Who’s Legally Responsible for Uber Injuries?
California law imposes important safety responsibility laws on Uber and all other companies. Largely because of these laws, ridesharing companies, like Uber, are normally financially responsible for passenger injuries, whether those injuries were sustained in a car crash or due to a passenger’s or driver’s individual misconduct. The same basic rules apply if an Uber driver injures a pedestrian or someone in another vehicle.
Vicarious liability adds an extra layer to an already complex legal matter, and not just from a strictly legal standpoint. Uber is a wealthy company that can easily afford lawyers who bitterly contest these claims in court. Therefore, only the best Carlsbad Uber accident lawyer can obtain maximum compensation in Uber accident cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Car Crashes
The respondeat superior rule typically applies to Uber driver-related car crash injuries. Employers are legally responsible for negligence damages their employees cause during the course and scope of their employment. Let’s break down these elements individually.
Negligence is basically a lack of care. Since Uber drivers are professional drivers, a higher duty of care applies. Professional drivers usually have a proactive duty of utmost care, as opposed to the reactive duty of reasonable care that applies to most noncommercial drivers.
The duty of reasonable care is reactive because these motorists must avoid accidents when possible. The duty of utmost care is proactive because these motorists must take affirmative steps to prevent accidents.
Driving through an intersection is a good example. Noncommercial motorists may hit the accelerator if the light is green. Commercial motorists must stop, or at least pause and look both ways, before they proceed through an intersection on green.
California law defines “employee” very broadly. If the company has any control over an individual, that individual is an employee for negligence purposes, even if the individual is an independent contractor or unpaid intern for other purposes.
Likewise, California law defines the “scope of employment” as any act that benefits the employer in any way. Transporting a paying passenger clearly benefits Uber. Deadheading drivers who are waiting for fares also benefit the company, because nearby drivers are on standby.
Passenger Injuries
Uber also has a duty to create and maintain safe and secure environments for passengers. This responsibility begins at passenger pickup and ends at passenger drop-off.
Falls and other such injuries are a serious problem for Uber drivers. Many passengers have mobility issues, and many passengers ride at night. Drivers must pick up, and drop off, passengers at safe and secure locations which are well lit. Another location, such as the middle of a block or a back alley, may be more convenient. But safety, not convenience, must come first, even if the passenger requests a drop-off at an unsafe place.
Passenger safety is an even larger issue during rides. Uber’s own statistics indicate that driver sexual assaults are a serious problem. For a Carlsbad personal injury lawyer, sexual assault is a broad category that includes everything from physical assault to false imprisonment (e.g. taking “the scenic route” instead of the direct route or locking doors and refusing to let a passenger leave).
Uber drivers not only have a legal duty to refrain from such conduct. They also have a legal duty to ensure that passengers conduct themselves appropriately. Drivers cannot turn a blind eye to an assault or other situation in the back seat.
Usually, California law dictates that Uber drivers must immediately remove the injury hazard, regardless of who (or what) that hazard might be.
Connect With a Thorough San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
law.cornell.edu/wex/vicarious_liability
