Uber or the Driver: Who is Liable for a Rideshare Accident?
In many cities, ridesharing apps like Lyft and Uber have rendered traditional taxi services obsolete. Although they do make transportation more accessible, they also require drivers to be on the road at all hours throughout the day and night. In South Carolina, several people have been seriously hurt in car accidents involving Uber and Lyft drivers.
As with any other form of a car crash, the injured party in such an incident must establish the defendant’s negligence to recover damages for their injuries. An Uber driver may be held legally responsible for an incident in which they were at fault.
Establishing guilt and blame in e-taxis lawsuits can be complicated by many factors. A rideshare accident lawsuit requires you to find the best rideshare accident lawyers in your area due to the complexity of the cases.
Who is Responsible if a Lyft or Uber Driver Injures You?
Claiming damages after an accident with a Lyft or Uber driver is conditional on the nature of the driver’s employment when the incident occurred. If the rideshare driver were responsible for the mishap, you would typically submit a claim with either the insurance policy held by the rideshare firm or their personal liability insurance plan, as described below:
Although the Driver Had Signed In, No Passenger Had Been Accepted
If a driver has signed up with Uber, they are protected by the company’s insurance policy. Companies offering ridesharing must furnish at least a 50/100/25 risk insurance plan, which means that they will pay out $50,000 per injured person, $100,000 in total injuries, and $25,000 in property destruction for drivers who are alone in a vehicle at the time of an accident.
Whenever an Uber driver is involved in an accident with an uninsured party, the ridesharing business must furnish uninsured road user coverage equal to the state’s mandated 25/50/25 indemnity cover.
Driver Wasn’t Using the App
A driver is assumed to have yet to start working if they have not signed in to the ridesharing app. In the case of a collision, the driver’s motor liability insurance policy would be utilized to pay for damages. All car operators in South Carolina are required by law to carry liability insurance with limits of at least $25,000 per individual wounded or killed, $50,000 for all injuries sustained in a single accident, and $25,000 per incident in terms of property destruction.
A Passenger Has Been Picked Up or Confirmed by the Driver
Third-party insurance coverage of $1 million is provided by Uber when their drivers are engaged in transit operations, such as when they are on their way to pick up passengers. After filing a claim with the driver’s liability insurer, the accident victim can then submit a claim with this insurer. Also, the $1 million insurance policy includes drivers and passengers hurt in collisions with Lyft or Uber vehicles by uninsured motorists.
Under What Circumstances Would Uber Be Held Responsible?
According to the circumstances of the collision and whether or not the driver is a contractor. Uber may have direct or “vicarious culpability” for the incident. To have “vicarious liability” means that one entity (often a company or other organization) must bear responsibility for the activities of another entity, their subordinate. In law, “respondent superior” is an example of “vicarious liability.” The doctrine holds that a company can be held responsible for the actions of its employees in most cases.
It’s still possible that Uber bears some responsibility for the mishap. The ridesharing firm might be held directly accountable for the victim’s injuries if the company’s screening procedures or app usage were negligent.
If ridesharing services fail to vet their drivers adequately, provide adequate training, or keep close tabs on their employees, the companies themselves could face legal consequences. The complainant might sue the ridesharing firm if they believe the company was irresponsible in selecting, training, or supervising the driver.
Regarding legal responsibility, Uber drivers are classified as “independent contractors” rather than employees. The legislation may radically change whether Uber drivers are considered employees or independent contractors in the event of a mishap. Suppose you’ve been injured in an accident with an Uber driver. In that case, you should consult with an attorney specializing in such cases to determine whether the ridesharing service is directly responsible for your damages.