Taking an Uber, Lyft, or any other rideshare option, is a popular way to get around. The convenience of summoning a driver through an application on your phone is extremely useful in today’s fast-paced society. However, rideshares are not immune from getting into accidents. They operate under the same amount of risk as every other car on the road. From minor fender benders to crashes resulting in death, accidents happen every day.
Generally, when you think of a rideshare, you think of a driver showing up at the requested address in his or her car. That being said, Uber offers options other than this. There are now Uber vehicles that are autonomous, meaning that they have no drivers at all.
Recently, Uber settled with the family of a crash victim after an autonomous Uber vehicle killed her. While driving for Uber, a Volvo SUV struck Elaine Herzberg, a 49-year-old woman who was walking her bicycle across the road. The SUV’s laser and radar sensors failed to detect Herzberg. According to Fox News, the SUV should have stopped but did not. In addition, a human backup driver in the SUV appeared to look down at the time of the crash. Dash camera video showed the driver looking stunned after the accident.
Autonomous vehicles are still in the testing phase. However, following this crash, Uber voluntarily suspended the testing in Arizona, California, Pittsburgh, and Toronto. Local police, the National Transportation Safety Board, and he National Highway Traffic Safety Administration are investigating the crash. This crash has put a temporary pause on Uber’s autonomous driving program. Companies still have confidence that self-driving units will be useful in the future.
Autonomous Ubers are a recent development. Because of that, little precedent exists to guide people after an accident. Uber’s response to the Herzberg crash could shape how other parties handle similar claims. Although autonomous Ubers are new, courts have addressed more cases involving Uber and other rideshare services. Those cases have helped define how injured people can recover damages after a rideshare accident.
One of the main issues in rideshare accidents is that a driver is often an independent contractor of the company. This means that the individual is not actually an employee of the rideshare service. Instead, they are an independent contractor of the company. If the driver is an independent contractor, a victim of a crash would not be able to sue the rideshare company. Instead, they could sue only the driver.
Additionally, there is no guarantee that insurance of the driver or rideshare company would cover damages from the accident. Policy limitations, or even lack of insurance, can prevent you from recovering for your injury.
If you have been injured in an accident involving an Uber, Lyft, or other rideshare service, the attorneys of Dennis Hernandez Injury Attorneys can help you. Our experienced car accident attorneys will investigate your claim and make sure to use every option available to get you the recovery you deserve. Contact us today for your free consultation.
Image courtesy of Jannes Glas
