Getting damages from an auto accident is never easy, but it is even more complicated when Uber or Lyft are involved. Their “independent contractor” rules often seek to protect these rideshare companies from liability and pin the accident on the driver, making it harder to sue.
When you are hit by a commercial driver, you can often sue their employer if the accident happened within the scope of the driver’s job duties. However, Uber and Lyft say their drivers are contractors, not their employees, blocking this kind of liability. Instead, you need to sue Uber/Lyft for something it did directly, such as negligent hiring or failure to screen a dangerous driver.
For help suing Uber or Lyft after an accident, call our Fort Smith, AR Uber and Lyft accident lawyers at (479) 316-0438.
Can You Sue Uber/Lyft Directly for a Crash in Arkansas?
To be able to sue Uber or Lyft for an accident, you would have to prove that they did something wrong or that one of their employees did something wrong.
Negligence Standard
Most car accident claims are based on “negligence.” This means that one of the parties breached a legal duty, resulting in your injuries. For example, running a stop sign or driving drunk violates the law, and so they would be responsible for a crash they caused while doing so.
Drivers must also act “reasonably” behind the wheel. That same “reasonableness” standard is also applied in other situations.
Vicarious Liability
If an employee commits an act of negligence while acting within the scope of their job, then their employer can be held “vicariously liable” in their place. This principle is known as “respondeat superior.” However, this rule only applies to employer-employee relationships.
Uber and Lyft say that their drivers are independent contractors, which makes them basically self-employed. If that is correct, then you cannot sue Uber/Lyft for what its driver did, only for what the company did in its own right.
If this classification were incorrect and the driver was an employee, you could sue Uber/Lyft for the driver’s negligence.
Other Grounds: Negligent Hiring and Retention
Because of this, we need other grounds to sue the rideshare company. Typically, this means filing a claim for negligent hiring.
This says that the company acted unreasonably when hiring its driver, such as by failing to properly screen them or by hiring a driver they knew/should have known had a history of dangerous driving. The same logic applies when they keep a known dangerous driver on staff.
If that happened, then the rideshare company would be liable for what that dangerous driver did after they put them on the road.
What Steps to Take After an Uber/Lyft Accident
After being involved in a crash in an Uber/Lyft vehicle, take the following steps:
Call 911
Do not assume the rideshare driver is going to do this for you. Call 911, report the accident, and request an ambulance.
Report the Crash in Your App
Your app should also have a way to report the accident. This can help document the crash time, location, driver name, etc.
Get Info
Get the name and contact info for all drivers involved. Also get their insurance info, license plate number, and their car’s make/model.
Again, do not assume the Uber driver will do this for you; take the steps on your own. Also seek the contact info for the responding officers as well as any witnesses to the crash.
Call a Lawyer
From there, you should get a lawyer on your side. You may not know at this time what the driver’s situation is, whether Uber/Lyft failed to screen them, or whether they are even insured properly. Get our Harris, AR Uber/Lyft accident lawyers on your side to prevent any problems and to fight to get you the damages you need.
What is Covered Under Uber/Lyft’s Insurance?
These companies provide insurance coverage for injured riders that could help you.
Typically, these policies cover accidents any time there is a rider in the car. They may have coverage up to $1 million for injuries, but it can be difficult to understand when this coverage kicks in.
You may need to use the driver’s own insurance first, if they have PIP coverage to protect drivers and occupants in their own car. You may also not get access to this coverage if your driver was uninsured – which is something you obviously have no control over.
FAQs for Suing Uber/Lyft in Arkansas
Can You Sue the Driver?
If you can’t actually sue Uber or Lyft, you might still have a case against your driver – or even the driver of the other car if they caused the crash. These drivers also typically have insurance that might cover your injuries.
Can You Sue for Dangerous Vehicles?
Typically, the fact that someone is driving a dangerous vehicle is the driver’s fault, not Uber/Lyft’s. However, it is part of the screening process for hiring a driver to make sure that they have a safe vehicle.
If Uber/Lyft was negligent in screening the driver, they might be directly liable. However, you would likely need to prove they had prior knowledge of the dangerous vehicle and let the driver keep driving.
Does My Driver Have Insurance?
Our lawyers can investigate the case and demand insurance policy information from the driver so we can potentially help you with an insurance claim.
Drivers are required to carry auto insurance in Arkansas, and Uber/Lyft drivers should also have commercial driving insurance. If they didn’t have the right type of insurance, their insurance company might reject your claim.
Does Uber/Lyft Have Insurance?
Both rideshare companies have insurance to cover rider injuries, but it might not cover everything. Talk to a lawyer about what this can cover, what insurance policies cover first, and what you may still need to sue for if they refuse to cover you in full.
Call Our Uber/Lyft Accident Lawyers in Arkansas Today
Call (479) 316-0438 for a free case review with our Johnson, AR Uber and Lyft accident lawyers right away.