Liability in Uber Accidents in Pennsylvania

Uber, Lyft, and other rideshare companies have all but replaced old fashion taxi services in many areas. The ease and convenience of ordering a ride through a smartphone app have made these services an indispensable means of transport for many people. Unfortunately, Uber drivers are also involved in car accidents, resulting in both property damage and injuries. Determining who is legally liable in these types of accidents is the same as any other automotive crash – an injured plaintiff must prove that the at-fault party was negligent. When an Uber driver causes an accident, they could be held liable.

Car accident cases often present numerous hurdles when it comes to determining liability and fault. Because of everything from discrepancies in witness testimony to significantly different statements from the parties involved, a successful car accident case requires experienced Philadelphia personal injury lawyers. When a claim also involves the nuances associated with an Uber driver, having skilled representation is vital.

The lawyers and staff at the Reiff Law Firm have been providing professional and aggressive representation for over three decades. Uber drivers provide a valuable service but sometimes present an undeniable risk. If you were hurt due to an Uber driver’s negligence, you deserve to be appropriately compensated. To arrange a free consultation, contact our law offices at (215) 709-6940.

Common Causes of Uber Accidents

Car crashes occur for a wide range of reasons. Uber drivers are not immune from the issues that plague other drivers on the road, such as texting while driving or ignoring traffic rules and regulations. However, there are some aspects of a rideshare driver’s job that could contribute to an accident.

Fatigue

A fatigued driver is as dangerous as a drunk driver. To earn enough money, many Uber drivers will spend long hours on the road. This is especially true on weekends when late-night fares are prevalent. While the app is designed to limit the number of hours a driver is permitted to log, an Uber driver could easily push past their safe window for “one more fare.”

Distracted Driving

Distracted driving is a common cause of automotive crashes. Whether it is texting, talking on the phone, or looking at a GPS, anything that diverts a driver’s focus from the task increases the chances of an accident. Unfortunately, the nature of an Uber driver’s job makes distracted driving almost a job duty. An Uber driver will regularly communicate with a potential fare, use their rideshare app to confirm a job, or rely heavily upon their GPS to navigate unfamiliar areas. All of this behavior could distract the driver from safely operating their vehicle.

Reckless Driving

Speed and efficiency are cornerstones of the rideshare business. An Uber driver does not want to keep a potential fare waiting long. After picking up a passenger, getting them to their destination quickly is almost expected. Because of this, some Uber drivers will drive recklessly or at unsafe speeds, resulting in avoidable accidents.

Determining Fault in an Uber Accident in Pennsylvania

Who was responsible for the accident in question?  It might not necessarily be one person.  We look at who made a mistake, whether that mistake caused you injuries, and whether that mistake was worse than others.  Overall, this analysis involves looking at a few prongs to determine whether negligence was involved.

To start, we all have a standard of conduct under the law, which changes according to the circumstances.  Do a person driving down the street, an airline pilot, and a heart surgeon all have the same legal duty of care?  Not at all.  To meet our duty of care, we generally must do what a reasonably prudent person would do under the same circumstances.  A driver must be a reasonably prudent driver.  An airline pilot must be a reasonably prudent pilot, and so on.

It is when we fail to act as a normally prudent person would that the second prong of the negligence test can be met.  For a plaintiff to prevail on a claim of negligence, the court must ultimately agree that the defendant breached their legal duty of care.

The third prong means that there must be a clear cause and effect between the defendant’s faulty conduct and the injury at hand.

Which brings us to the fourth prong of a negligence claim: damages.  If you are not injured or did not face damages, your claim will most likely not succeed.  A negligence case is largely about putting a price tag on the injuries you have suffered at the hands of a defendant.

Therefore, in case of an Uber of Lyft accident, we are looking to see who did not act as a reasonably prudent person under the circumstances.  It could have been the Uber driver, or another driver.  Even you might have made a mistake and contributed to the accident. But even if you were at fault in whole or in part, your negligence claim is not necessarily defeated.

Uber Drivers are Often Liable for Accidents They Cause

Determining liability after a car accident requires figuring out who caused the accident. If a driver was texting or failed to stop at a traffic light, they could be held liable for any injuries that occurred. The job of our Pennsylvania car accident attorneys is to gather sufficient evidence to hold a liable party responsible. To do so, our office will have to prove that a duty of care existed, that duty was breached, the breach caused the injury, and our client suffered quantifiable damages.

