Liability for Accidents Caused by a Ride-share Driver
If you are injured in New Jersey by an Uber or Lyft driver, who should be named as defendants in your case? The answer depends on who was responsible in the ride-share accident. The negligent driver is liable for damages and New Jersey law requires that ride-share companies like Lyft and Uber carry liability insurance of $1.5 million. If the Uber or Lyft driver caused the accident, the injury victim would file a lawsuit against the Uber or Lyft driver.
However, because the injured drivers or pedestrians may not know the exact cause of the accident, the injured party will probably name all potential defendants in the case, including the ride-share company, itself. Through the “discovery” process of the lawsuit, it should become more clear which parties are liable for the accident.
If the driver is at fault for the accident, the driver is generally liable for the resulting damages. Damages may be collected from that $1.5 million insurance policy which the law requires the ride-share company to provide to the Lyft or Uber driver. That amount is often sufficient to cover the damages in a case. This may not be so, for example, if there are several passengers in the ride-share vehicle and one or more are seriously hurt.
However, Uber or Lyft could have direct or so-called “vicarious liability” for the accident, depending on the accident and whether the driver is considered an employee. This raises the important question: is Uber responsible for accidents involving its drivers? “Vicarious liability” is where a party (usually a corporation or other business) is liable for the actions of its subordinate. One type of “vicarious liability” is the legal doctrine known as “respondeat superior.” Under that doctrine, an employer is generally liable for its employee’s negligence.
However, Uber and Lyft driver’s are generally considered “independent contractors,” not employers, for liability purposes. The law of whether Uber or Lyft drivers are independent contractors or employees after an accident may change in time. Talk to one of the experienced NJ Lyft and Uber accident lawyers about your case and whether the Uber or Lyft may be directly liable for their driver’s actions.
Is Uber or Lyft Ever Liable?
Possibly. Uber or Lyft could still share some of the liability for the accident. If the ride-share companies acted negligently in how they screen drivers or use their apps, the company may be directly liable for the victim’s injuries.
The ride-share companies could be held directly liable if they failed to properly screen, train, or supervise drivers. The plaintiff could file a lawsuit against the ride-share company based on its negligent hiring, negligent training, or negligent supervision of its driver.
Did you or a loved one sustain serious injuries due to an Uber or Lyft 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 injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, 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 Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
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.