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Ridesharing has become a popular mode of transportation in Oklahoma and cities across the U.S., but it does come with risks, including the possibility of being injured in a collision.
The gray area between a privately owned automobile and a publicly-traded rideshare company can complicate the process of seeking compensation in the event of an accident. For example, do you sue Uber, or do you sue the driver? What if you were riding in an Uber vehicle that was hit by another motorist? How can you get the compensation you deserve?me
If you or a loved one were injured in an Oklahoma Uber accident, contact the legal team at Edwards & Patterson Law. Navigating any car accident claim can be difficult, let alone an Uber car accident claim, given the many potentially liable parties and complex insurance structures. However, an attorney at our firm can help prepare your claim and negotiate on your behalf, giving you a better chance at recovering the full and fair compensation you deserve.
Our Oklahoma rideshare accident attorneys are prepared to discuss your case with you in detail at absolutely no cost to you. We will review your situation and discuss all your legal options. Contact a personal injury attorney at the law offices of Edwards & Patterson Law today.
What Happens If You Are Injured in an Uber in Oklahoma?
Being involved in an accident can be shocking, especially when you aren’t the one driving. You trust your Uber driver to get you where you are going safely. When that doesn’t happen, you can be placed in a frightening and vulnerable position. You may not know what to do next.
After a collision, you may have several options for seeking compensation for your injuries. Which avenue you can pursue depends on who is at fault for the accident. In general, you may be able to pursue compensation from any one of the following:
- Uber
- The Uber driver
- Another at-fault driver or third-party
In most cases, you would not actually sue the at-fault party but would instead make a claim against their insurance policy. However, there are certain circumstances in which you could sue any of the above parties.
Before taking any action, it is in your best interest to talk to a skilled Oklahoma Uber car accident attorney first. At Edwards & Patterson Law, we can review the details of your crash and advise you on your legal options for pursuing the money you need.
Can You Sue Uber for Getting in a Car Accident in Oklahoma?
Yes, you can attempt to sue Uber after a collision in some instances. Large companies such as Uber are extremely good at protecting themselves from lawsuits and have teams of lawyers ready to challenge the validity of car accident cases. However, in most cases, you would not sue Uber to get the compensation you need but would instead make a claim against their insurance policy.
One of the circumstances where it may be appropriate to sue Uber is when the company hires a negligent driver. Uber generally has a responsibility to ensure that all its drivers are competent and legally allowed to operate a motor vehicle. If for any reason, the company fails to vet a driver, they could potentially be held responsible for damages resulting from a crash.
What Type of Insurance Coverage Does Uber Provide?
Uber provides its drivers with insurance coverage, though the driver’s status at the time of the incident dictates whether this policy is active. Here is how the company’s insurance coverage works:
- When the Uber driver is offline – An Uber driver is considered offline when they are not logged in to the Uber ridesharing app. If the driver is not logged in when a crash occurs, Uber’s insurance will not cover the damage. If you are hit by an offline Uber driver, you would seek compensation from the driver’s car insurance policy.
- When the Uber driver is online and waiting for a request – This describes a driver who has the Uber app active but has not yet accepted any driving assignments. Uber offers contingent liability coverage if an accident occurs during this stage, with the following limits:
- $50,000 in bodily injury per person
- $100,000 in bodily injury per accident
- $25,000 in property damage per accident
Uber does not cover the losses a driver suffers under these circumstances. When a driver is offline or online and waiting for a request, their personal auto insurance coverage is generally considered their primary coverage.
- When the Uber driver is online and driving to the pickup location – At this point, a driver is online in the app, they have accepted a ride request, and they are on their way to pick up their fare. If an accident happens at this stage, Uber’s full liability coverage will apply. This coverage includes:
- $1 million third-party liability
- Uninsured/underinsured motorist (UM/UIM) bodily injury coverage
- Contingent collision and comprehensive collision coverage
- When the Uber driver is online and transporting passengers to their destination – An Uber driver who has picked up passengers and is driving them to their destination receives the same coverage as a driver who is en route for pickup.
What Type of Compensation Can I Seek in an Oklahoma Uber Accident?
The amount of compensation you may be owed after an Uber accident will depend on the nature of your injuries and the cause of the accident. Generally, someone who has been injured in a collision caused by an Uber driver may be able to recover compensation for loss, including:
- Medical expenses
- Lost income
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage
To best assess the value of your Uber claim, talk to a knowledgeable Oklahoma Uber accident attorney.
How Do You Determine Liability When Filing a Lawsuit Against an Uber Driver?
Determining who’s liable for an accident involving an Uber driver requires a careful investigation into the facts of the case. This includes examining the actions of the Uber driver, such as any potential violations of traffic laws, distracted driving, or other negligent behaviors. An investigation might involve reviewing evidence like the following:
- Driver’s status on the Uber app – A review of app data could show whether the driver was logged into the Uber app and whether they were waiting for a ride request, en route to pick up a passenger, or on a trip.
