Who Is Liable In An Uber Accident?

Uber has made getting from one place to another easier than ever. With a few taps on your phone, you can book a ride that takes you exactly where you need to be. Besides the convenience, you might think the rideshare service is safer than other transportation modes. Once you get in for a trip, you don’t expect to get involved in an accident. After all, that’s what the rideshare company promises its users. Unfortunately, many of its drivers still get involved in crashes, which begs the question, “Who should be held liable?”

As an Uber user, it’s crucial that you know what to do after getting involved in an Uber accident. Knowing who is at fault and holding them accountable is probably the least of your worries as you try to recover from your injuries. However, it’s important to identify who caused the accident and establish their liability. This will be the foundation for determining who should compensate you for your damages.

In general, if a reckless rideshare driver causes a collision that injures you, they will be accountable for your damages. You may also hold the rideshare company liable. However, the compensation it can offer depends on the driver’s activity when the accident occurred. Lastly, other entities can have a share of responsibility depending on the circumstances of the crash. All these possibilities make the process of finding out who is liable in an Uber accident more complicated than one can imagine.

Who Can Be Held Liable For An Uber Accident?

In Uber accidents, determining liability involves identifying which party was negligent. Usually, rideshare drivers take responsibility for collisions involving their vehicles for a good reason: they were the ones driving. For example, if an Uber driver speeds up and causes a car accident, they are likely negligent and, therefore, liable for the resulting damages.

Liability, in the legal context, refers to the obligation to compensate another party for damages resulting from a wrongful act, omission, or breach of duty. Damages may include physical injuries, property damage, and other losses that result from any accident. The concept of liability is closely tied to the legal principle of negligence. Negligence refers to the failure to exercise the level of care that a reasonable person would have exercised in the same situation.

While it’s a no-brainer to think that the one who caused the Uber accident should be held liable, the company’s responsibility comes into question. After all, shouldn’t the company the driver works for be held liable, too? However, confusion over liability arises from Uber’s business model, which classifies its drivers as independent contractors rather than employees. This distinction creates a blurry line regarding its responsibility for compensating accident victims for their damages after an Uber crash.

To make matters complicated, several parties can also be held accountable for incidents involving the rideshare giant. Besides Uber itself, the list includes car manufacturers, third-party drivers, and government agencies. If another driver runs a red light and hits the Uber, for instance, that driver could be found negligent and responsible. Ultimately, multiple parties being potentially liable in an Uber accident easily makes the case more complex.

Uber Drivers’ Liability

Since multiple parties are potentially at fault, Uber drivers’ degree of liability is strongly based on their share of negligence. While Uber offers liability insurance coverage in times of accidents, it’s crucial to know that it depends on whether the driver was logged in to the app at the time of the crash. If not, the latter’s insurance policy might have to pay for whatever is due to the victims.

The California Department of Motor Vehicles (DMV) directs all drivers in the state to have minimum liability insurance for personal injury or property damage with the following coverage:

• $15,000 for injuries or death to one person
• $30,000 for injuries or deaths to more than one person
• $5,000 for property damage

Victims may file insurance claims to hold Uber drivers accountable for the ensuing damages. Sadly, holding Uber drivers liable is less straightforward. They may claim their app was on at the time of the accident, arguing for Uber’s insurance to kick in instead of theirs. This often happens when drivers get into a crash while they don’t have an active ride booking.

At this point, victims might have to turn to lawyers specializing in Uber accidents for help. These legal allies can request a court order to recover electronic records revealing whether the concerned rideshare drivers were indeed logged in on the app. An injury lawyer can also help determine the factors behind the accident, particularly the driver’s actions behind the wheel that might have significantly contributed to the crash.

When Is An Uber Driver Liable?

