Are Uber Drivers Legally Responsible for Injury Accidents?
Yes. If Uber drivers are negligent, they’re legally responsible for injury accidents. Usually, the company is financially responsible for damages in these cases. But that’s the subject of a different blog. First party liability in Uber crashes is quite complex, mostly because a different duty of care applies in different situations. More on that below.
Regardless of the duty of care or the victim’s role in the wreck, vehicle collisions typically cause serious injuries that are usually permanent. As a result, these victims need and deserve substantial compensation, so they can pay accident-related bills and face their futures with added confidence. A Carlsbad personal injury lawyer strongly advocates for Uber crash victims both in the courthouse and around the negotiating table, to obtain fair compensation in these matters.
Other Vehicle Occupants
Negligence is basically a breach of care. As common carriers who carry people and/or cargo for hire, Uber drivers usually have a higher duty of care in California. This higher duty of care (a duty of utmost care) requires these drivers to go above and beyond to avoid accidents. Specifically, they must be mindful of:
- Aggressive Driving: Speeding is arguably the most common, and most dangerous, form of aggressive driving. Most noncommercial drivers have a lower duty of care in these cases (duty of reasonable care). So, a few ticks on the speedometer might not constitute negligence. But Uber drivers, as common carriers, have little margin for error. Almost any driving mistake is negligence.
- Operator Impairment: Among Uber drivers, distraction may be the most common form of driver impairment. The company requires its drivers to use GPS navigation devices. These gadgets, even if in a hands-free mount, are inherently distracting. Speaking of hands-free mounts, these attachments often give Uber drivers a false sense of security. Despite what TV commercials imply, “hands-free” is not the same thing as “risk-free.”
The higher duty of care not only makes it easier to prove negligence. It also affects the amount of compensation in these matters. After all, with great power comes great responsibility. Additionally, the burden of proof (a preponderance of the evidence, or more likely than not) is relatively low in Uber crash cases. So, a little evidence, such as witness statements and medical bills, goes a long way.
Nevertheless, these claims are quite complex. Uber riders often agree to mandatory arbitration clauses. Furthermore, the company hires expensive lawyers to defend its interests.
So, only the most experienced Carlsbad personal injury lawyer should handle these claims. A victim’s lawyer cannot possibly match the resources that Uber brings to bear in these matters. But David took down Goliath with only a slingshot because David had right on his side.
Passenger Injuries
The aforementioned duty of reasonable care usually applies in passenger injury matters. In California, the precise extent of the duty of care in these cases usually varies, based on factors like:
- Control over situation (e.g. was the passenger wearing a seatbelt or not),
- Driver’s knowledge of the hazard,
- Cost of preventing harm,
- Ability to prevent harm, and
- Likelihood of serious injury.
The passenger injury duty of care starts when drivers pick up passengers and doesn’t end until drivers drop off passengers. So, this duty applies not only to crash-related injuries, but also to fall-related injuries and, in some cases, assaults and other third-party injuries.
Connect With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.
