Can I Sue Uber if My Driver Got Into an Accident While Texting?

 Posted on May 16, 2024 in Auto Accidents

As the gig economy exploded in recent years, it gave rise to many legal questions. Are companies like Uber and Lyft responsible for the behavior of their drivers? If a driver gets into an accident, is the driver liable, or is Uber? Are these drivers considered employees or independent contractors?

These questions and others developed into a new area of law called rideshare law. Rideshare law has become increasingly more complex, especially when it comes to personal injuries sustained in a rideshare. Anyone who has suffered such an injury should speak with a personal injury attorney who has experience with rideshare law.

This article will discuss your legal options if you were injured in an accident because your Uber driver was texting, also known as distracted driving.

Can I Sue Uber?

The first question to answer is whether you can sue Uber at all, because:

• Uber drivers are not considered employees of Uber, but rather independent contractors. This means that there is a greater degree of separation between the company and the driver. 

• The car ultimately belongs to the driver, not to Uber.

• The incident could be the driver’s fault, not the company’s.

However, there are certain cases in which an accident or other incident can be blamed on Uber. For this reason, Uber takes out an insurance policy on each driver for up to a million dollars. If you have a claim against Uber, the company’s insurance company may settle with you. Only if your claim exceeds that amount can you then claim damages from Uber.

What if My Driver Was Texting?

If your driver was texting while driving, then your claim would likely be against the driver for negligence. However, you might be able to make a claim against Uber if:

• The driver was underinsured.

• You can prove that the company was negligent. For example, if Uber’s company policy does not include proper checks and training to reasonably ensure that drivers do not drive distractedly, you may have a claim. The same is true if the company has such a policy but did not perform those checks or training with your driver. 

Remember, however, that even if you have a claim against Uber, you will likely seek a settlement with an insurance company. This is where the right rideshare accident attorney can make a huge impact.

Contact a Bensenville, IL Rideshare Injury Lawyer

If you have suffered an injury because your Uber driver was driving distracted, seek out the services of a personal injury attorney who is experienced in rideshare law. Having an aggressive Elmhurst, Illinois rideshare accident attorney in your corner can be a game-changer.

At Kaiser Law, we are highly experienced in rideshare and other forms of personal injury law. We make a point of vigorously defending our clients’ interests, which means we will fight to get you the most compensation possible for your claim. Call 630-274-4400 for a free consultation and to start building your case today.