After an Uber Crash, Can I Sue the Company?
Uber crash victims, whether they were passengers in Uber vehicles or occupants in another vehicle, can usually sue the company after a collision, under the respondeat superior (let the master answer) doctrine. This blog examines the theory behind respondeat superior, and the elements that must be proved in court.
Respondeat superior opens the door to a large settlement in an Uber accident claim. This company earns billions of dollars every year. Respondeat superior also sets up a battle royale between a Carlsbad personal injury lawyer and a posse of Uber lawyers. Because the company is so profitable, it hires lawyers who usually charge hundreds of dollars an hour. These lawyers have but one mission, which is to reduce or deny compensation to victims. Only a determined Carlsbad personal injury lawyer evens the odds.
Employer Liability Theory
Third-party liability is very difficult for many people, including many accident victims, to swallow. Vicarious liability seems to undercut personal responsibility, which is at the heart of a negligence case.
In general, think of an employer as a stage hand. The show cannot go on unless stage hands give actors spaces to act. Uber accidents only occur because the company fails to do its job and doesn’t properly screen or supervise drivers.
For the company, the pressure to get drivers behind the wheel is immense. According to most estimates, about 90 percent of Uber drivers are with the company for less than a year. So, Uber always needs new drivers to replace departing ones. That’s especially true since Uber demand has increased so much since the end of the coronavirus pandemic.
This pressure often causes Uber to take shortcuts during the onboarding and/or supervision process.
Uber’s qualifications are minimal. Almost anyone with a valid drivers’ license and a decent driving record can be an Uber driver. The lax approach continues after onboarding is complete. When Uber drivers cause near-miss accidents or drive recklessly, the company usually does nothing.
The commercial operator duty of care comes into play in this area. California law holds commercial drivers, like Uber drivers, to a higher standard. So, almost any Uber driver error is negligence, or a lack of care.
Respondeat Superior Elements
Employers, like Uber, are financially responsible for car crash damages if their employees are negligent during the course and scope of their employment.
Uber drivers are not “employees” for financial, tax, and most other purposes. But negligence law defines an employee as any person the employer controls. This employer control includes telling drivers who to pick up, where to take them, and where to drop them off.
Under this broad definition, independent contractors are employees. So are people like semi truck owner-operators and volunteer church bus drivers.
Furthermore, any act that benefits the employer in any way is within the scope and course of employment. Uber drivers picking up or dropping off passengers obviously benefit the company. “Deadheading” drivers waiting for fares also benefit Uber. The company has more drivers in the area and most Uber operators have company decals on their vehicles (free advertising).
Connect With a Hard-Working 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. Virtual, home, and hospital visits are available.