Since Uber drivers are expected to operate their vehicles safely as they are transporting people, including underage passengers, they can be held liable if accidents occur due to their negligence. An Uber driver can be negligent for exhibiting the following:

• Reckless Driving — The ridesharing industry values speed and efficiency, so Uber drivers usually prioritize picking up passengers and getting them to their destination quickly. This action may result in speeding, a common form of reckless driving. Other drivers also show recklessness by violating traffic rules. These include running a red light, ignoring road signs, tailgating, and failing to yield the right-of-way.
• Fatigued Driving — Despite Uber’s feature to limit the number of hours drivers can work, some drive for extended hours to earn more income. These situations are more common on weekends when late-night fares are available. Unfortunately, this leads to fatigue, which affects a driver’s judgment, coordination, and reaction time.
• Distracted Driving — Driving requires one’s full attention, and anything that distracts a driver increases the likelihood of an accident. The thing is, the nature of Uber drivers’ jobs often leads to distracted driving. Communicating with potential passengers, using the app to monitor bookings, and glancing at GPS navigation can divert their attention away from the road and compromise their safe driving skills.
• DUI — Drunk or drugged driving poses a risk to everyone on the road, including pedestrians. It’s particularly alarming when Uber drivers, who should be responsible for their passengers’ safety, engage in such behavior. Substances like alcohol, drugs, and prescription medicine impair a person’s cognitive functions. Anyone under its influence might not be able to drive safely.

The negligence or outright recklessness of Uber drivers frequently serves as a strong legal ground for victims to file their claims.

What Happens When An Uber Driver Hits A Pedestrian Or Bicycle?

Uber accidents not only involve Uber drivers (either with passengers or not) colliding with other motorists but also involve hitting and injuring pedestrians and cyclists. What makes this more concerning is these victims are unprotected, so they are likely to suffer serious or fatal injuries.

Pedestrian or bicycle accidents involving Uber usually happen in the following ways:

• The Uber driver fails to yield to a pedestrian crossing a road.
• The Uber driver pulls over in front of a bicyclist.
• The Uber driver suddenly opens the door in front of an approaching cyclist.

If you get injured in one of these instances, you may pursue a case against the responsible Uber driver to receive compensation for your damages. Mostly with no upfront payment, an injury lawyer specializing in Uber cases can help you prove what happened.

Are Uber Drivers Employees Or Independent Contractors?

Over the past few years, the debate has heatedly focused on whether Uber drivers should be considered employees or independent contractors. The rideshare company generally maintains that its drivers are independent parties. For accident victims, this is a significant hurdle in holding the company liable for their injuries and losses.

Companies that treat workers as independent contractors can save on the following responsibilities:

With this arrangement, Uber can avoid accountability for any accident caused by its drivers. Victims might struggle to sue the rideshare company directly. Nonetheless, this doesn’t absolve Uber of any liability. With the help of skilled injury lawyers, victims can face the rideshare giant head-on and make it pay for its driver’s negligence.

Uber’s Liability

Traditionally, companies are responsible for the actions of their employees while they’re on the job. This legal rule is known as vicarious liability. However, since rideshare companies like Uber and Lyft see their drivers as independent contractors, they aren’t automatically liable for their driver’s actions. One cannot simply sue Uber because its driver caused an accident. If the rideshare driver was solely at fault, you’ll likely pursue compensation through their insurance policy first.

As stated, such a classification doesn’t free Uber from any liability. The rideshare company can be held liable under certain circumstances. For example, a glitch in the Uber app might have directed the driver down a dangerous, closed road or provided faulty navigation that led to an accident. In such instances, taking legal action against the rideshare company might be an option.

Other legal grounds for suing Uber include the following:

Negligent Hiring

Federal law mandates Uber to run background checks on all prospective drivers’ criminal and driving records to evaluate their suitability for work. The rideshare company must meticulously examine past driving offenses, criminal convictions, and crash involvement histories.

If Uber fails to conduct a thorough review or misses red flags in a driver’s history (such as traffic violations or DUIs), and that driver causes an accident, Uber may be held partially liable.

For instance, John Doe was interested in driving for Uber to make extra money. Although he knew he had two previous DUIs, he still sent in his application. John Doe was shocked when he was successfully allowed to drive. In the later days of his employment, he opted to have a few drinks before logging into the rideshare app and picking up a passenger. However, while he was on his way to the pick-up point, he crashed into another vehicle and severely injured the occupants. John Doe was charged with DUI.

