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Uber Driver Accident Protection

What Is an Uber Driver’s Legal Rights to Compensation?

From making your own schedule to controlling your potential earnings, the thought of becoming an Uber driver can be tempting. With the promise of earning $1,800 in your first month, Uber has lured in over 160,000 active drivers in the United States alone.

However, according to recent media reports, the colossal rideshare service has run into several legal obstacles. West Coast Trial Lawyers has an extensive background in handling Uber and Lyft cases. Our team of experienced rideshare attorneys can provide you with any information regarding your rights and protections as a rideshare driver.

Protections That Uber Provides

Pedestrian Deaths in Los Angeles

As seen in recent news, there have been several instances where an Uber driver has been physically attacked while on the job. As an Uber driver, the company has certain policies in place for your protection. Listed below are some guidelines Uber uses to safeguard their workers:

  1. In-app assistance. In case of an emergency, Uber has a built-in feature that can immediately send your trip information to the local authorities.
  2. Friends and family follow. Uber allows friends and family to follow your route.
  3. Rating system. As a rider can rate an Uber driver, the Uber driver also has the ability to rate the rider. Any dangerous, messy, or obnoxious riders will be banned from using the application.
  4. GPS tracking. The company keeps a record of all trips and routes in case of any emergencies.
  5. Uber has joined with major insurance companies to provide protection against uninsured motorists and hit and run accidents.
  6. Cash value for car. With a $1,000 deductible, you can have your car insured for the cash value.
  7. Optional Injury protection. This protects a driver if they’re in an accident and are unable to drive or pay their medical bills.

Uber’s Safety Policy

In order to protect its drivers, Uber has an in-app emergency button that connects the driver to the nearest 911 dispatcher. Uber discourages the carrying of firearms while working as required by the law. Though there is a no gun policy, laws in different states can challenge this ruling. However, under Uber regulation, the driver will be fired if found holding a firearm.

Uber also prohibits riders from carrying guns even in states where it is legal to carry a firearm.

Lyft, who has similar policies, released this statement: “The safety of our community is fundamental to Lyft and the incidents described are frightening. We have been in touch with the drivers involved to offer our support and will assist law enforcement to help in any way we can.”

To document a trip for protection purposes, Uber and Lyft drivers may resort to placing dashboard cameras in their vehicle. Most local regulations will allow a rideshare driver to do this, however, the rideshare driver is required to inform the rider that they are being recorded in or around the vehicle, and must acquire consent. If you are interested in using a dashboard camera while on the job, it is highly suggested to check rules and regulations established by your city on whether or not it is legal for you to do this.

Are Uber Drivers Employees in California?

The debate over whether to consider Uber and Lyft drivers as employees rather than as independent contractors differs from state to state. When considered an employee, Uber retains certain liabilities in case of a car accident or emergency. Uber must also provide benefits, such as health insurance and other protections. Under the AB5 Bill, Uber and Lyft drivers are now considered employees in California.

Class Action Lawsuit Against Uber

As a driver, you can sue Uber. In fact, there are several ongoing lawsuits that are currently surrounding the ridesharing company. A national class action lawsuit has grasped the attention of the media as hundreds of Uber drivers are seeking compensation based on Uber’s alleged misconduct. According to many Uber drivers, the company has failed to:

  • Properly distribute tips.
  • Provide benefits as employees rather than independent contractors.

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.

A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain and Suffering
  • Loss of Enjoyment of Life

Punitive Damages
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact are only incorporated in 5 percent of all verdicts.

West Coast Trial Lawyers Is Here to Help

If you were involved in an Uber or Lyft accident, our experienced personal injury attorneys at West Coast Trial Lawyers will help you get the compensation you deserve for your losses. We are committed to resolving your legal issues as quickly as possible while receiving the best results. Our clients are represented on a contingency fee basis. If we do not win, you owe us nothing. There is no financial risk to prevent you from reaching out.

Contact us today by calling (213) 927-3700 or emailing [email protected] to schedule a free, no-obligation consultation with our knowledgeable, caring, and compassionate legal team.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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