Rideshare is becoming increasingly popular, so much so that taxi cab businesses are suffering a financial loss. Rideshare is even prevalent in remote and rural areas. It seems safe, but what happens if the rideshare driver is in a collision with another vehicle? What if the driver is negligent, aggressive, or causes multiple accidents, yet is still out on the road making pickups? Is Uber/Lyft Responsible for Rideshare Driver Negligence? Rideshare drivers are independent contractors; they are not employed directly by Lyft, Uber, or other large rideshare companies. Because of this, Uber/Lyft have tried to shirk from responsibility or liability of their own drivers. However, recent case law has established that in some limited circumstances, rideshare companies can be held liable for the actions of their drivers. If you or a loved one were recently involved in a rideshare car accident and suffered injuries, contact our attorneys at Rocky Mountain Personal Injury Center to review your case.
Vicarious Liability for Independent Contractors
Vicarious liability is a legal concept explaining how an employer is liable for the negligent actions of his employee, if the employee was engaging in the scope of employment at the time of the occurrence. For example, if a delivery driver for a pizza restaurant was texting and driving and the proximate cause of a car accident was his negligence, the plaintiff could bring a claim against the pizza delivery driver and his employer. Employers are required to maintain liability insurance for these purposes. Local and state governments also usually waive sovereign immunity for tort claims such as car accidents between state employees and other drivers.
The caveat with vicarious liability is that the law is unclear regarding independent contractors. Usually respondeat superior only applies in a master-servant or employer-employee relationship. Attorneys have to look to case law and precedent in each state to determine if a claim can be made against an employer for the negligent behavior of their independent contractor. Other cases have settled or are in litigation regarding rideshare company negligence when the driver sexually assaults or otherwise endangers a passenger. In addition, case law in other states is not binding in Utah, Wyoming, or Idaho, but is persuasive authority for plaintiffs to utilize in arguments.
Uber offers optional injury protection insurance for its drivers in several states including Wyoming. The protection insurance covers medical expenses, disability, survivor benefits and accidental death and dismemberment benefits. This coverage is offered to and protects the rideshare driver but is separate from the umbrella coverage Uber maintains for third party plaintiff claims. Lyft also offers rideshare insurance policies for drivers in addition to a driver’s personal auto insurance policy coverage. As you can see, understanding who is liable, who you can bring a claim against, and which policy coverage would be invoked is complicated. Our attorneys can help you to determine what relief you qualify for, depending on the facts of your case.
Recent Developments
Uber maintains a $1 million insurance policy for drivers responsible for collisions. Their liability policy is designed to cover the rideshare driver and passenger in the event of an accident. Even if the rideshare driver was not at fault, the Uber liability policy can be invoked to provide coverage to the passengers. However, it requires the skill of a seasoned personal injury attorney to bring a claim because they and other rideshare companies have gone to great lengths to evade responsibility.
Our lawyers at Rocky Mountain Personal Injury Center know how obstinate insurance companies and the large rideshare companies can be. No matter how large a corporation is or what their policy is on liability, plaintiffs who have suffered injuries at the fault of a negligent defendant driver are entitled to damages and compensation. No case is too complicated for our attorneys to handle.
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If you or a loved one was in a vehicular collision involving a ride-share driver, call 911 and get a police report. The officer may issue a ticket to the at-fault party and the report can be used as evidence in your case. Seek medical attention if you are physically injured. Immediately after an accident, get contact information for both drivers and potential witnesses or passengers. Write down a synopsis of what occurred in your own words. Take pictures of the property damage sustained to both vehicles, and pictures of any physical damage on your person, such as bruises, lacerations or other physical injuries. Also take photos of the scene of the accident, landmarks, and any damage to the road and surrounding area, such as a down tree, damaged light pole, tire marks, pieces of the vehicle on the ground, etc.
After the dust has settled and you are ready to discuss your legal options for recovery, call our litigation attorneys at Rocky Mountain Personal Injury Center. We exclusively represent plaintiffs in Idaho, Wyoming, and Utah, and will zealously pursue your interests in a personal injury claim. Schedule a consultation today.
