I’ve Been Injured by a Rideshare: Now What?

Ridesharing was an unknown term a few years ago, but it has become very popular. Companies such as Uber and Lyft employ regular people to chauffer clients for a fraction of the cost of a cab ride. While this is an attractive cost-saving option for many, it raises legal questions as well. What happens if you’re in a car accident when using a ridesharing service? Who’s responsible for your injuries?

Determining Liability

Peer-to-peer law services cleverly avoid responsibility due to their corporate structure. Uber, for example, contracts with independent workers, so they aren’t obligated to dole out worker’s compensation benefits in the event of an accident. Additionally, they require their drivers hold their own car insurance. Unlike taxi cab drivers, who are subject to vehicle inspections and safety checks, Uber drivers aren’t beholden to any established safety standard.

Determining liability in these situations is still an evolving area of law. Unfortunately, there’s rarely a clear-cut answer.

Consider the case of Sophia Liu, a 6-year-old from San Francisco who was struck and killed by an Uber driver while crossing the street. Uber denies any claim of liability because the driver didn’t have a passenger with him at the time of the accident, though he was on-call.

Stephen Clark, a Bay Area legal expert, told NBC that “Uber’s entire business model is set up to try to avoid liability in situations just like this. … The court is going to have to decide whether this business model shields Uber cab from liability, but just calling your drivers independent contractors isn’t going to be enough.”

This isn’t a comfort for Liu’s family, who is struggling with the girl’s final expenses. In situations such as these, pursuing a wrongful death claim isn’t clear-cut, though Uber may still be held responsible for its employee’s actions. The driver is facing a vehicular manslaughter charge.

A Changing Landscape

A class-action suit in California may force Uber to change the way it interacts with its drivers. Three plaintiffs initiated a suit against the ride-sharing giant for mileage and tip reimbursement. The lawsuit aims to establish Uber drivers as employees, not independent contractors. As employees, Uber would have to offer worker’s compensation benefits in the event of an accident, as well as health insurance benefits. The company, which is valued at $62.5 billion, has vowed to fight the suit.

A federal court ruled in December that any Uber contractor in California can join the suit, spelling bad news for the company. If California sets a legal precedent for making Uber drivers employees, other states may follow suit, establishing clearer rules of liability.

So What Happens if I’ve Been in an Accident with a Ridesharing Company?

If you’ve been injured by a ridesharing driver, or if you’ve been injured in an accident involving a ridesharing driver, you can take action and file a claim against the ridesharing company for a fair settlement.

Uber and Lyft drivers often carry minimum insurance policies for work hours, secondary to their own policies. The reimbursement you receive from these claims may be paltry at best. Unfortunately, Uber drivers may not make enough money themselves to pay out a personal injury claim.

This is why you need the help of an experienced law firm. Meet with one of the expert attorneys at Gordon Elias for a risk-free initial consultation. We’ll sit down with you to review the specifics of your case and offer advice for next your steps, free of charge. To get started on your personal injury claim today, contact us.