In this case, both Uber and its rideshare driver share liability. The company has become negligent by not properly screening those who drive for them and hiring unsuitable individuals.

Negligent Retention

Besides carefully admitting drivers, Uber is also directed to conduct an annual check on its drivers to see if they’re still fit to continue driving. Through this process, it’s expected that unsuitable individuals shouldn’t pass the examination. If Uber continues to allow a driver with a history of reckless driving to use its platform, the company can be considered negligent.

Let’s assume that the rideshare company has carefully examined its driver’s history and hired him because of his clean record. Later on, several passengers complain about the driver’s alcoholic stench. The authorities also pulled him over and issued a citation for testing positive for a blood alcohol content (BAC) of 0.09. Despite knowing this, Uber retained the privileges of the concerned driver, who collided with incoming traffic afterward.

If only the rideshare company had suspended the rights of its drunk driver, he would have been disciplined for his offense. Additionally, he might have been deterred from causing an accident that harmed other road users. For this reason, Uber may take a portion of the responsibility for the damages victims incur.

General Negligence

Numerous other factors can be considered Uber’s general negligence. If the rideshare company fails to verify its drivers’ compliance with safety regulations, it may be liable for any resulting accidents. Similarly, if Uber neglects to conduct regular vehicle inspections and one of its cars breaks down and crashes, it may be responsible for the ensuing consequences.

How Uber’s Liability Insurance Works

According to the California Public Utilities Commission (CPUC), ridesharing companies like Uber must maintain liability insurance for their drivers and customers. This insurance covers damages in accidents involving Uber drivers and vehicles. However, the scope of Uber’s insurance policy coverage depends on the circumstances of the incident.

For insurance purposes, Uber categorizes a driver’s time into distinct coverage periods:

Period 0

The Uber driver is not logged in.

If drivers aren’t logged in to the Uber app when accidents occur, the rideshare company won’t be liable for the damages incurred. During this period, their personal insurance policies will cover the costs of the incident.

Unfortunately, most personal insurance policies do not cover commercial driving activities such as ridesharing. Therefore, Uber drivers need to obtain additional insurance coverage to protect themselves and their passengers in the event of accidents. Uber also requires its drivers to submit proof of insurance before they can provide ridesharing services.

Period 1

The Uber driver is online and ready for trips.

If the Uber driver is logged into the app and is waiting to accept ride requests, their auto insurance will apply if accidents happen. If the driver’s insurance coverage isn’t enough, the rideshare company also provides the following supplemental coverage:

• $50,000 liability insurance per injured person
• $100,000 total injury liability per accident and
• $25,000 total property damage

Period 2

The Uber driver accepts a ride request and is en route to the passenger’s location. 

Once Uber drivers confirm the trip and are on their way to pick up their passengers, Uber’s $1 million liability coverage applies. This policy will cover injuries and property damage sustained by riders and other involved parties. Uber also offers uninsured or underinsured motorist coverage and contingent comprehensive and collision coverage.

Period 3

The Uber driver transports the passenger to the drop-off location.

This period begins when the passenger enters the car and ends when the passenger exits it. During this time, the same coverages from Period 2 are in effect.

Other Parties That Can Be Held Liable In An Uber Accident

While Uber drivers are often the ones who shoulder the blame when accidents occur, things aren’t always that straightforward. Here are some of the other parties that could potentially be held liable for an Uber accident:

Car Manufacturers

If a malfunction in the Uber vehicle, such as brake failures, airbag issues, or tire defects, contributed to the accident, the car or its parts manufacturer could be liable. In these cases, injured victims could file a product liability claim against the manufacturer.

For instance, an Uber car crashed at an intersection and killed two pedestrians. Upon investigation, the incident was caused by a flawed automatic braking system (ABS) that rendered the responsible vehicle uncontrollable. Here, the manufacturer of the faulty device can be held accountable for the damages.

Aside from manufacturers, the following parties could also be held liable under California’s product liability laws.

