The exit from Uber's service in 2019 has put more and more cars serving as Uber drivers on the streets. Also, the loss of jobs caused by the Coronavirus pandemic has made many Canadian citizens have to work as Uber drivers to feed their families. However, all this generates a drawback: If there are more cars on the roads, the likelihood of accidents occurring is higher. So:
• What must be done to receive compensation in a traffic accident involving an Uber vehicle?
• “Uber is a company but the aggressor vehicle belongs to the driver, so…Who should I sue to receive compensation for my injuries?”
Those two questions will be answered throughout this article.
CIRCUMSTANCES SURROUNDING AN UBER ACCIDENT
An accident involving an Uber vehicle can occur in 3 situations:
• when the Uber driver has the app disabled,
• when it is activated but is waiting for a passenger, and
• when the driver is looking for a passenger or already has one on board
In each of them, the process to be followed to obtain compensation is different, so let's start with the first one.
WHEN THE UBER DRIVER HAS THE APP DISABLED
Suppose the Uber driver stopped working to rest for a while at a coffee shop. However, when he got out of the car, he forgot to put the handbrake on it, the car rolled due to gravity and ended up hitting a pedestrian. Who should the pedestrian sue? Uber or the driver?
In this case, the driver since Uber would not be liable for the damages caused because the driver was not on duty. Therefore, the Uber driver would be sued just as anyone who had committed the same recklessness and did not work for that company would be sued.
WHEN THE DRIVER HAS THE APPLICATION ACTIVATED BUT IS WAITING FOR A PASSENGER
Now suppose the Uber driver is not at fault at all. He was simply on his way to find a passenger, respecting all traffic rules and driving in a civilized manner. However, on the way, a drunk truck driver hits him, leaving him with serious injuries all over his body and with a month of recovery in the hospital.
In this case, the driver would receive partial compensation from Uber insurance, which would go hand in hand with the compensation that would correspond to the driver of the aggressor truck.
WHEN THE DRIVER IS LOOKING FOR A PASSENGER OR ALREADY HAS ONE ON BOARD
In the latter case, Uber would be fully responsible for any injuries that the driver, the passengers, and the car and other material objects may suffer.
BARRIE INJURY LAWYERS WANT TO HELP YOU IF YOU WERE INJURED BY AN UBER VEHICLE
The fact that the number of people who use Uber has increased does not mean that the number of people who remain unfairly injured by these kinds of accidents should also increase.
If you are one of them and you live in the area, contact one of the Barrie injury lawyers. If you do, you will receive fair compensation for the injuries you suffered and enjoy the peace that only good legal advice can provide. To read more Click Here
