Establishing liability in an accident caused by an Uber or Lyft driver can be trickier than in other auto accidents. Plaintiffs must demonstrate that the defendant’s negligence directly resulted in their injuries to be awarded damages.
Victims must document their injuries at the scene, take photos of their property damage, and keep track of medical treatments and prescription costs. It can help to prove the following elements:
Duty of Care
People who are injured in accidents involving Uber or Lyft vehicles may be able to recover damages from the drivers of those vehicles and, in some cases, the TNCs themselves. However, determining liability is more complicated than in a typical car accident case because of the unique relationship between an Uber or Lyft driver and their company.
All drivers must act reasonably and exercise caution while driving. It is known as the duty of care. People who transport others for hire owe an exceptionally high duty of care to those passengers. That is why drivers for Uber and Lyft are held to a higher standard than other professional drivers.
To win an injury claim, you must prove that the other driver disregarded this duty of care, that the violation led to the collision that injured you, and that the accident itself resulted in the losses you must pay. With the help of an experienced Uber/Lyft accident attorney, you can gather and review the proof for each claim.
Determining whether an Uber or Lyft driver violated their duty of care is crucial when they are held liable for an automobile accident. It may include several factors, including speeding, driving while distracted by the phone, or running a red light.
If the breach of duty caused the crash, a victim may have a claim for damages. These damages can cover medical bills, lost wages, property damage, and other costs.
However, Uber and Lyft may be able to defend against a lawsuit by claiming that drivers are independent contractors rather than employees. It means that vicarious liability would not apply, and the company would not be liable for the driver’s negligent actions. That is why it is essential to have an Uber or Lyft accident attorney on your side. They will be able to help you file an insurance claim or lawsuit. It will ensure that you are adequately compensated for your injuries.
Breach of Duty
Determining liability is integral to the claim process in car accident cases. It dictates which parties compensate accident victims for their injuries and damages. After a thorough investigation, the parties involved in an Uber or Lyft accident may be found to be at fault: the driver, the company, or both.
Drivers are not hired as employees by Uber or Lyft but as independent contractors. Most states do not have a duty of care to the public. However, if a company’s employee commits a negligent act that causes an accident, the employer may be held liable under a doctrine known as respondeat superior.
When an accident victim is injured in a ride-sharing vehicle collision, they will likely want to make claims against the driver and the company. However, several factors may determine who is responsible for compensating victims.
Uber and Lyft both carry insurance policies that cover drivers if they are in an accident while driving for their company. However, this coverage only occurs when the driver is signed into the app and “working.” Determining whether a driver was working or not can be complicated.
Furthermore, rideshare companies treat their drivers as independent contractors rather than employees, in contrast to traditional employers who are liable for the torts committed by their workers. As a result, this unique situation may limit the ability to sue Uber and Lyft directly in many jurisdictions.