If you have been injured in an Uber accident as a passenger, you could be entitled to compensation. Understanding liability and compensation may be complicated, but having an attorney by your side can help.
A New York City auto accident lawyer is a legal representative that assists victims with filing insurance claims and personal injury lawsuits, ensuring that clients are fairly represented in Uber driver accidents.
The Rising Concern of Ride-Sharing Accidents
The National Highway Traffic Safety Administration (NHTSA) found that the number of fatal accidents involving ridesharing vehicles increased exponentially in the late 2010s. Concerns with ridesharing could stem from inadequate driver screenings and drivers with lack of experience or working long hours.
For example, Uber does conduct driver background checks, which requires a valid driver’s license without restrictions and at least one year of driving experience. However, companies like Uber and Lyft have faced criticism regarding their drivers.
Uber, for example, also has driver conduct policies which are a set of guidelines for drivers to be respectful and maintain integrity while ridesharing, and refrain from any physical contact, post-ride content, or rude and uncomfortable remarks.
The Legal Framework of Rideshare Liability
Rideshare accident attorneys can help passengers understand their rights to recover compensation and provide a fresh legal perspective for how to handle the particulars of accident compensation claims.
Uber’s insurance coverage program, for example, states that coverage starts from the moment the passenger taps on the app for a ride request and applies if the passenger’s own personal auto policy does not provide coverage.
Though these insurance policies may vary by state, rideshare passengers are insured by third party liability coverage, uninsured motorist bodily injury coverage, and comprehensive collision coverage.
Your attorney can help you navigate the insurance claim process and put you in touch with a claims representative.
Types of Rideshare-Related Accidents
There are several types of car accidents that may cause injury to passengers, including:
- Intersection accident
- Sideswipe accidents
- Head-on collisions
- Hit-and-run accident
- Pedestrian or cyclist accident
It is important for passengers to understand the different types of vehicle accidents to understand how fault is determined.
Passengers should be aware of accident reporting procedures, which involves evidence collection. After an auto accident, the parties should gather information such as taking photos and marking the date and location of the accident, and contacting authorities promptly after the crash occurred. Passengers should also contact Uber directly to report the accident, as well as notify their insurer that an accident occurred.
Determining Liability in Rideshare Accident
The legal landscape for rideshare accidents can be difficult to navigate, but that’s why having a personal injury lawyer can help injured victims discover what their legal options are.
Typically, liability in accidents hinges on driver negligence, meaning that fault will typically lie with the party that did not adhere to safety or traffic procedures, and most likely caused the accident. Most states have comparative negligence laws, meaning that compensation will be shared among parties based on how much each party was at fault for the accident.
Rideshare drivers must exercise a duty of care, meaning that they took the necessary safety precautions when driving around passengers, and that they did not violate any traffic laws or were negligent behind the wheel.
A rideshare driver at fault for an accident could mean that passengers can claim compensation from the rideshare company directly for their damages, including any lost wages, property damages, or any outstanding medical bills resulting from the crash. A skilled lawyer will be experienced in handling driver negligence cases and understand from precedent how much your settlement offer will be worth.
Legal Rights of Rideshare Passengers and Injured Parties
Passenger rights for rideshare include the following:
- The right to claim compensation for personal injury
- The right to a safe vehicle
- The right to a safe driver
- The right to report an uncomfortable experience
At the end of the day, passenger safety is a top priority, and any injured party after a rideshare accident has legal options to pursue compensation.
What Legal Options Do Rideshare Drivers Have if They Are Injured?
Legal options for rideshare drivers come down to a number of factors. The driver’s app status at the time of the accident may determine how their coverage rates will be affected.
If the driver takes on a ride request and the rideshare app is active in the event of a crash, then coverage could fall under vicarious liability, meaning that Uber could be responsible for the damages even if the driver was negligent. But if the driver was not logged onto the app, then the rideshare company may not be found liable and the driver may need their own insurance to cover the accident..
If you’re someone who’s been injured in a rideshare accident as a driver or passenger in the New York area, you can contact a personal injury lawyer to receive answers for your legal questions and find out how much your accident claim could be worth. Schedule a consultation at Omni Law today with our expert legal team!