Michigan Lawyer Blog

Injured in an Uber Accident? Who is Liable?

 

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  • December 16, 2024

The rise of rideshare services like Uber has revolutionized transportation, providing a convenient and affordable way for people to get around. However, with the increased popularity of these services comes a greater risk of accidents involving rideshare vehicles. 


If you've been injured in an accident involving an Uber vehicle, consulting a rideshare accident lawyer can help you understand your legal options. Determining liability in these cases is often difficult, as multiple factors can influence who is held responsible for the accident and the resulting injuries. An experienced lawyer can guide you through the process of filing a lawsuit and seeking fair compensation.

Contact us online, and let us safeguard your rights and future.



Understanding Rideshare Accident Liability


Accidents involving rideshare vehicles can be more complicated than traditional car accidents when it comes to determining liability. 


Several key factors can impact who is held responsible for the accident and your injuries:



  1. Negligence: As with any car accident, establishing whose negligence caused the crash is essential. This may involve:



  • investigating the actions of the rideshare driver, 

  • other drivers involved, 

  • and any external factors that may have contributed to the accident.



  1. Driver's status: The rideshare driver's status within the app at the time of the accident can significantly impact liability. Rideshare companies like Uber have different insurance policies that apply depending on whether the driver was  



  • logged into the app, 

  • awaiting a ride request, 

  • en route to pick up a passenger, 

  • or actively transporting a passenger.



  1. Your role in the accident: Your ability to recover compensation may also depend on your role in the accident. If you were a passenger in the rideshare vehicle, you may have an easier path to recovery than if you were driving your vehicle and were involved in an accident caused by the rideshare driver.



Passenger Injuries: Seeking Compensation


When you’re injured as a passenger in an Uber vehicle, and the rideshare driver was at fault for the accident, you may be able to seek compensation through the rideshare company's insurance policy. 


Uber maintains substantial liability policies that cover passenger injuries when a rider is in the vehicle. But if another driver caused the accident, you would need to pursue a claim against that driver's insurance policy.


Even if you were a passenger in the rideshare vehicle, you may still need to prove that the rideshare driver's negligence contributed to the accident. An experienced car accident attorney can:



  • help you gather evidence, 

  • build a strong case, 

  • and negotiate with insurance companies to help you receive compensation for your injuries.


Driver Injuries: Navigating Insurance Coverage



 Car Accident Lawyer


If you were driving your vehicle and were involved in an accident caused by an Uber driver, determining liability can be more complex. Rideshare companies have different insurance policies that apply depending on the driver's status within the app at the time of the accident:



  1. Logged in and awaiting a ride: When a rideshare driver is logged into the app and waiting for a ride request, the rideshare company typically offers contingent insurance coverage. This means that if the driver's auto insurance policy doesn't cover the accident, the rideshare company's insurance may step in to provide coverage.

  2. Logged in and en route to a passenger or transporting a passenger: When a rideshare driver is actively fulfilling a ride request, either by driving to pick up a passenger or transporting a passenger, the rideshare company provides primary liability insurance coverage. This coverage is usually at least $1 million and applies regardless of whether the driver's insurance would cover the accident.

  3. Not logged into the app: If the rideshare driver was not logged into the app at the time of the accident, the rideshare company generally offers no coverage. In these cases, the driver's auto insurance policy would be responsible for covering any accidents they cause.


Taking on these different insurance scenarios is challenging, especially when multiple parties are involved in the accident. A car accident lawyer can help you determine which insurance policies apply and pursue compensation from all responsible parties.


Other Potentially Liable Parties


In some rideshare accidents, parties other than the rideshare driver or company may share liability for your injuries. These can include:



  1. Other drivers: In multi-vehicle collisions, another driver in their vehicle may have caused or contributed to the accident through their negligence.

  2. Vehicle manufacturers: If a defective vehicle part, such as faulty brakes or a malfunctioning steering system, contributed to the accident, the manufacturer of that part may be held liable.

  3. Government entities: If poor road conditions or inadequate maintenance of the roadway played a role in the accident, the government entity responsible for maintaining the road may share liability.


All things considered, a car accident lawyer with experience in rideshare accident cases can thoroughly investigate the circumstances surrounding your accident, identify all potentially liable parties, and help you pursue compensation from each of them.


Legal Deadlines and Recoverable Damages


When considering legal action after a rideshare accident, it's important to be aware of the deadlines for filing a lawsuit. In Michigan, the deadline for filing a lawsuit after a rideshare accident is three years from the date of the accident. 


 Car Accident Lawyer


This is established by the statute of limitations for personal injury claims. Missing this deadline can limit your ability to seek compensation through the court system. However, even with this relatively short deadline, many rideshare accident cases can be resolved through settlement negotiations without the need for a trial. 


A skilled attorney will build a strong case on your behalf, presenting evidence of negligence and the full extent of your damages to the insurance companies involved. The substantial liability policies maintained by rideshare companies often provide sufficient coverage to compensate accident victims without requiring a court battle.


Rideshare Recoverable Damages


In a successful rideshare accident case, you may be able to recover damages for:


1.Medical expenses, including current and future costs related to your injuries. Medical expenses for car accident victims can range from $3,000 to $100,000 or more, depending on the severity of the injuries.


2.Lost wages due to time missed from work during your recovery. The average lost wages for car accident victims can vary widely, depending on the individual's occupation and the length of time they are unable to work. It can range from a few thousand dollars to tens of thousands of dollars or more.


3.Reduced earning capacity, if your injuries prevent you from returning to your previous level of employment. The cost of reduced earning capacity can be substantial, potentially amounting to hundreds of thousands of dollars or more over a lifetime, depending on the severity of the injuries and the individual's previous earning potential.


4.Property damage to your vehicle or other personal property. The cost of property damage in car accidents can range from a few hundred dollars for minor repairs to tens of thousands of dollars for severe damage or total vehicle loss.


5.Pain and suffering, both physical and emotional. Pain and suffering damages can vary significantly from case to case, with average amounts ranging from a few thousand dollars to several hundred thousand dollars or more, depending on the severity and duration of the injuries.


6.Emotional distress and mental anguish resulting from the accident and your injuries. Similar to pain and suffering, the average cost of emotional distress and mental anguish can vary widely, potentially ranging from a few thousand dollars to several hundred thousand dollars or more, depending on the individual case.


An experienced attorney will work with you to:



  • identify all of your compensable damages, 

  • gather evidence to support your claim, 

  • and negotiate with insurance companies to secure a fair settlement. 


If necessary, they will be prepared to take your case to trial to fight for the compensation you deserve.


Schedule Your Free Consultation and Win With Goodman Acker PC 



 Car Accident Lawyer


Accidents involving Uber and other rideshare services are stressful, leaving injured victims unsure of their rights and options for recovery. By understanding the factors that affect liability in these cases and working with an experienced personal injury lawyers, you can take on the legal process with confidence and pursue the compensation you need to move forward.


At Goodman Acker P.C., our team of dedicated car accident attorneys has the knowledge and experience necessary to handle even the most difficult rideshare accident cases. Plus, we offer a free consultation to help you understand your rights and explore your legal options. 


Contact us today to schedule your free consultation and take the first step toward protecting your rights and securing your future.


Contact us online, and let us safeguard your rights and future.


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