Uber drivers are no different from other motorists on the road. They owe every other driver and pedestrian an obligation to safely operate their cars, avoiding accidents and injuries. If an Uber driver is texting a potential fare while driving, they are breaching their duty to others on the road.

Because Uber, and other rideshare companies, consider themselves a technology platform and their drivers independent contractors, it is difficult to file a lawsuit against Uber directly after an accident. Therefore, if you are injured in a crash caused by an Uber driver, your claim will be against the driver and their personal auto insurance carrier.

Does Uber Provide Insurance for Car Accidents in Pennsylvania?

Uber’s website states that all rides on Uber are supposed to be insured.  However, Uber’s insurance may not be sufficient to cover your injuries, and the company may also choose to deny a claim.  In these situations, you will want a team of experienced attorneys to advocate on your behalf.

Our attorneys will gather all possible information about the crash, any citations issued by the police, police reports, names of drivers and witnesses, medical records regarding your injuries, and so on.  Then, your lawyers will contact the parties they deem to be at fault.  We can also file a lawsuit, as necessary, to get you the damages you need. There are many other nuances to litigating a personal injury case, and you want an experienced team by your side who is not afraid to take the matter to trial.

Uber Supplemental Insurance

Fortunately, Uber provides supplemental insurance for their drivers. This insurance is supplemental, meaning it becomes available if the driver’s personal insurance is not enough to cover your claim. However, if the coverage was in effect at the time of the accident and how much coverage is available depends on the status of the Uber driver at the time of the crash. Determining the driver’s status is a crucial piece in developing a personal injury case.

The driver’s status depends on what activity they were engaged in at the time of the accident. If the driver had been selected by a potential passenger and was on their way to pick them up or was transporting a passenger, then there is up to a million dollars of coverage available per accident.

There are times when an Uber driver is logged into their app, but they have not accepted a fare. If an accident occurs at this time, Uber’s insurance covers $50,000 per person, $25,000 for property damage, and $100,000 per accident.

If an Uber driver is logged out of their rideshare app, there is no supplemental insurance available. At this time, an injured plaintiff will have to rely on the driver’s personal auto insurance policy.

Court or Arbitration to Determine the Negligent Party

Who decides who was negligent in an Uber accident case?  A jury normally decides and this is what you want as an injury plaintiff.

Pennsylvania also provides its citizens with a constitutional right to a trial by jury.  There are, however, circumstances in which you may lose this right, such as by signing it away.  A common example of this is arbitration agreements.

Arbitration agreements are contracts where you agree that if you have a dispute with the other party, the case will not go to a court or jury, but to arbitration.  This means that a third party will act as the judge and jury and decide your case in full.  The arbitrator will be the one to decide who was at fault in the accident.  And most such agreements call for binding arbitration, which means that you cannot appeal to a judge or any other authority if you do not like the arbitrator’s decision.  Whatever the arbitrator’s decision is, you are most likely stuck with it.

However, in some cases, a court can decide that you are not bound by the arbitration agreement and allow you to have a jury trial after all, where a jury of your peers will decide who was at fault in the accident.  For example, in one case, Uber attempted to enforce its arbitration agreement against a wheelchair using passenger who had been injured because of the negligence of her Uber driver.  In that particular case, the Pennsylvania court ruled that Uber’s arbitration agreement was unenforceable, and that the injured passenger was entitled to a trial by jury.

This case also underscores the importance of safety steps for both Uber riders and drivers.  Wheelchair customers also present unique needs and before accepting a fare, a driver must have the proper accommodations and expertise to ensure disabled passengers are safe.

Our Experience Uber Car Accident Lawyers Offer Free Consultations

Car accidents often result in severe injuries, expensive medical bills, and lost time at work. When you were hurt through no fault of your own, the negligent party should be held liable. This is also the case if an Uber driver caused the crash. Our Pennsylvania personal injury lawyers have the experience and resources to hold Uber drivers accountable for their reckless conduct. To speak with an attorney at the Reiff Law Firm, call (215) 709-6940.