Determining Fault After an Uber Accident in Westlake Village

Recovering from any car accident is overwhelming, but being in a crash with an Uber driver may bring additional complications. For example, determining fault after an Uber accident in Westlake Village could be particularly difficult.

If you have been injured in an Uber accident, contact one of our experienced rideshare collision attorneys at Block LLP today. We could do the work to help recover the compensation you deserve so you can concentrate on recovery. Call today to discuss your case.

Uber Accident Liability

An important factor in allocating liability after an Uber accident in Westlake Village is the Uber driver’s status. Uber’s insurance or the Uber driver’s personal insurance could provide more, less, or no coverage depending on whether the driver had logged into the Uber app when the accident occurred. The three main statuses are: not logged into the Uber app, logged in with no accepted ride, and logged in with an accepted ride.

When an Uber driver is not logged into the app, their personal car insurance could be responsible for covering any damages they may have caused. However, many personal insurance policies do not carry enough coverage to compensate victims for the full cost of injuries caused by a driver logged out of the app at the time of the accident, especially if these are serious injuries.

Under the California Public Utilities Code § 5433(c), Uber’s insurance policy covers any deaths, injuries, or damages sustained while a driver is logged into the app. However, the coverage amounts vary depending on whether the driver has or has not yet accepted a ride.

Other liable parties may include other drivers, pedestrians, or even the government, depending on the circumstances. One of our talented Uber crash attorneys at Block LLP could identify all potentially responsible parties and create a strategy to help you recover the compensation you are due despite the coverage limits of a party’s insurance company.

Liability of Uber Itself

In California, because Uber drivers are independent contractors, Uber’s liability for accidents caused by its drivers may be more limited than that of a traditional employer. However, claimants may be able to hold Uber itself responsible for an accident caused by one of its drivers under a negligent hiring theory. This legal theory posits that an employer is liable for an employee’s conduct if it knew or should have known the employee was unsuitable for the job.

For example, Uber may be liable for damages to a claimant if it knew or should have known that a driver did not have a current California license yet hired them anyway. A member of our Westlake Village team at Block LLP could assess who is at fault after a crash with an Uber driver and identify your potential claims against both the driver and Uber itself.

Damages for Victims of Uber Accidents

Anyone injured in an Uber accident could recover damages for:

• Past and future medical costs, including medication or rehabilitation
• Car repairs and other property damage
• Lost wages
• Diminished future earning potential
• Pain and suffering
• Emotional distress
• Loss of consortium

California is a comparative negligence state, so injured parties may still be able to recover a reduced award if they were partially at fault. If you have been involved in an Uber crash, a Westlake Village injury attorney could help you claim the maximum damages available according to who is at fault in your specific circumstances.

Contact Us for Help Establishing Liability After an Uber Crash in Westlake Village

Determining fault after an Uber accident in Westlake Village could be difficult on your own. Luckily, Block LLP is here to help. Call today for a free consultation with one of our skilled personal injury attorneys.