Who’s Responsible If I Got Injured in an Uber Accident?

Posted on Oct 3 2018 - 1:00am by Ceybizlanka

a car accidentRideshare businesses like Uber have a duty of care to their passengers and other road users to avoid accidents. Put simply; they are legally responsible for the safety of their passengers while they’re using the service. Otherwise, the passenger and other individuals who sustained injuries could file a personal injury claim against the Uber or the driver. Plenty of Uber claims have been filed for many reasons, but the most common reason is injuries due to auto accidents.

Proving that an Uber Driver Caused Your Injuries?

You could sue for negligence if you sustained injuries while driving in an Uber. Negligence is the duty to act like a normal individual would in the same or similar circumstances. According to a top personal injury lawyer in Los Angeles, with ample experience in Uber claims, to prove that the Uber driver was responsible for your injuries, you must show proof of the following:

  • Duty – You need to demonstrate that the driver had a duty of care to you.
  • Breach of Duty of Care – You have to show that your injury or the accident occurred due to the driver breaching his or her duty of care to you. For example, the driver would be found liable for your injury if he or she was speeding or driving recklessly during the accident.
  • Causation – You likewise need to prove that your injury was a direct result of this breach of duty of care.
  • Damages – Your injury should result in damages that the court could calculate and translate to a dollar amount.

Filing a Claim Against Uber and/or The Driver

If you were injured due to an Uber driver’s negligent actions on the road, you could file a claim against the Uber driver instead of Uber itself. In general, under vicarious liability rules, companies could, in certain circumstances, be held responsible for their employees’ actions.

However, Uber drivers are now categorized as independent contractors rather than employees, so this means that you might not hold Uber liable for their drivers’ actions. State laws likewise govern ridesharing companies differently so to determine who you can sue for your injuries, consult a local personal injury lawyer to discuss the details of your claim.