In a recent study by the University of Illinois Chicago, many rideshare drivers admitted to having been involved in a crash while on the job. While it is difficult to pinpoint all the reasons for these accidents, the research suggests that this trend will likely increase as the rideshare industry continues to grow.
If you are involved in an accident with an Uber or Lyft driver or a passenger and get injured, you may wonder if you can sue the company for damages, including compensation for medical bills.
First, it’s important to note that rideshare drivers are considered independent contractors, not employees. This distinction means that Uber and Lyft do not directly cover drivers under traditional employer insurance policies. However, this does not mean there is no coverage in the event of an accident.
What Is the Transportation Network Company Safety and Regulatory Act?
In 2017, New Jersey passed the Transportation Network Company Safety and Regulatory Act, which sets minimum standards for the operations of rideshare companies and their drivers, including insurance requirements. This law mandates that a driver, the rideshare company, or a combination of the two must provide insurance coverage when a driver is logged into the app, awaiting a ride request, or transporting a passenger. However, the law specifies different coverage requirements depending on the driver’s status:
- When a driver is awaiting a ride (logged into the app but not accepting a ride): The liability insurance for death or bodily injury must be a minimum of $50,000 per person, $100,000 per accident, and $25,000 for property damage. Additionally, personal injury protection benefits and coverage for uninsured and underinsured motorists must be provided for up to $15,000 per person or $30,000 per accident.
- When a driver is providing a prearranged ride: Liability insurance for death, bodily injury, and property damage must be a minimum of $1.5 million, with the same amount of coverage for uninsured and underinsured motorists. While personal injury protection is not provided for passengers, at least $10,000 of the driver’s medical payments must be covered.
What Are the Contributing Factors to Rideshare Accidents?
According to a study published in the Journal of Safety Research, several factors contribute to accidents involving Uber and Lyft drivers, including:
- Distracted Driving: Rideshare drivers frequently use their phones to access information such as pickup and drop-off locations, addresses, and payment details, which can lead to distracted driving.
- Fatigue: Drivers working long hours without adequate rest can be prone to fatigue, which increases the risk of accidents.
- Passengers: Passengers who are overly talkative, overstimulated, or intoxicated can distract drivers and cause them to take their focus off the road.
- Unfamiliarity with Streets: Drivers may be unfamiliar with their driving areas, which can lead to errors and distractions, especially in complicated or accident-prone traffic patterns.
Can Uber or Lyft Be Sued for Negligence?
Rideshare companies can be held liable for accidents if they are found negligent in hiring or retaining drivers. Uber and Lyft are responsible for ensuring their drivers are safe and qualified to operate a vehicle per the law. For instance, if a driver is hired without proper screening or allowed to continue driving while under the influence of drugs or alcohol, the company could be found negligent. Similarly, if a driver exhibits reckless driving behavior and the company fails to take action, Uber or Lyft may be held liable. While this information may not always be publicly available, safety records and other internal data maintained by the company may provide insight.
Get Help from the Monmouth County Uber and Lyft Accident Lawyers at Lombardi & Lombardi, P.A.
If you’ve been involved in an Uber or Lyft accident, it’s important to understand your legal options. The Monmouth County Uber and Lyft car accident lawyers at Lombardi & Lombardi, P.A. can help you navigate the complexities of rideshare accident claims. With years of experience, our attorneys can assist you in determining if a lawsuit is necessary to recover compensation for your injuries. Call 732-906-1500 or fill out our online form for a free consultation. Located in Brick, Freehold, and Edison, New Jersey, we serve clients throughout the state, including Point Pleasant.
