Uber Injury Law

Uber, currently worth about $57.7 billion, is one of the most closely followed companies in the world, once making history as the world’s most valuable startup, then again making history for a disappointing IPO in 2019. Conceived in 2009 between two friends attending a tech conference in Paris who could not get a cab on a cold winter night, the company has since exploded, changing how we get from one place to another.

UberEats kept Uber afloat during the pandemic as they delivered restaurant food to all those who were hesitant to go out in public. Uber also acquired JUMP, Postmates, and Drizly along the way and entered into a partnership with the owners of Lime, the scooter company.

Uber currently has at least 72 percent of the ridesharing business, with Lyft taking the remainder. With about 15 million rides each and every day, Uber is wildly successful and wildly controversial. In 2017 Uber’s corporate culture was called out for being offensive, sexist, and hostile.

Also, in 2017, a NY judge ruled Uber drivers should be considered employees rather than independent contractors in some cases.  In 2018, a self-driving Uber vehicle’s fatal crash caused the company more distress. Despite these bumps in the road, Uber remains a highly successful company.

What Happens When an Uber Driver is in an Accident?

When an Uber driver is involved in an accident, it becomes a bit more complex than when two “regular” passenger vehicles are involved. There is the potential for Uber to be a part of the equation, depending on several factors, including whether the driver had picked up passengers at the time and how extensive the injuries of those involved in the accident are.

If the Uber driver is not at fault for the accident and is injured, he or she will file with the at-fault driver’s insurance company unless the injuries are so severe that they exceed the limits of that driver’s policy.

If the Uber driver was logged into the app and was on the way to pick up passengers or had passengers in the vehicle at the time of the accident, the Uber driver may file against Uber.

An Uber vehicle passenger has no liability for the accident except in extremely unusual circumstances. The passengers would also file against the at-fault driver’s insurance and against Uber in cases where the injuries and lost wages were extensive.

It is important to note that auto insurance in Pennsylvania is “no-fault,” but you can choose from two options. If you choose limited tort insurance, which offers cheaper premiums, you will first file with your own insurance after an auto accident. Your insurance will pay up to a certain amount for your medical expenses, lost wages, and damage to your vehicle. Since the limits tend to be low, you could go through your insurance quickly if your injuries are severe. If you choose full tort insurance, you would file directly against the at-fault driver’s insurance policy, then also with Uber.

If the accident is the fault of the Uber driver, then the passengers would file against the Uber driver’s insurance policy—or Uber, depending on the circumstances. The same holds true for the other driver who would file against the Uber driver and potentially Uber if the Uber driver was at fault.

The minimum requirements for auto insurance in Pennsylvania are $15,000 for one person in an accident, $30,000 for more than one person, and $5,000 for damage to another person’s property. Many insurance companies consider Uber driving a “commercial” activity and can require the driver to pay for the extra insurance or could claim an exclusion in the event of an accident.

As you might imagine, the minimum requirements in Pennsylvania would be gone very quickly for anything more than minor injuries. Therefore, filing with Uber would be likely. Damages to vehicles virtually always cost more than $5,000, and $15,000 would not go very far for a hospital stay, surgical procedure, follow-up doctor visits, and rehabilitative therapies.

Your attorney must file against Uber for damages over that $15,000. Uber’s insurance policy. Uber carries $1 million of liability coverage per incident under specific circumstances, $1 million of uninsured or underinsured motorist bodily injury coverage per incident, and $50,000/$100,000/$25,000 of coverage between trips in some cases.

What Are Some of the Most Common Injuries Following an Uber Accident?

Car accidents can cause serious injuries, particularly when vehicles travel at higher speeds. Common car accident injuries include cuts, scrapes, broken bones and sprains, and bruising. More severe injuries include internal organ damage, limb amputation, vision loss, facial lacerations or burns that cause disfigurement, traumatic brain injuries, and spinal cord injuries. Car accidents are the leading cause of traumatic brain injury.

According to healthcare.utah, one in sixty people in the United States lives with some traumatic brain injury. Dealing with the long-term effects of brain injury can overwhelm the victim and his or her family members. Speech difficulties, trouble understanding or talking, difficulty processing visual information, and even the ability to perform regular or familiar tasks can result from a brain injury following an Uber accident. Other effects include memory loss, chronic headaches, seizures, vertigo, excessive fatigue, paralysis, mood swings, and reduced language skills.

Spinal cord injuries resulting from an Uber accident can be devastating. While paralysis could be short-term, it’s more often permanent. The level and type of paralysis will depend on the degree of injuries and the location of the injury. Since the spinal cord controls movement by sending signals to the brain, paralysis usually affects any part of the body below the point of injury. Spinal cord injuries can also lead to osteoporosis, muscle spasticity, and syringomyelia (numbness and weakness in the extremities). The body part that becomes paralyzed can be more susceptible to complications, including infection, pneumonia, bladder infections, and kidney stones.

How is Liability Proven Following an Uber Accident?

Liability following your Uber accident is proven in the same way it is for any accident. When you call 911 after your Uber accident, the police will come to the scene and file a police report after talking to those involved in the accident, along with any witnesses. Liability for the accident could be apparent, which will be noted in the police report.

Insurance companies may conduct investigations to prove liability if liability is unclear. Once you hire a personal injury attorney, he or she will also investigate the accident to make sure liability is clear. This can be done through an accident reconstruction, or if there were traffic cams or other cameras at the site of the accident, these videos might clearly show liability.

Having a personal injury lawyer following your Uber accident can allow you to focus on your health while your attorney deals with the legalities of the accident. At Ciccarelli Law Offices, we want to fight for you and your rights after a serious Uber accident. We know that having legal representation after a crash can increase your chances of a successful outcome. Let us fight for you.