Can I Sue Uber for an Accident?

Can I sue Uber for an accident? If you are involved in an accident and Uber may be legally responsible, you may have the right to pursue a claim for your losses.

You may be able to pursue a claim against Uber in limited situations when the company’s actions or omissions may have contributed to the accident. There may be other parties you can sue as well. A Lafayette Uber accident lawyer can assist with your case.

Prove Uber Was at Fault

Uber is a rideshare company that uses independent contractors, not employees, to provide rides to and from locations. The company facilitates the relationship between the customer who needs a ride and the driver who can provide it. But Uber is not always responsible for accidents. Uber may be responsible if:

• The driver logged into the Uber app at the time of the accident
• The driver picked up a ride to provide for a paying customer
• The driver was on the way to pick up a customer after accepting the ride request

Insurance coverage may be available through Uber if the driver was logged into the app, en route to a pickup, transporting a passenger, or otherwise engaged in a covered trip at the time of the accident. Liability and available insurance coverage depend on the specific facts of the accident.

Other Parties Were At Fault

In situations where Uber is not directly at fault, you may be able to pursue a lawsuit against those parties involved in the accident. After such an accident, gather the names and contact information for all parties involved, including witnesses. Other parties could be partially or fully to blame for your injuries, including:

• The rideshare driver. The rideshare driver may have liability insurance coverage available. They may be at fault for your injuries and losses. A rideshare driver may be liable if their negligence contributed to the accident.
• Another party. If another car caused the accident with the rideshare vehicle, you may be able to file a lawsuit against that party. For example, if a speeding driver struck the car you were in, they may be responsible for the injuries and losses you have from the accident.
• A third party. In some situations, a city or organization could be responsible for your injuries. There are times when multiple drivers could be at fault.

In every case, your attorney can investigate the circumstances of the accident to determine who may be legally responsible. A Lafayette rideshare accident lawyer will help you better understand your legal rights in any given situation. Every accident involves unique facts that should be carefully evaluated.

Be Involved in an Uber Accident

To sue Uber or any other rideshare company, you must demonstrate that your injuries come from the accident with the driver. In some situations, this can be hard to prove, especially if you have pre-existing conditions or you do not seek medical care immediately after the accident. Some examples of those who may be able to file a lawsuit against Uber include:

• Passengers in the rideshare vehicle
• Pedestrians
• Bicyclists
• Motorcycle riders
• Other passengers or victims in the accident

If you were in one of these roles and were injured in an accident, consider speaking with an attorney to better understand your legal options. Insurance companies evaluate claims based on their policies and procedures. Their role is to investigate and evaluate claims.

Have Proof of All of Your Losses

To pursue a claim, you should be prepared to document your losses and the basis for your claim. Documentation of losses is critical to demonstrating the value and that the losses came directly from the accident. Examples of some of the losses you may have and can file a claim for include:

• Medical costs
• Loss of wages
• Loss of earning capacity
• Pain and suffering
• Emotional trauma and depression
• Loss of quality of life
• Loss of consortium

In each cases, you must establish the legal responsibility of the party or parties you believe caused the accident. That means you must show they stem from the accident you were in and provide documentation that demonstrates those losses to the fullest extent possible.

Meet the Statute of Limitations

In addition to these requirements, you must be able to file a claim for your losses within the state’s statute of limitations. In Louisiana, the statute of limitations for most personal injury cases is two years from the date of the injury (ACT No. 423), allowing time to pursue a claim or file a lawsuit if necessary.

There are several exceptions to this two-year rule. For example, if you are a minor at the time of the accident, the statute of limitations (RS 23:1209) is tolled until your 18th birthday. That means you can still file a claim for the next two years.

If you fail to meet this time requirement, the court will not hear your case. You cannot pursue legal action against those at fault, including Uber. Consider speaking with a Lafayette car accident lawyer about your legal options.

Seek a Legal Consultation to Find Out What Your Rights Are

At Galloway Jefcoat, we provide legal representation to individuals who have been injured in accidents. Contact our office for a free consultation to learn more about your legal options. If we do not win your case, you do not pay for our legal services.