An Uber Driver Hit Me: What Should I Do?
Were You a Victim of an Uber Accident?
Were you involved in an accident with an intoxicated, distracted, fatigued, or aggressive Uber driver? You may have the legal right to file an Uber accident lawsuit against them to recover damages. Our Uber accident lawyers at West Coast Trial Lawyers are readily available to assess your case. With our track record of winning more than $1.5 billion in settlements for our clients, we have been recognized as one of the top personal injury law firms in California.
If you are interested in getting a free case evaluation done by one of our top-rated Uber accident lawyers, we welcome you to reach out to us by calling (888) 714-8311. You may also fill out our quick contact form, which can be found at the right side or bottom of the page.
What You Should Do if You Are Involved in an Accident With an Uber Driver
Getting into an accident with an Uber driver can be traumatic. Feeling lost, confused, anxious, or stressed out in such a situation is normal. You may experience an overflow of thoughts and emotions running through your mind as you try to figure out what you should be doing. Frequently, many accident victims will do the wrong things, which typically affects the outcome of their settlement offer.
Below, we have provided tips on what you should do after getting into an accident with an Uber driver. These tips aim to prevent you from losing your chances of recovering compensation you may be entitled to.
Contact the Police
If you notice any injuries or damages, contact the police immediately. They will arrive at the accident scene and conduct an official police report. Paramedics may also be present to administer medical attention to those needing it.
After the police officers finish writing the report, you should ask for a copy of the police report. The police report can be used as evidence to include in your injury claim.
Ensure to exchange driver’s license details, license plate numbers, contact information, and insurance information.
Try to collect as much evidence as possible. Take pictures or video footage of your injuries, damages, the location of where the accident occurred, road conditions, and weather conditions. If you notice any witnesses nearby, you should ask for their consent to acquire their contact information. Remember, witness testimonies can significantly help support your personal injury claim. Lastly, you should document your experience in a journal or diary. Do not forget to include the date and time of the Uber accident.
Visit the Doctor
Symptoms of an Uber accident injury may emerge days, weeks, or even months later. It is best to get the wounded area examined as soon as possible to check for any early signs of a severe injury. Any doctor visits, prescriptions, or procedures relating to the accident may be documented and saved in your medical records. You can use these records to prove that you were injured and would like to be compensated for your medical bills.
Hire an Uber Accident Lawyer
It can feel overwhelming having to handle a personal injury claim alone. You should seek legal representation from an Uber accident lawyer to make the process easier. While you focus on recovering from any physical or mental injuries you sustained from the collision, your Uber accident lawyer will handle all the complex tasks. This includes assessing your evidence, building up your claim, negotiating with the insurance companies, and representing you in court, if necessary.
How Can an Uber Driver Be At-Fault for an Accident?
Uber is responsible for hiring drivers with no background history of criminal activity or a bad driving record. Even if the Uber driver had been approved to drive for the company, it does not necessarily guarantee that the driver will never get into an accident.
Uber drivers are on the road far more often than regular drivers, meaning the chances of being involved in an accident are much more significant. Many factors can be applied when an Uber driver causes an accident.
To begin with, Uber drivers are allowed to create a flexible work schedule. Suppose an Uber driver chooses to work all day. In that case, they will eventually become drowsy or fatigued from being behind the wheel for so long. This can be dangerous as it could result in the Uber driver falling asleep while operating the vehicle.
Speeding is another common factor that has caused Uber drivers to get into an accident. Uber drivers are often pressured to pick up or drop off a rider based on the estimated time calculated on the Uber app. The rider will likely submit a complaint to the company if the Uber driver fails to meet the given time. These actions from riders can affect the Uber driver’s rating score. The more negative reviews submitted, the higher the chances for the Uber driver to get fired. To avoid this, the Uber driver will be influenced to speed to get from point A to point B on time.
Ultimately, these scenarios have gotten Uber drivers in trouble with the law, creating an unsafe environment for other drivers. If you were involved in an accident with an Uber driver, you are given the legal right to file a claim against them.
Can I Sue Uber?
It can be tricky to sue Uber over an accident caused by one of its drivers. Uber drivers are identified as independent contractors, meaning that in most cases, Uber may hold no accountability over the actions committed by their drivers.
Uber drivers were classified as employees when Assembly Bill 5 (AB5) passed on January 1, 2020. However, Uber, Lyft, and other app-based companies were not in favor of what this law enforced. Proposition 22 was later introduced to counter AB5. These app-based companies contributed millions of dollars to a campaign to get the bill to pass. They would also actively inform the public about the benefits they would receive if this bill became effective.
On November 3, 2020, Prop 22 passed, making rideshare and food delivery drivers independent contractors again. However, the bill was later ruled unconstitutional in 2021 by the Alameda Superior Court of California.
Uber and other app-based companies vowed to appeal the decision. The bill was then sent to the California Supreme Court, where a decision will be made on whether it should continue to be enforced. Currently, Prop 22 still remains active, meaning that Uber drivers are considered independent contractors.
When Can Uber Be At-Fault for an Accident Caused by One of Their Drivers?
Companies with independent contractors can face legal consequences under some exceptions. This includes the following:
Hiring Non-Suitable Applicants
Suppose Uber was found neglecting its role in hiring suitable Uber drivers. In that case, it can be held liable for unlawful actions committed by the driver. For instance, an applicant had multiple DUIs documented on their driving record. However, the applicant was accepted as a rideshare driver. On the first day of the job, the rideshare driver was heavily intoxicated and crashed directly into another vehicle while on the way to pick up a rider. Under this circumstance, Uber will face liability for hiring an unqualified applicant to provide unsafe rideshare services to the public.
According to Uber, “before a driver can start work with Uber, they have to undergo a training program on how to use the app and navigation with a GPS. They also have to be certified by our partner organization Hasassmap after completing a training course in recognizing and standing up to sexual harassment.” If Uber fails to administer these training courses to new drivers properly, it can be liable for damages.
Ultimately, you would need legal assistance from an Uber accident lawyer to get an idea of whether you are eligible to file a lawsuit against the Uber driver and the company for the accident you were involved in. A personal injury lawyer will review your case to determine who should be at-fault for the collision and what necessary actions should be taken in your name. Because only then will you get the compensation you deserve for your losses.
They know what they're doing, very well. Not only did I not make a single phone call from the day I hired them, but I also received calls from their case managers and paralegals who want to make sure my treatment was going well. They whole team took care of me. Thank you WCTL for taking full responsibility of my case and getting me an amazing settlement.
I can say with confidence that this team is the best in the business. . . . Dean took the time to really listen and hear me out. He assured me that he was going to move mountains because he believed in me, and he ended up doing just that. I’ve never met a more focused and passionate attorney in my life. If you’re looking for a firm that treats its clients with the utmost respect and care, calling WCTL is a no-brainer. I wouldn't think twice about working with them again in the future.