Text Us!

Can You Sue Uber For an Accident?

Posted on

Absolutely. In most cases, ridesharing companies are financially responsible for ridesharing damages, according to the respondeat superior doctrine. Companies like Uber can stop most ridesharing accidents before they happen, perhaps by screening drivers more carefully or monitoring them more closely. As a result, South Carolina law holds these companies to a higher standard.

This doctrine also makes ridesharing wrecks very complex. Uber and other large companies have throngs of lawyers that protect their interests. So, you need an assertive Lancaster car accident lawyer on your side. Without a competent attorney, many victims are left to settle their claims for less money than they’re worth.

What Causes Ridesharing Accidents?

Device distraction is the leading cause of ridesharing accidents. All Lyft, Uber, and other ridesharing operators rely on devices for passenger pickup, ride reporting, and driving navigation. This behavior is inherently risky. Using a hands-free device while driving is the equivalent of driving drunk. Such devices cause two kinds of driver distraction: These motorists take their eyes off the road and take their minds off driving.

Operational errors, like speeding or making an illegal turn, also cause a number of serious ridesharing wrecks. Many motorists stray off course and break traffic laws to get back on the right track.

In South Carolina, distracted driving could be negligence per se or ordinary negligence. If the driver sends or reviews a text-based message while driving and causes a wreck, the driver could be liable for damages as a matter of law. In other situations, victims/plaintiffs may use circumstantial evidence, like using a hands-free device, to establish a lack of care.

Third-Party Liability

Most personal auto insurance policies don’t cover commercial losses. Therefore, many Uber drivers in South Carolina are essentially uninsured.

That’s why third-party liability theories like respondeat superior are so important. If the ridesharing company doesn’t assume financial responsibility, the victim could be left holding the bag. Respondeat superior generally applies if the negligent driver was an employee who was working in the scope of employment at the time of the wreck.

State law defines these key terms in broad, victim-friendly terms. For example, although Uber drivers are usually independent contractors for tax purposes, they are normally employees for negligence purposes.

Ridesharing companies are financially responsible for ridesharing accidents. For a free consultation with a Uber accident attorney, contact Elrod Pope Law Firm. Lawyers can connect victims with doctors, even if they have no insurance or money.

FAQs

Is it safe to drive while using a hands-free phone?

No. Drivers who use these gadgets are not fully watching the road or concentrating on driving.

What is ordinary negligence?

Ordinary negligence is basically a lack of care. In SC, commercial drivers have a very high duty of care.

What is negligence per se?

Negligence per se is usually the violation of a safety statute, like speeding. Drivers who violate these laws and cause crashes could be liable for damages as a matter of law.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.