• Designers — If a design flaw in the vehicle, such as a poorly placed control panel, contributed to the accident, the car’s designer could be held liable.
• Suppliers — If the faulty component caused the accident, the parts supplier could be brought into the lawsuit.
• Wholesalers — Wholesalers who act as intermediaries between manufacturers and retailers might also be included if they knowingly distribute a defective part.
• Retailers — In rare instances, the dealership that sold the car to the Uber driver might be liable if they failed to identify or disclose a known safety issue with the vehicle.

Third-Party Drivers

Uber collisions might also result from other drivers’ careless behavior. If another driver’s negligence caused the car accident you were in, you have the right to take legal action against them directly. Their insurance coverage would be the primary source of compensation for your medical bills, lost wages, and pain and suffering.

Imagine your Uber driver has exercised the utmost care to ensure you’re safely transported to your desired drop-off point. However, on your way, a distracted trucker made a sharp turn without checking the side mirrors, consequently hitting your Uber vehicle. In this truck accident, you may file a claim and seek compensation for your damages against the reckless rig driver.

Government Agencies

California government agencies are responsible for maintaining safe roads and infrastructure. Dangerous road conditions, like potholes, uneven surfaces, inadequate signage, and broken guardrails, can contribute to Uber accidents. If an investigation reveals such a defect played a role in the accident, the responsible government agency could be held liable for damages.

Let’s say your Uber car passed through a highway with many potholes and lost control. If this incident caused you injuries, you could file a claim against the government agency in charge of the proper road maintenance and repair.

Apart from poor roads, you may also hold the government liable for your damages if you’re harmed in an Uber accident that involves:

Establishing Liability In An Uber Accident

Demonstrating the liability of parties accountable in an Uber accident entails proving their respective negligence. This also means you, with the help of an experienced injury lawyer, have to establish the following elements of negligence:

• Duty Of Care — Like other motorists, Uber drivers bear a duty of care, especially since they’re transporting passengers. They are obliged to drive safely to avoid harming their riders and everyone on the road. They must also follow traffic rules, yield to pedestrians, and behave like a reasonable person would while driving.
• Breach Of Duty — If Uber drivers violate traffic rules, they also breach their duty towards their fellow road users. They might have tailgated, overspeed, disregarded red lights, or ignored traffic signs. At this point, they display negligence, which is strong grounds for a compensation claim.
• Causation — In pursuing a case, you must also show that your Uber driver’s recklessness directly resulted in the accident and, consequently, your injuries.
  You may present evidence confirming that your Uber driver was speeding and did not stop in time, causing him to rear-end another vehicle. You may also bring your medical records testifying that after that accident, you incurred whiplash and post-traumatic stress disorder (PTSD).
• Damages — Finally, you must show that the injuries you suffered in an Uber accident caused you various damages and losses. These may be in the form of medical expenses, lost earnings, property damage, and intangible losses like pain and suffering.
  Proving your damages requires providing proof and other documents supporting your claim. As such, you must keep copies of your medical bills, missed payrolls and pay slips, and invoices of property repair or replacement.

All these elements are vital to demonstrating negligence, as they help strengthen your claim. If one of them is missing, you might not be able to establish the liability of the accountable parties completely.

Comparative Negligence In An Uber Accident

Understanding the pure comparative negligence rule is crucial to determining liability in an Uber accident. Under this legal doctrine, each responsible party may be held liable in proportion to their involvement in the Uber accident. It also allows victims to file a claim even though they’re partially at fault for up to 99%. However, their compensation will be reduced according to their percentage of liability.

For example, if you’re 28% accountable for an Uber crash and your damages are worth $105,400, you may only seek up to 72% compensation. Thus, you may receive a maximum of $75,888.

What Evidence Do I Need To Prove Liability?

Here’s a list of the key pieces of evidence that can help prove liability in your case:

• Photos and videos of the accident scene, sustained injuries, and damaged properties
• Dashcam footage from Uber cars and other involved vehicles
• Records of surveillance cameras from nearby establishments or buildings
• Written or oral affidavits from witnesses
• Incident report from law enforcement authorities
• The Uber driver’s driving records
• Medical accounts from doctors
• Medical bills
• Proof of losses, such as payroll records and paychecks
• Journals or written accounts of your personal experience

It’s important to collect and preserve all relevant evidence as soon as possible, as this can significantly impact the outcome of any legal proceedings that may follow.

