If you are involved in an Uber car accident caused by an intoxicated driver, you may file a claim against them to receive compensation for the damages. Sometimes, you may also pursue a case against the ridesharing company to maximize your payout. However, you will need evidence to demonstrate that their negligence resulted in the crash.
Read on to learn who to sue when an impaired Uber driver hits you in California.
Does Uber Have Guidelines for their Drivers?
Uber is one of the most prominent ridesharing applications that caters to almost everyone globally, reaching 72 countries, including the United States, Australia, Asia, and others. As of the early months of 2023, 130 million registered Uber users are worldwide.
Meanwhile, the United States had 110 million Uber users in 2019 alone. With the growing number of individuals utilizing Uber as a convenient means of transportation, the company imposed several guidelines to ensure the safety of its users.
Driver Requirements
Drivers for Uber go through several requirements to guarantee that they are fit to drive for other people. This includes:
Minimum Requirements
- Age: must meet the minimum age requirement to drive in the designated city. The minimum age varies per area.
- Driving Experience: In the United States, a driver must have at least one year of licensed driving experience. Uber also requires a driver to have three years of licensed driving experience if they are under 25.
- In-State License: must have a valid driver’s license for the state where they intend to drive.
- Vehicle: must have access to an approved four-door vehicle. Uber may have specific vehicle criteria, such as age and condition, that vary depending on area and service type (e.g., UberX, UberXL, Uber Black).
Required Documents
- A valid driver’s license in the United States
- Proof of city, state, or province residency
- If they intend to drive their vehicle, they must provide proof of insurance.
- A valid driver profile photo.
Driver Screening
After signing up, drivers should complete an online screening. It will investigate their driving record and criminal history.
Community Guidelines
Uber also devised community guidelines to help make their clients’ experiences safe, respectful, and positive. This includes:
- Drivers are responsible for knowing and following all applicable laws, including airport rules and regulations and road rules.
- Drivers should not deny a customer if they have service animals or assistive devices, such as a wheelchair or crutches.
- When traveling with newborns and small children, drivers and passengers must follow local rules about child seats. Customers must provide their child seat and should place their children (aged 12 and below) in the rear seat.
- Off-platform pickups are not permitted.
- Drivers are not allowed to drive or bike while intoxicated.
- Drivers should watch for other cyclists, scooters, and pedestrians and be mindful of the road conditions ahead.
- Adults are not permitted to seek a ride for anyone under 18 or to enable them to ride alone.
- Maintain informal and polite interactions with customers, riders, merchants, and others. Asking personal questions or acting aggressively toward others is not appropriate.
- If a client, rider, or merchant contacts the driver for any reason other than the current trip or delivery or to return a misplaced item, the driver should notify Uber immediately.
- No one on the Uber platform should be touched without their expressed permission.
It is crucial to note that, depending on the severity of the violation, breaking these standards may result in the temporary or permanent cancellation of a rider’s or driver’s account. Uber’s community guidelines strive to foster a polite and safe environment for all platform users.
Do Uber Drivers Work for Themselves of the Ridesharing Company?
The employment status of Uber drivers differs in every country. In the United States, Uber drivers are classified as independent contractors.
An independent contractor is a person or business that delivers goods or services to another entity under the terms of a contract or agreement. Unlike an employee, an independent contractor works independently and often has more discretion over their work, including how and when it is completed.
Moreover, California Proposition 22, also known as Prop 22, was a ballot measure approved by California voters during the November 3, 2020, general election. Prop 22, also known as the “App-Based Drivers as Contractors and Labor Policies Initiative,” addressed the designation of app-based transportation and delivery drivers, such as those employed by firms such as Uber, as contractors.
This means that Uber classifies ridesharing and delivery drivers as independent contractors while offering some benefits if they meet work-hours requirements.
How Often Do Uber Car Accidents Happen?
Uber recently released a report highlighting a troubling trend of increased Uber car incidents. The following are the report’s essential statistics:
- From 2019 to 2020, there were 91 Uber-related crashes in the United States.
- In the same documented years, there were 101 Uber automobile accident fatalities.
- A startling increase of 7% between 2017 and 2018 compared to 2019 and 2020 in the United States
- Within the same time frame, there was 6% growth nationally.
These numbers demonstrate that, while Uber and other transportation service providers benefit most people, the safety ramifications of using these ride-hailing services are apparent and should be noted.
