Accidents involving an Uber driver can make it difficult to assess liability. The state has implemented various measures to clarify liability in Burbank Uber accidents and transportation network company (TNC) laws.
If you have suffered injuries in a rideshare accident, you should speak to an attorney immediately. Whether you were the driver or a passenger, you may be entitled to file a personal injury lawsuit to recover compensation.
State Laws Regulating Transportation Network Companies
The rising use of ride-hailing services has increased the chances that an accident will involve a rideshare driver. In response, the state has adopted various measures to regulate companies like Uber, which are referred to as TNCs.
TNCs are regulated by the California Public Utilities Commission. They must comply with certain rules involving:
- Licensing
- Periodic reporting
- Insurance coverage
- Driver training obligations
- Driver background checks
Many of these required measures are intended to protect other drivers and rideshare passengers. For example, TNCs must enforce a zero-tolerance policy regarding driving while intoxicated. TNCs must also implement measures addressing accessibility for disabled drivers and the transportation of unaccompanied minors.
Since the rules impacting TNCs for accidents involving Burbank rideshare drivers are rapidly developing, it is important to speak to an attorney as soon as possible after a collision.
Uber Drivers Are Independent Contractors
When a driver or passenger suffers injuries in an Uber accident, the most important question is who bears legal responsibility. While companies in the state are strictly liable for the actions of their employees, it is important to understand that TNCs are not considered employers with respect to their drivers.
In 2020, the state adopted Proposition 22, which classifies drivers working for TNCs as independent contractors. Therefore, it is difficult to pursue compensation directly against a TNC for their driver’s negligence.
Further complicating matters, a rideshare driver’s personal insurance policy may not cover accidents occurring while using the vehicle for a commercial purpose. However, TNCs must provide certain mandatory coverage for drivers while performing rideshare services.
Since insurance proceeds may not adequately compensate an accident victim, the injured party should speak to a Burbank attorney about their ability to file a personal injury lawsuit directly against a TNC to recover damages for Uber accidents.
If a TNC has refused to adhere to mandatory insurance requirements, or otherwise failed a duty of care, an injured victim may still have legal options. For example, a court may find a TNC partially liable for a victim’s injuries if the company did not implement driver training or failed to perform adequate background checks.
Insurance Limits Can Fluctuate
State law requires that TNCs provide insurance coverage for accidents involving Burbank Uber drivers. The required level of insurance is tied to the stage of the trip.
When the driver is logged into the app waiting for a match, the TNC must provide minimum primary insurance coverage of:
- $50,000 for bodily injury or death per person
- $100,000 for bodily injury or death per accident
- $30,000 for property damage
- $200,000 in excess coverage per occurrence
TNCs must also ensure that their drivers have $1 million in commercial insurance coverage when the driver has accepted a ride and is on the way to a passenger, and when the driver is giving a ride with a passenger in the vehicle.
Further, drivers must have $1 million for uninsured or underinsured motorist coverage when a passenger is in the vehicle.
Ask a Burbank Lawyer for Help With Uber Collisions and TNC Laws
Uber accidents can lead to mounting medical bills and other expenses, and the legal landscape for TNCs and the rideshare industry is rapidly developing. If you were injured in a rideshare collision, please contact an attorney for help understanding Burbank Uber accidents and transportation network company (TNC) laws. Our firm is here to help fight on your behalf to recover compensation.