Can You Sue an Uber Driver if You’re Injured in an Accident?

Uber has revolutionized our commute, offering a convenient and cost-effective alternative to conventional taxi services. However, as Uber’s popularity surges, so does the occurrence of accidents involving its drivers.

If you find yourself as an injured Uber passenger, you might be curious about your legal rights to seek compensation from the driver. This article delves into the potential legal avenues for individuals injured in Uber driver accidents.

What Is Uber?

Uber, a global ride-hailing platform, operates in over 600 cities worldwide. Passengers can conveniently request rides from nearby Uber drivers through a dedicated mobile app. These drivers utilize their vehicles to transport passengers and are classified as independent contractors rather than traditional employees.

Can You Sue an Uber Driver?

If you suffer injuries in an accident caused by the negligence of an Uber driver, it is possible to pursue legal action against them. However, navigating the intricacies of the legal process can be challenging, and several aspects need to be considered. Factors such as determining the extent of the driver’s negligence, the severity of your injuries, and the insurance coverage available are crucial in assessing the merits of your case.

Understanding the distinction between Uber drivers as independent contractors rather than employees may impact the legal strategy and potential compensation. It is essential to seek expert legal counsel to help you explore your options and guide you through the complexities of pursuing a lawsuit against an Uber driver.

Uber’s Insurance Policy

Uber maintains a comprehensive commercial insurance policy to safeguard both passengers and drivers in the event of an accident. The extent of the coverage depends on the driver’s status at the time of the incident.

When the driver is offline and not actively utilizing the Uber app, their auto insurance policy takes precedence in providing coverage. If the driver is online and connected to the Uber app but has not yet accepted a ride request, Uber’s contingent liability coverage comes into play. This coverage offers protection of up to $50,000 per person for bodily injury, a maximum of $100,000 for total bodily injury per accident, and up to $25,000 for property damage.

In cases where the driver is in transit to collect a passenger or already has a passenger on board, Uber’s commercial insurance policy becomes applicable. This robust policy offers up to $1 million in liability coverage per accident and provisions for uninsured/underinsured motorist coverage. Additionally, it includes contingent comprehensive and collision coverage, which may help cover damages to the driver’s vehicle in certain circumstances, subject to a deductible.

Determining Liability

To successfully sue an Uber driver for injuries sustained in an accident, it is necessary to demonstrate that the driver acted negligently and that this negligence directly resulted in your injuries. Negligence, as a legal concept, refers to a person’s failure to exercise reasonable care, subsequently causing harm to another individual.

Numerous instances of driver negligence may occur in an Uber accident, some of which include the following:

• Distracted driving: This could involve the driver using a mobile device, attending to passengers, or engaging in other activities that take their attention away from the road.
• Speeding: Driving excessively or faster than the posted speed limit can lead to accidents and serious injuries.
• Driving under the influence of drugs or alcohol: Operating a vehicle while impaired by drugs or alcohol can significantly reduce a driver’s ability to react and make sound decisions, increasing the likelihood of an accident.
• Failing to obey traffic laws: Ignoring traffic signs, signals, or other road rules can result in dangerous situations and accidents.
• Reckless driving: Engaging in dangerous driving behaviors, such as tailgating, weaving in and out of traffic, or aggressive driving, can lead to severe accidents and injuries.

Filing a Lawsuit Against an Uber Driver

When contemplating legal action against an Uber driver, consulting an experienced personal injury attorney is crucial. This professional can guide you through the legal process and safeguard your rights.

Before initiating a lawsuit, your attorney will typically investigate the accident to collect evidence supporting your claim. This evidence-gathering process may involve the following:

• Obtaining official reports detailing the accident’s circumstances and potential violations.
• Gathering accounts from individuals who witnessed the accident can help corroborate your version of events.
• Collecting documentation of your injuries and the treatment you received can help establish the extent of your damages.
• Sometimes, speaking with experts who can reconstruct the accident scene is important to determine fault and the contributing factors.

Your attorney will liaise with Uber and their insurance company to negotiate a fair settlement on your behalf. Should these negotiations prove unsuccessful, your attorney can proceed to file a lawsuit to seek appropriate compensation for your injuries and losses.

Comparative Negligence in Uber Accidents

It is essential to recognize that in some instances, the injured passenger may share partial responsibility for the accident. This concept is referred to as comparative negligence. For instance, if the passenger failed to wear a seatbelt during the accident, their injuries might have been exacerbated. In such situations, the recoverable damages for the passenger may be diminished in proportion to their degree of fault.

It is crucial to know that comparative negligence laws vary from state to state. As a result, consulting with a personal injury attorney who is well-versed in your state’s specific laws is highly recommended to ensure that your case is accurately assessed and your rights are protected.

Statute of Limitations

When contemplating legal action against an Uber driver due to injuries incurred in an accident, it is vital to understand your state’s statute of limitations. This statute serves as a time constraint for initiating your lawsuit.

The statute of limitations is dependent on the state. However, it is typically between one and three years from the accident date. To avoid missing this crucial deadline, it is strongly recommended that you consult with a seasoned personal injury attorney. 

Contact BDIW Law for answers to any questions you have.