When choosing ridesharing applications as a means of transportation, it is best to follow the safety guidelines of the company and the state’s laws to guarantee your safety.
Does Uber Cover Damages from a Car Accident?
Rideshare cars, like ordinary vehicles, have the same potential risks of being involved in car accidents. Fortunately, ride-hailing platforms like Uber provide insurance coverage to cover the costs of these crashes.
If you are involved in an Uber car accident while the driver’s mobile app is activated, you have the following rights:
- Coverage of up to $50,000 for bodily injury per individual.
- Coverage of up to $100,000 for bodily injury per accident.
- Coverage of up to $25,000 for property damage per accident.
Furthermore, if the rideshare driver is on his way to pick you up or you are already in the vehicle, you might be entitled to:
- Coverage of up to $1,000,000 from the third-party auto liability policy.
- Reimbursement if you possess a personal comprehensive and collision policy.
Remember that the ridesharing company’s insurance coverage limits the amount of compensation you can receive in the case of an accident. This is why you are strongly advised to contact an experienced Uber accident lawyer who assesses the total damages and handles negotiations on your behalf.
Who is Liable for an Uber Car Accident with an Impaired Driver in California?
Suppose you are involved in an Uber car accident due to an intoxicated driver’s negligence. You may file a claim against them to receive compensation. In some cases, other entities can also be liable for your crash.
The Intoxicated Uber Driver
In California, driving under the influence of alcohol or drugs is highly prohibited. Several California DUI laws restrict drivers from operating a vehicle while impaired. Vehicle Code 23152 mentions that driving with a BAC of 0.08% or above is illegal. Additionally, driving a commercial motor vehicle while having 0.04 percent or more alcohol by weight in your blood is not permitted.
If the Uber driver hits you and causes injuries and other damages to you and their passengers, they should be held liable for the accident. Generally, negligence in auto crashes can be demonstrated through the following elements:
- The driver was responsible for ensuring everyone’s safety.
- They breached this duty.
- The negligence resulted in a collision.
- The crash caused injuries and damage.
If you can prove these factors, you may be entitled to file a personal injury case against the driver and receive the compensation you deserve.
The Ridesharing Company
In some cases, the ridesharing company can also be responsible for the crash, even if the impaired driver’s actions caused it.
For instance, the driver applied to Uber with a poor driving record. Despite not being able to check their driving credentials and documents, they hired the driver. Eventually, the driver caused your Uber car accident. In this instance, Uber may also be accountable for the collision.
Furthermore, the ridesharing company’s responsibility is on a case-to-case basis. Essentially, you may pursue a personal injury claim against them if you are involved in an Uber car accident under the following circumstances:
- When a driver is online in the Uber app but hasn’t accepted a ride request yet.
- When a driver has received a ride request and is en route to pick up the passenger.
- When a passenger is in the car and the ride is in progress.
It should be emphasized that, depending on the circumstances, Uber may still revoke and refuse to offer compensation. This is why it is advised that you contact an Uber car accident lawyer to assist you in building your case and receiving the total value of your claim.
Other Liable Parties
There are instances where other parties are responsible for the crash, aside from the impaired driver. This can include the following:
- Other negligent drivers: If you are involved in a multi-car crash involving several negligent parties, they all can be accountable for the collision.
- Local agency: If a poorly maintained road also causes an Uber car accident, the government responsible for maintaining the road may be held accountable.
- Vehicle manufacturer: If the crash results from a defective car part, you can pursue a case against the manufacturer or company.
Remember that one or more entities may be involved in a California DUI car accident. It is best to contact an Uber car accident lawyer who can examine the facts of your case and determine the best legal action to take to protect your rights.
What Damages Can I Claim for an Accident with an Intoxicated Uber Driver?
Uber car accident lawyers aim to secure the most substantial compensation for the losses resulting from your accident. While this might seem evident, pursuing claims related to vehicle accidents can be complex, especially if you lack knowledge and experience handling them.
Typically, you may seek compensation for medical expenses and property damage incurred due to the accident. Nonetheless, a car accident lawyer can enhance your potential settlement by exploring all applicable damages relevant to your case, including:
| Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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Furthermore, punitive damages are additional charges the court imposes when the responsible party’s behavior is deemed extremely harsh or malevolent.
While calculating economic damages is simple, determining the worth of non-economic losses can be complicated. California’s best Uber car accident lawyer has the knowledge and experience to estimate and quantify non-monetary damages precisely, ensuring you receive the most financial compensation possible.
