Which Driver is Responsible?
Uber accidents are becoming more common, and a difficult issue is deciding who’s responsible monetarily for passenger injuries. Is the Uber/Lyft driver at fault? Or is the driver’s company responsible? Which party’s insurance would be liable to pay? What if the Uber/Lyft driver was not on the clock when the accident happened?
Who’s to Blame in Uber Accidents
An investigation is necessary to determine who acted negligently in Uber accidents, as well as all other accidents. If another vehicle hits the taxi/rideshare while you are a riding as a passenger, the insurance of the other driver would be liable for paying for your injuries.
But what would happen if you were in an accident and it was your own driver’s fault? Who would be liable then?
Insurance Liability
Drivers use their own vehicles in taxis and rideshares. And so, according to the law, drivers are required to obtain personal vehicle insurance up to legal limits. If a driver has an accident while not working, their insurance would be the one to cover the cost of damages.
But, taxi companies are responsible for giving insurance to their drivers too. An example would be if the Uber/Lyft driver is on duty at the time of an accident then he or she would be covered by the employer’s insurance. This is true for taxi drivers too: the insurance coverage would be provided by the taxi company for any injuries occurred while on the job, for both the driver and passengers.
Some courts have found that Uber/Lyft drivers should be considered employees, even though they’re more often considered to be independent contractors. Therefore, if you make the choice of pursuing legal action against a taxi driver, under the theory of vicarious liability, the driver’s company might possibly be held liable.
If you were in an accident and were either the driver or a passenger of a taxi, contacting an attorney would be your best choice for getting the maximum amount possible of damages back.
If you have unanswered questions after an accident about filing a claim, hiring an attorney, how much compensation you could receive, or anything else, contact an experienced attorney today.
