Understanding the legal implications of a car accident in Arizona while using a rideshare service like Uber or Lyft is crucial. You may be wondering, can Uber be held responsible for accidents? Let's delve into the legal aspects to provide you with a clear understanding.
Uber accident responsibility is limited, but you can sue the Uber or Lyft driver, the rideshare company, or a third party to recover compensation. A rideshare accident lawyer can help you determine the liable parties and give you a fighting chance at maximizing your compensation.
At Wyatt Injury Law, our accident lawyers represent ridesharing accident victims in pursuing compensation from rideshare companies, drivers, and other third parties. Contact our law firm for a free consultation on your case, and let one of our dedicated Uber accident lawyers help you and explore your legal options. Here is what you should know about Uber accidents and liability.
Uber’s Business Model and Liability in Rideshare Accidents
Uber drivers are not direct employees but rather independent contractors. However, they are still covered by Uber’s insurance policies, which can play a role in liability claims.
Independent contractors often have to use their own insurance for their negligent actions when they are the liable party. Uber’s insurance policy also protects its drivers in collisions, especially when their personal auto insurance excludes or denies coverage for a specific event. However, everything depends on the circumstances that led to the accident.
Generally, you can sue Uber as they control the platform, screen drivers, and handle the ride-matching process. Liability could be placed on the company for negligent hiring practices in the event of an accident. Under the legal concept of vicarious liability, Uber can share liability for the actions of their contractors. However, the worker’s negligence can be difficult to pin on the company as they are not direct employees.
Still, even if drivers are not direct employees but rather independent contractors, the company's negligent selection and retention can influence the applicability of the legal concept of vicarious liability. This way, rideshare companies such as Uber can still be held liable, especially if the accidents cause severe injuries.
Your Personal Insurance, Uber’s Liability Insurance, and Car Accidents
An Uber or Lyft driver is generally covered by the ridesharing company when they are liable for an accident. The driver’s actions play a crucial role in accidents. If the driver was actively transporting a passenger when the accident occurred, the victim can sue Uber directly to recover damages.
However, if the accident occurred when the driver was not providing rideshare services, their insurance policy would kick in. Uber’s liability insurance comes into play in the following scenarios:
- The accident occurred when the Uber driver was on duty and transporting a passenger. Uber’s 1 million liability policy applies to bodily injury, property damage, associated medical costs, and other damages.
- If an Uber driver is involved in an accident without a passenger in their vehicle but en route to pick up a passenger or responding to a ride request. Uber’s insurance policy limits are $50,000 for bodily injury, $100,000 for total bodily injury, and $25,000 for property damage.
When Drivers Maintain Liability Insurance
Uber and Lyft drivers usually have to use their personal auto insurance for accidents when they are off duty. A rideshare driver who engages in other activities during their hours off work must use their own insurance to pay for damages if an accident occurs. The company cannot be held liable.
Key Factors that Determine Uber Driver Liability or Company Liability
Several factors influence and determine liability in Uber accidents. Sometimes, the transportation network company and rideshare driver can be liable. In other cases, only the owner of the rideshare vehicle is liable. If you are involved in a car accident with a rideshare driver, the following scenarios can determine company or driver liability:
- If the driver’s status was on-duty or off-duty when the accident occurred
- The driver’s actions and if they followed Uber’s policies and procedures
- The amount of control exerted by Uber on the driver's actions and overall ride experience
- Background checks on the company’s behalf and failure to discipline bad-reviewed drivers
- Coverage and availability of Uber’s insurance policies
Contact an Uber accident lawyer to pursue an insurance claim and determine liability. A Phoenix Uber accident attorney can help you investigate the circumstances surrounding your accident and determine whether the rideshare company or driver is responsible for your damages.
Steps to Take After an Uber Accident
When you are involved in an accident with an Uber vehicle, whether as a passenger or driver, it is crucial to take the right steps to pursue a personal injury claim and secure compensation. Here is what you should do:
Seek Medical Attention
Prioritize your health above everything else and seek immediate medical attention. The medical report will help you correlate your injuries with the accident and act as evidence for your case. If you cannot request medical assistance, ask someone else to do it.
Collect Evidence
If you can, collect evidence from the accident scene. Take photos of your injuries, road conditions, and vehicle damage. If other drivers or passersby are around, write down their contact information so they can act as witnesses. Write down the contact and insurance information of the other driver.
Inform Uber and Report the Accident
In Arizona, all car accidents that result in injuries, death, or exceed $1,000 in property damage must be reported to authorities. The police investigation and report will also act as evidence for your claim. Report the accident to Uber and the insurance company and prepare your claim.
Consult with an Uber Car Accident Lawyer
Speak with an Uber accident lawyer to help you prepare your claim and seek fair compensation. You can seek compensation for various types of damages, including economic and non-economic ones. A Phoenix car accident lawyer can help you gather evidence and negotiate on your behalf with the auto insurance companies and the rideshare companies.
Legal Options and Potential Outcomes in Uber Car Accident Claims
When you pursue a personal injury claim in an Uber car accident, you can receive compensation for all your damages through settlements or a lawsuit. Since Arizona is an at-fault state, you can pursue damages from the other driver’s insurance company. They will pay injured drivers or passengers for their damages if they have a valid claim and their evidence is strong.
In an accident involving Uber drivers, injured parties can hold the negligent driver and the rideshare company liable to pursue compensation. However, various factors will influence the potential outcome in such cases.
The strength of your evidence, whether or not you are allocated fault, and the efficiency of your legal representation will all play a role in the outcome. But, you can achieve a fair settlement without taking your case to court if all parties agree to settle. If negotiations fail, then pursuing a personal injury lawsuit might be your only option to secure payment.
Relevant Laws and Regulations Concerning Ride-sharing Companies and Personal Injury
In Arizona, various laws and regulations can affect ridesharing accidents and their outcomes. To pursue a claim legally, victims of personal injury must file a claim within two years from the accident date.
Due to the state’s pure comparative negligence laws, all parties can be assigned fault. The percentage of fault will affect your total damage awards. Contact Wyatt Injury Law for a free case consultation and explore the legal options for your Uber car accident claim. Find out who may be liable and what relevant laws and regulations will play a role in your case.
