashes. We’re not afraid to fight major corporations like Uber and their insurance companies to get our clients the maximum settlements they deserve.
Call us today at 866-TRIAL LAW (866-874-2552) or contact us online to schedule a free initial consultation.
FAQs
Yes, you can sue Uber after an accident with one of their vehicles, whether you were a passenger in the rideshare vehicle, a pedestrian hit by the vehicle, or inside another vehicle.
What damages are available to me after an accident with an Uber driver?
Similar to other motor vehicle accidents, you have the right to pursue full compensation for your losses. This includes reimbursement for medical expenses, lost wages, vehicle damage, and pain and suffering.
How much can I get from an Uber settlement?
The amount of your settlement will vary depending on the circumstances of your crash and your particular damages. A seasoned rideshare accident attorney can help place a value on your case and fight for the full compensation you deserve.
Is there a deadline for suing Uber after a car accident?
The deadline for filing a car accident lawsuit, known as the statute of limitations, varies by state. For example, in California, you have two years from the date of the accident to file a personal injury lawsuit.