- Police accident report – This official report can provide an unbiased account of the incident, noting any traffic violations, witness statements, and the responding officer’s assessment of fault.
- Witness statements – Testimonies from bystanders or other motorists who witnessed the accident can provide additional perspectives on how the incident occurred.
- Dashcam footage – Video from dashboard cameras, either from the involved vehicles or nearby cars, might have visually documented the accident.
- Traffic cameras and surveillance footage – Nearby traffic or security cameras might also have captured the accident as it occurred, providing additional context.
- Driver’s driving history – The driving records of the Uber driver could establish a history of unsafe behavior, including past accidents and traffic violations.
- Vehicle damage reports – Detailed descriptions or assessments of the damage to the vehicles involved can help reconstruct the accident and suggest who was at fault.
Remember, Uber classifies its drivers as contractors, protecting it from employer liability in most cases. Still, it maintains insurance policies for its drivers, which activate under certain circumstances. That means it’s crucial to establish the status of the Uber driver at the time of the incident. Liability might differ depending on whether the driver was logged into the Uber app and whether they were carrying a passenger or on their way to pick one up.
Under What Circumstances Could the Uber Driver Be Liable for the Collision?
The Uber driver is directly responsible for the safe operation of their vehicle. Any mistakes they make behind the wheel could make them liable for an accident. Here are a few scenarios where the Uber driver might be responsible:
- Distracted driving – Uber drivers are often on their phones to find fares and get driving instructions, which could distract them from what they should be paying attention to. Anything that takes the driver’s attention away from the road is considered a distraction.
- Failing to obey traffic laws – Traffic laws exist for a reason, and violating them could make a driver liable for an accident. A driver who runs stop signs, tailgates, weaves through traffic, or exhibits other types of reckless driving is not obeying local traffic laws.
- Driving under the influence – It is illegal to operate a motor vehicle while impaired by drugs or alcohol. A driver under the influence will suffer from impaired judgment and reaction times, increasing the risk of an accident.
In legal terms, negligence means the other person failed to exercise reasonable care and harmed another person. An Oklahoma Uber accident attorney understands how to prove negligence to hold at-fault rideshare drivers liable for the damage they cause.
How Can Comparative Negligence Apply in Uber Accidents?
Fault is not always simple. In many instances, multiple parties bear some responsibility for an accident. That’s why Oklahoma has a comparative negligence law that addresses instances where more than one person is to blame for a collision. If you’re in an accident with an Uber driver and you were partially at fault, you may still be eligible for compensation as long as you are not more at fault than other involved parties.
If you are found to be somewhat at fault under Oklahoma’s comparative negligence laws, your compensation will be adjusted to reflect the percentage of your fault. For example, let’s say you were awarded $60,000 in compensation but were found to be 20 percent at fault because you failed to signal a turn. In this case, your settlement would be decreased by $12,000. That’s 20 percent of the $60,000, leaving you with $48,000.
Does Oklahoma Have a Statute of Limitations for Filing an Uber Accident Lawsuit?
In Oklahoma, you have two years to file a personal injury lawsuit against Uber or an Uber driver. If you try to file after this deadline, the court will probably dismiss your case, and you won’t be able to pursue any compensation for your injuries. While there are some exceptions to this rule, it’s safest to act fast rather than risk your right to recovery. Get in touch with an Uber accident lawyer immediately to start pursuing your claim.
What to Do After an Accident with an Uber Driver
If you’re ever in an accident with an Uber driver, there are some steps you can take at the scene to protect your rights and seek fair compensation:
- Since the other driver is working for Uber, call the police so you will have a comprehensive accident report.
- Use your smartphone to take pictures of the cars before they are moved.
- Get the Uber driver’s name and contact information. Take a photo of their license, car registration, and auto insurance card.
- Get the contact information for any witnesses.
- Document the location, weather conditions, and time of day. Your phone can timestamp that information.
- Contact Uber to report the accident.
What you do in the coming days and months is just as important to your health and your ability to pursue fair compensation. Here’s what to do:
- Seek medical attention to treat any injuries you may have suffered and connect them with the accident.
- Do not discuss the accident on social media or with anyone outside your immediate family until you’ve spoken with a lawyer.
- Gather the evidence you were able to collect at the scene in a file. Add to it your medical records, proof of lost wages if you miss work, and other expenses.
Lastly, and perhaps most importantly, schedule a free consultation with an Uber accident lawyer in Oklahoma and bring your evidence file to the meeting. You could be owed money, and the sooner you act, the more effectively you can pursue it.
Get Help from Our Uber Accident Lawyers in Oklahoma Now
The complex nature of Uber’s insurance coverages means that getting full compensation can be difficult without experienced legal guidance. Remove the stress of navigating Uber’s insurance system and talk to an Oklahoma Uber car accident attorney with Edwards & Patterson Law.
To discuss your legal options, contact our office now. We offer Uber car accident victims a free and confidential consultation.