Furthermore, these legal professionals can assess your personal injury case and determine whether you are eligible for punitive damages.
What To Do in an Uber Car Accident
If you are involved in an Uber car accident in California, it is advisable to take the following precautions to guarantee your safety and to pursue the appropriate legal proceedings when filing a car accident claim:
- Remain calm.
- Call 911 or contact the nearest California Police Department near you.
- Check to see if you were injured in the crash.
- Seek medical attention right away by dialing the local California hospital near you.
- If you can move, gather evidence at the accident scene, such as the other Uber driver’s contact information, photos of the crash, and witness testimony.
- Cooperate with the police officers.
- Seek legal counsel from an Uber car accident attorney who can assist you in constructing your car accident claim.
Do I Need an Uber Accident Lawyer to Defend My Case?
While seeking compensation from a negligent individual is possible, making the ridesharing company responsible for the crash may be more challenging. The company may insist they aren’t accountable since their drivers are independent contractors.
A California DUI lawyer with knowledge, expertise, and experience in accident claims can assess the facts of your accident, justify liability, and calculate the total damage of the crash. They can also do the following to defend your claim successfully:
- Gather the necessary evidence to establish your case.
- Prove liability.
- Calculate the total damages.
- Negotiate with the insurance company.
- Proceed to a trial if necessary.
Why Choose Jacoby & Meyers as Your Uber Car Accident Lawyer in California?
Jacoby & Meyers’ dedication goes beyond securing substantial settlements; it’s about positively impacting our communities by ensuring injured victims have access to vital medical treatment.
We’ve honed a highly effective legal process to inform you about your rights and ensure you receive the justice you deserve.
Our committed team of legal professionals provides exceptional service through various means:
- Maintaining open and transparent communication throughout your case.
- Negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in arranging appropriate medical treatments as recommended by your doctor.
- Offering support for any other car-related concerns alleviates stress during this challenging period.
- Safeguarding your legal rights by establishing liability, assessing the full extent of damages, and vigorously advocating for your claim.
Our experienced California DUI accident attorneys are here to help, offering a free consultation to provide expert legal guidance. To explore your available legal options, don’t hesitate to contact us at 800-500-0000.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
We are confident in our abilities to deliver a strong defense for our clients. However, we are aware that numerous law firms make similar claims. As a result, we’d prefer to hear from our former clients about their great experiences with our services.
“My son and I had an accident a year ago. We didn’t know what to do, so we hired Jacoby and Meyers. Their team helped us a lot! Tania, Hannah, and Iris were very helpful. I’m happy with the outcome of my case and my settlement. I will recommend you to all my friends and family.”
-Martha
Works Cited
“.” . – YouTube, 2 October 2022, https://www.uber.com/us/en/safety/uber-community-guidelines/follow-law/?uclick_id=b33b4336-ce81-4c50-bdbc-581dc52e5043. Accessed 26 September 2023.
“Driver Insurance in the USA – How It Works.” Uber, https://www.uber.com/us/en/drive/insurance/. Accessed 26 September 2023.
“Driver Requirements in the USA.” Uber, https://www.uber.com/us/en/drive/requirements/. Accessed 26 September 2023.
Gedye, Grace. “Prop. 22 ruling: California measure stands, court says.” CalMatters, 13 March 2023, https://calmatters.org/economy/2023/03/prop-22-appeal/. Accessed 26 September 2023.
guide, step. “How Do Rideshare (Uber and Lyft) Drivers Pay Taxes? – Get It Back.” Tax Outreach, https://www.taxoutreach.org/rideshare/how-do-rideshare-uber-and-lyft-drivers-pay-taxes-2/. Accessed 26 September 2023.
“Independent Contractor Defined | Internal Revenue Service.” IRS, 2 August 2023, https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined. Accessed 26 September 2023.
“Uber’s users of ride-sharing services worldwide 2017-2023.” Statista, 12 May 2023, https://www.statista.com/statistics/833743/us-users-ride-sharing-services/. Accessed 26 September 2023.
“Uber’s US Safety Report.” Uber, https://www.uber.com/us/en/about/reports/us-safety-report/. Accessed 26 September 2023.
“Uber Technologies- statistics & facts.” Statista, 31 August 2023, https://www.statista.com/topics/4826/uber-technologies/#topicOverview. Accessed 26 September 2023.
“Vehicle Code 23152.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152. Accessed 26 September 2023.
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