Can you sue Uber for an accident? Depending on the details of your accident, you may be able to sue Uber for an accident. The laws surrounding rideshare companies and your right to sue the company or the driver can be complex.
However, the following are some instances in which you can sue Uber for an accident with the help of a Los Angeles Uber accident lawyer.
You Are a Passenger in an Uber Ride
One of the most common reasons to sue Uber occurs when you are a passenger receiving a ride from a contracted driver. You requested a ride through the Uber app, the driver logged into the app and accepted your ride, and they picked you up. At this point, Uber’s liability insurance kicks in to provide you with compensation.
Note that while you may be able to file a liability claim against Uber, your location determines if you can seek legal action in a lawsuit in court. A Los Angeles rideshare accident lawyer can assist with this.
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The Uber Driver Was an Employee
In nearly all situations, the driver of your Uber vehicle is an independent contractor. That means they are not company employees, but they work for themselves.
If you needed to file a lawsuit against Uber due to your injury or accident, you would likely have to file a lawsuit against the Uber driver, not the rideshare company itself.
In some areas, vicarious liability does not apply to independent contractors. That means Uber is not negligent if their independent contractor causes an accident. If, for any reason, the person behind the wheel is an employee, that changes the outcome. You can then seek the legal action necessary.
Uber Failed to Perform a Background Check
In some situations, Uber can be responsible for what happened to you because they failed you in some way. You trusted that they would provide you with a safe driver, and they failed.
For example, if the rideshare company does not complete a background check of the driver, they may not know that the driver has a long criminal record.
If you get in that vehicle and that person causes you harm based on that previous criminal record, Uber could be responsible for your losses. You must demonstrate that Uber knew of or should have known of the risk and failed to protect you.
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Uber Failed to Prevent a Known Dangerous Driver from Operating
The same outcome applies when Uber allows a driver who has been in multiple accidents to get behind the wheel of the car again. Uber must know if its drivers are safe, and if there is clear evidence that the driver has been in numerous accidents, that could mean Uber is responsible.
The rideshare company could be held liable if it allowed a bad driver to operate for it. Even if that person is not an employee, they may still be held responsible if they should have known.
Talk to a Los Angeles car accident lawyer today about your case and whether or not you can sue Uber for an accident.
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The Uber Driver Had Previous DUIs
Another potential big risk for anyone who gets into an Uber vehicle is intoxication. If a driver is under the influence of drugs or alcohol, they are putting you, their passenger, or others at risk.
Uber has no way of knowing what that driver is doing daily. However, if the driver has had previous DUIs, failed standardized field sobriety testing, or convictions related to DUIs, the company should not allow them to be on the app in the first place.
Uber Knew the Driver Was in a Recent Violation Situation
Uber drivers are supposed to inform the company of the tickets or legal matters they are involved in, but that does not mean they do so. Consider what might happen if Uber did a background check on someone before allowing them to use the app, but failed to monitor that driver.
If a person has had one or more violations of traffic laws or is driving under the influence in the last few months after working for the company, Uber may be held liable for not ensuring their driver is safe. This can be complex to prove because you must demonstrate that the company knew or should have known about the risk.
Uber Violated Any of Its Duty of Care Responsibilities to the Passenger
If you were a passenger in an Uber ride and you believe the company, not just the driver, violated their duty of care, and you can prove it, you can hold them accountable for your losses.
A duty of care means that the company should have taken reasonable measures to ensure your safety and well-being, and they failed to do so. Some examples of the duty of care Uber provides to their passengers include:
- Ride tracking services
- In-app emergency assistance support
- Driver screening and monitoring
- Prompt response to incidents when they occur
- Timely communication to victims of accidents
- Fair treatment policies
- Anonymous feedback
If you can demonstrate that Uber did not provide ample protection and that you should have been able to count on that, this could lead to a lawsuit. For example, if you are in a dangerous situation, try to use the in-app emergency response service.
If it does not work or causes a delay in your care, you may be able to seek compensation for your losses from the rideshare company. This is yet another example of you being able to sue Uber for an accident.
There Are Limits to Every Case
Can you sue Uber for an accident? The answer is sometimes, but limitedly so. You can seek to file a claim for the damages you suffered through a liability insurance claim if you believe the company was at fault. Yet, the best way to navigate these challenging situations is to hire an Uber accident lawyer.
Your Los Angeles Uber accident lawyer will help you determine when the company is responsible and when the driver is. Call The Ryan Law Group today to schedule a free consultation.
Call or Text (310) 321-4800, or Complete a Free Case Evaluation Form