What Damages Can I Recover In An Uber Accident?

California law allows victims to hold at-fault parties liable for the damages they incur in Uber accidents. While they can claim compensation for various damages, an injury lawyer can ensure they recover the full extent of their losses, including the following:

How Much Is My Uber Accident Case Worth?

The answer will depend on the details of the accident, but hiring an Uber injury lawyer can help you get the most benefits. Here are some key factors that will influence the value of your case:

If you get into a traffic collision involving Uber, it’s best to seek legal assistance from personal injury attorneys. They can calculate the estimated worth of your damages and losses. Uber accident attorneys can also handle communications and negotiations with insurance providers to make sure you’re getting the maximum possible compensation.

What Is The Deadline For Filing An Uber Accident Case?

In California, the deadline to file a lawsuit is generally two years from the date of the Uber accident. This time limit is known as the statute of limitations. Missing this deadline can be costly. If you wait too long, you might lose your right to sue altogether, leaving you financially responsible for medical bills, lost wages, and other damages caused by the accident.

Statistics About Uber Accidents

According to their most recent safety report, Uber completed almost three million ride requests daily from 2019 to 2020. Of these trips, 99.9% ended without security concerns. Uber also revealed that only 0.1% of its trips had minor safety-related concerns, like complaints about driving and passenger disagreements, while 0.0002% were critical incidents.

Additionally, a study from the National Bureau of Economic Research showed that ridesharing services have reduced alcohol-related traffic fatalities by 6%.

However, Uber’s impact isn’t without downsides. Based on the study published by the Singapore-MIT Alliance for Research and Technology (SMART) in 2021, ridesharing contributed to a significant rise in traffic congestion, especially in major metropolitan areas like Los Angeles and San Francisco. The researchers found a nearly 1% increase in road congestion across the US, along with a significant 4.5% increase in the duration of traffic jams.

Frequently Asked Questions

How Does Uber Detect An Accident?

According to Uber, the company has developed technology to keep an eye on its passengers and help detect if an accident occurs. They built RideCheck when things don’t go according to plan and the trip doesn’t go smoothly. RideCheck uses sensors and GPS data to help identify instances where a trip deviates abnormally from the planned path or where there may have been a collision. Once the app alerts Uber of anything unusual, the rideshare service will then get in touch with the passengers to give them the resources they need to obtain help.

How Long Does Uber Investigate An Accident?

A Washington Post article claimed that Uber was investigating an accident involving one of its drivers to try to minimize its liability as much as possible. Most cases are reportedly resolved in three to five days. The drivers will get three “strikers” for bad behavior, but even this system can be superseded by the company’s management trying to maintain as many drivers on the road as possible. If you’re an injured victim in one of these accidents, a lawyer specializing in personal injury cases can have a thorough investigation to determine the extent of Uber’s liability in the accident.

Hold At-Fault Parties Liable With Skilled Uber Accident Lawyers

Injured in an Uber accident? Getting into a car accident is stressful, and dealing with insurance companies and figuring out who’s responsible can add another layer of frustration. At this point, you might be wondering, “Do I need a personal injury lawyer?”

Here at Arash Law, our reliable Uber accident injury lawyers understand the unique aspects of rideshare accidents. With decades of experience, our lawyers for personal injuries can help you navigate the complicated insurance policies involved in Uber accidents. Whether you’re a passenger, occupant of another vehicle, cyclist, or pedestrian, we can help you hold the negligent parties accountable and pursue a compensation claim for your damages and losses. Our personal injury lawyers have won over $500 Million in settlements and court verdicts!

Don’t go through this difficult time alone. Call our Uber accident lawyers now at (888) 488-1391 to schedule a free initial consultation. We’ll handle the legal side of things so you can focus on healing. Don’t worry about upfront costs. We work on a contingency fee basis, meaning you won’t owe us a dime unless we win your case.

Our law firm operates in numerous locations across California, including Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim. We also serve Stockton, Modesto, Visalia, and Palm Springs.