Who’s at Fault for a Fatal Uber Accident?
A death that occurs in a car accident is always a tragedy. But pursuing compensation and justice for an innocent victim’s death in an auto accident can become more complex when the accident involves an Uber vehicle or was caused by an Uber driver. Options for financial recovery can depend on who was at fault for the accident and what the accident victim’s status was in the accident.
Determining Fault for a Fatal Uber Accident
Even in an Uber accident, the family of an individual who is killed in an auto accident is legally entitled to pursue financial recovery from the party or parties at fault for the accident by filing a wrongful death claim. The party or parties at fault for the accident will be those whose actions or negligence caused the crash. In an Uber accident, the at fault party may be the Uber driver.
Determining fault for an Uber accident (or any other kind of auto accident) requires a thorough investigation that reviews evidence such as:
- Police accident reports
- Accident scene photos and video
- Witness statements
- Logs from vehicle electronic/event data records
- Traffic camera, surveillance camera, or dashcam footage
- Cell phone logs and records
- Post-accident vehicle inspection reports
- Accident reconstruction expert reports
If the evidence points to the Uber driver being at fault for an accident that led to someone else’s death, then Uber and its insurers may have liability for losses arising from the victim’s death.
Liability for Losses Arising from a Fatal Uber Accident
Under New Jersey law, Uber is required to provide insurance coverage for its drivers, which takes effect under certain circumstances. Uber’s liability for a fatal auto accident includes:
- If the driver is not logged into the Uber mobile application: Uber’s insurance coverage does not apply since the driver is not “working” for Uber, and the driver’s own personal auto liability coverage would apply
- If the driver is logged into the mobile app and awaiting a passenger ride request: Uber provides insurance coverage of $50,000 per person/$100,000 per accident of bodily injury liability coverage, plus $25,000 of property damage liability coverage
- If the driver has accepted a passenger ride request, is driving to pick up a passenger, or has a passenger in the vehicle: Uber provides liability insurance coverage of $1.5 million
However, if the Uber driver is ultimately determined not to have been at fault for the accident, then the driver who did cause the accident would have primary liability for the losses arising from an accident victim’s death. But Uber’s insurance coverage may still be triggered if the at-fault driver’s insurance coverage is insufficient to fully compensate the family of the deceased accident victim.
In addition to liability insurance coverage, New Jersey law also requires Uber to provide uninsured/underinsured motorist coverage that protects both the driver and the passenger of the Uber vehicle. Therefore, if an Uber passenger is killed in an auto accident that was caused by another driver, their family may be entitled to pursue compensation under Uber’s UIM insurance coverage.
Contact a Perth Amboy Personal Injury Lawyer to Discuss Your Uber Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to an Uber accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at CourtLaw represent clients injured because of Uber accidents in Hoboken, New Brunswick, Perth Amboy, East Orange, and throughout New Jersey. Call (732) 442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market St., Perth Amboy, NJ 08861, as well as offices in New Brunswick, Roselle, East Orange, Jersey City, Elizabeth, Linden, Newark, Paterson, South Amboy, and Trenton.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
