You’re driving down the road, maybe on your way to work or heading home after a long day.
Suddenly, you find yourself in a collision involving an Uber vehicle. In that moment, questions flood your mind:
I was in an accident with Uber. Who’s at fault?
What happens if you get in an accident with Uber?
What do I do if I get in an accident with a Lyft driver?
As an experienced car accident law firm in Texas, we understand the confusion and frustration following rideshare accidents. For this reason, we’re here to provide you with guidance about what happens after your accident, what you can do, and details about compensation from Uber or Lyft.
Liability in an Accident With Uber
Liability refers to legal responsibility for an event or occurrence. When it comes to Uber accidents, determining liability can be complex and often involves examining various factors, including the actions of the Uber driver, other drivers involved, and the circumstances surrounding the accident.
In some cases, the Uber driver may be at fault for the collision. This could be due to factors such as reckless driving, speeding, or distracted driving.
However, liability may also extend to other parties, such as another driver who caused the accident or even the ride-sharing company itself.
Factors Affecting Liability
When assessing liability in Uber accidents, several factors come into play. These factors influence the determination of legal responsibility and, later on, who’s on the hook to pay compensation:
- Driver Behavior: The behavior of the Uber driver leading up to the accident is a large factor. Instances of reckless driving, speeding, or distracted driving may significantly impact the driver’s liability.
- Road Conditions: Poor road conditions, such as potholes or insufficient signage, may contribute to the collision and affect liability.
- Traffic Laws: Violations such as running red lights, failure to yield, or improper lane changes can establish fault in the event of an accident.
- Weather Conditions: Factors like rain, snow, or fog may reduce visibility and impact driving conditions, potentially influencing liability.
- Witness Testimony and Evidence: Witness testimony and available evidence, such as dashcam footage or accident reports, provide important insights into the events leading up to the collision.
Most Common Causes of Rideshare Accidents
When determining liability in an Uber or Lyft accident, you must first identify the actual cause of the accident. If the cause was driver error, which applies to the majority of car accidents, then the Uber driver or the company itself may be liable.
Some of the most common causes of Uber accidents include:
- Distracted driving
- Speeding
- Reckless driving
- Drunk driving
- Driver fatigue
- Inexperienced drivers
- Poor vehicle maintenance
Once the actual cause is determined, the insurance companies and attorneys will discuss which parties are financially liable, or required to pay for damages.
What Happens After an Accident With an Uber or Lyft Driver?
Some accidents are collisions with cars owned by the rideshare companies. Others involve vehicles owned by the driver. There are a few things to keep in mind when a rideshare accident happens.
Determining If the Driver Is To Blame
Instances of negligence, such as distracted driving (e.g., using a phone while driving), driving under the influence of alcohol or drugs, or violating traffic laws (such as speeding or running red lights), significantly impact the driver’s liability.
The driver’s training, experience, and adherence to Uber’s safety protocols may also influence whether or not the driver is to blame for the accident.
Investigating Third-Party Involvement
In some cases, third parties may share responsibility for Uber accidents. This could include government entities responsible for road maintenance, manufacturers of defective vehicle parts, or companies providing maintenance services for the Uber vehicle.
Possible Driver Deactivation
If the driver has been in other accidents or has a track record of negative reviews, Uber will deactivate the driver’s rideshare account. The driver will be unable to take passengers as an Uber driver.
What Happens If Your Uber Is in a Crash?
If you were the passenger of an Uber in an accident, you should take several steps as well.
Ensure Your Safety
Your immediate priority after an Uber accident should be ensuring your safety and the safety of others involved. Check yourself and others for injuries and seek medical attention. If you’re able to do so safely, move to a secure location away from traffic to prevent further harm.
Notify Emergency Medical Services
Promptly dial emergency services by calling 911 to report the accident. Emergency responders will dispatch police officers and medical personnel to the scene to provide assistance and document the incident. Police involvement is essential for filing an accident report, which serves as critical documentation for insurance claims and legal proceedings.
Document the Scene
Take photos and videos of the scene if you are able. Focus on injuries you sustained, damage to the vehicle, and the placement of the vehicles on the road. You should also get pictures of any nearby signs, roadway markings, and traffic lights. If there is a traffic camera, alert your attorney to obtain that footage as evidence of what happened.
Gather Information
While at the scene of the accident, gather pertinent information from all parties involved. Obtain the Uber driver’s name, contact information, and insurance details. Also, collect information from any other drivers involved in the accident, including their names, contact information, and insurance policy numbers.
If there are witnesses to the accident, obtain their contact information as well.
Report the Accident to Uber
Notify Uber about the accident as soon as possible through the app or by contacting their support team. Uber has protocols in place for handling accidents involving their drivers and passengers.
Reporting the accident to Uber ensures that they are aware of the incident and can initiate their internal procedures for addressing the situation.
Will Uber Compensate Me?
Once notified of your accident, Uber will often provide compensation that covers your medical expenses,property damages, and more. It’s impossible to know exactly how much your claim will be worth until you speak with an Uber accident lawyer. However, you can get the following damages:
- Economic Damages: These represent actual monetary out-of-pocket costs that you lost as a result of the Uber crash, including medical bills, lost wages, loss of earning capacity, and property damage.
- Non-Economic Damages: These are intangible losses that are harder to put a value on. They include pain and suffering, emotional anguish, loss of consortium, loss of enjoyment of life, disfigurement, disability, and more.
- Punitive Damages: These are rarely awarded, and they are meant to punish the wrongdoer. You wouldn’t get this in a settlement, but a jury may award you punitive damages if the actions of the driver or rideshare company are reckless or egregious (e.g., repeat drunk driving).
Uber insurance covers up to $1,000,000, which is the required auto insurance coverage for rideshare companies in Texas.
How To Claim Damages From Uber
Whether you got in a collision with an Uber driver or your Uber was on the receiving end of one, you need to follow the company’s claim process to recover damages. Here are the steps that your legal team will take on your behalf:
- Report the Accident to Uber: Utilize the Uber app or contact their support team to report the accident promptly. Ensure that Uber is aware of the incident to initiate the claims process.
- Review Uber’s Insurance Coverage: Familiarize yourself with Uber’s insurance policies to understand the extent of coverage available to you as an accident victim. This includes liability coverage, uninsured/underinsured motorist coverage, and contingent comprehensive and collision coverage.
- File a Claim With Uber’s Insurance Company: Submit a claim with Uber’s insurance company, providing necessary documentation such as details of the accident, medical records, and evidence of damages.
Got in an Accident With an Uber or Lyft Driver? Contact Us
Whether you’ve been in a crash with an Uber or had an accident while you were in one, you’ll need legal representation that can get you the compensation you deserve.
We’re here as your advocates after your Uber accident. Learn more about how our Uber accident lawyers can assist you today.