Unlike typical car accidents, those involving Uber vehicles are complex. Determining liability in Uber accidents requires a thorough investigation. To determine who is liable for an Uber accident, it is crucial to determine what caused the accident.
Before suing Uber for an accident, you need to know the various parties who can be held liable for the accident. This blog aims to do the same so you can make informed decisions and secure your rightful compensation.
1. The Uber Driver
In cases where the driver’s negligence causes the accident, the driver is held liable. Here are some types of driver’s negligence:
Reckless Driving: It is when the driver engages in dangerous driving maneuvers such as tailgating, speeding, switching lanes abruptly, etc.
Distracted Driving: This is when the driver shifts their attention from driving; this can be due to checking their phone, eating, adjusting the GPS, etc.
Driving Under the Influence (DUI): It is when the driver is under the influence of mind-altering substances such as prescription or illegal drugs, alcohol, etc.
Uber provides their drivers with liability coverage, which can be used to compensate for accidents depending on the driver’s status.
Not Logged in: If the driver is not yet logged in to the Uber app, the driver’s personal insurance coverage will be required to pay compensation.
Logged in and Available for a Trip: If the driver has logged in to the app but is not on a trip during the accident, you can avail yourself of limited Uber insurance coverage.
On a Trip: If the driver was actively on a trip with a passenger, you can win a better compensation through Uber’s insurance coverage.
2. Other Negligent Drivers
In some scenarios, even though an Uber vehicle is involved, it is caused due to another driver’s negligence. Some examples where another driver is the cause of an accident:
Breaking Traffic Rules: When the driver runs a red light and slams into an Uber.
Distracted Driving: When the driver’s attention is on something else, e.g. texting, causing a rear-end collision into an Uber.
In such cases, the other diver is held responsible for the accident, meaning this driver is responsible for covering the damages you faced.
3. Uber as a Company
As Uber drivers are independent contractors, not employees, the company is rarely the liable party. But in some situations, you can file a claim directly to Uber, such as:
Company Negligence: You can file a claim against the company if their lack of proper hiring, training, and retaining their drivers caused the accident.
Insurance Limits: You can file a claim against the company if the driver’s insurance coverage is insufficient for your damages.
Accidents involving Uber vehicles can be complex; filing a claim directly against the company can be even more so. Uber is a company whose pockets run deep, so it surely has a battalion of lawyers who will do their best to reduce payouts. This is why you must hire an experienced Uber accident lawyer who can represent you and get you fair compensation.
4. Vehicle Manufacturers and Maintenance Providers
Some accidents can be caused by manufacturing or maintenance negligence. For example:
Manufacturers: The vehicle manufacturers can be held responsible for defective parts of the vehicle, such as brakes, steering systems, etc. They can also be held liable if they knew about a specific vehicle’s manufacturing defects but chose not to recall it.
Maintenance Providers: The vehicle’s maintenance providers can be held responsible if they perform faulty repairs or fail to address serious issues during routine maintenance.
5. Government Entities and Road Authorities
Not all accidents need to be caused by driver or business errors; in some situations, government agencies can be held responsible for road accidents. For example:
Road Hazards: Government agencies can be held liable if they don’t ensure proper road conditions and do not fix road hazards like potholes.
Signage and Signals: Signs and signals maintain decorum. Government agencies can be held liable if improper or faulty signage, such as a missing stop sign, faulty traffic signals, etc., causes an accident.
Faulty Road Design: Government entities can be held liable if issues such as faulty intersections or unsafe construction zones cause an accident.