Special Issues in Uber Injury Cases

In 2024, the ridesharing giant’s revenue grew over 20 percent to a record $12 billion. Usually within three or four hours after a crash, companies with such vast resources hire top-shelf lawyers who, in many cases, charge over $2,000 per hour. To protect Uber’s rights, and also to run up their bills, these lawyers often fight these claims tooth and nail.

Furthermore, these cases are inherently complex. Uber driver crashes and sexual assaults, two of the most common Uber injury incidents, usually cause serious or fatal injuries. Additionally, driver fatigue, which is difficult to prove in court, substantially causes many ride sharing crashes. 

So, a Somerset County personal injury lawyer must pay close attention to the special issues in Uber injury cases. Typically, if a lawyer fails to properly account for these issues, the victim must settle for less than the maximum compensation available under the law. Because Uber crash injuries are so serious, victims need as much money as possible, so they can pay medical bills and other accident-related expenses and move forward with their lives.

Crashes and the Duty of Care

The first special issue in an Uber injury case usually works in favor of victims. Since Uber drivers are common carriers who haul people and/or items for money, they have a higher duty of care.

Most noncommercial drivers have a duty of reasonable care. They must avoid accidents whenever possible and always obey the rules of the road. Most commercial drivers have a duty of utmost care. They must go the extra mile to avoid accidents.

Distracted driving, a serious issue among rideshare drivers, is a good example. All ridesharing drivers depend heavily on GPS navigation devices. In many cases, many noncommercial drivers depend heavily on them as well. 

If a noncommercial driver, with a duty of reasonable care, randomly taps on a device, most jurors would agree that driver didn’t breach the duty of reasonable care. But Uber drivers, who have a duty of utmost care, have a smaller margin for error.

Device use logs are often critical evidence in distracted driver cases. A North Jersey personal injury lawyer must act quickly to preserve this evidence before the tortfeasor (negligent driver) “accidentally” deletes it.

To prevent such an outcome, and preserve all legal options for trial, a lawyer normally sends a spoliation letter to an evidence custodian. This letter must be sent within a few hours of a crash, underscoring the need for an early partnership with a South Jersey personal injury lawyer.

Sexual Assault and the Statute of Limitations

Uber insists that it has a handle on the issue of rampant driver sexual assaults. Company-provided data supports that assertion. But ridesharing companies use a different definition of sexual assault than the one courts use. And in this context, the legal definition of sexual assault is the only one that counts.

Usually, Uber only measures contact sexual assault incidents. Non-contact incidents, such as false imprisonment, constitute sexual assault as well. A Union County personal injury lawyer typically uses the intentional infliction of emotional distress doctrine to obtain compensation in non-contact cases.

As a side note, “intentionally” refers to the conduct, not the result. Uber drivers who don’t let passengers leave may not want to physically harm or emotionally harass the passenger. But since they intentionally lock the doors, the IIED rule applies.

The brain conceals traumatic memories to protect itself. Therefore, often for many years, sexual assault victims suffer from the effects of sexual assault, such as anxiety, depression, and poor body image, without knowing the cause.

Usually, counselors must dig for years before they uncover the source of such symptoms. At that time, the two-year injury statute of limitations has expired. Nevertheless, these victims still have legal options, thanks to the delayed discovery rule.

The two-year countdown does not begin on the date of the accident or tort. Instead, the two-year countdown begins after:

• Victims are fully aware of their injuries, and
• They connect those injuries to a tortfeasor’s (wrongful actor’s) conduct or misconduct.

Assume that, in 2020, Rex leered at Lisa during a ride, kept the door locked so she couldn’t immediately exit the vehicle, called her, and drove by her house several times in the week following the ride. In 2022, Lisa started seeing a counsellor about her depression and anger issues. In 2024, Lisa had a breakthrough session that identified the Uber driver’s non-contact sexual assault as the source of her symptoms.

The two-year countdown began neither in 2020 (date of the tort) nor in 2022 (date symptoms appeared). Instead, the countdown began in 2024 (symptoms and connection). Therefore, Lisa has until 2026 to file a claim.

Removal to Federal Court

Most sports teams have a much higher winning percentage at home. For example, on average, professional soccer teams win two-thirds of their home games and lose most of their road games. 

A motion to remove (transfer) a matter from state court, where it was filed, to federal court is Uber’s way of taking away that home field advantage. In a court of law, home field advantage is not just emotional. Many procedures in federal court favor large defendants, such as Uber, over individual victims.

Uber has such vast financial resources, as mentioned above, that victims need every advantage possible in these cases.

Attention to detail is critical in this area. Federal courts have jurisdiction over complete diversity cases. All the plaintiffs and all the defendants must be residents of different states. If a Union County personal injury lawyer names both the driver and the company as defendants, as opposed to just the company, there’s no complete diversity, and the motion to remove may be laughed out of court.

On a related note, Uber passengers must agree to arbitration as part of the Terms of Service. Usually, a ToS “agreement” is a take-it-or-leave-it contract of adhesion that’s unenforceable in court.

Count on a Savvy Bergen County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Newark, contact CourtLaw. Virtual, home, and hospital visits are available.