Car Accidents: Uber

By Thomas R. Smith

With one tap of a smart phone app, Uber is forever changing the taxi business as well as the way people commute. The rise of Uber, and other ride-sharing services offer convenience and savings for riders while creating new work opportunities for drivers. However, these services are not problem-proof and with them come a number of legal questions and concerns – specifically liability for car accidents.

Uber and other ride-sharing companies make it clear that they aren’t in the transportation business but instead are technology services that simply connect riders and drivers. The drivers are independent third parties; therefore the rider accepts ALL risk, as clearly stated in the Uber terms and conditions:
“By using the services, you acknowledge that you may be exposed to situations involving third party providers that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable,” Uber states, and “that using the services is at your own risk and judgment. Uber shall not have any liability …” The Uber contract also includes a forced arbitration clause, which greatly limits an individual’s right to take the company to court.

Additionally, Uber drivers typically don’t meet the same licensing and inspection requirements that apply to traditional taxi and limousine services.  According to the company’s safety page, Uber drivers are required to undergo rigorous background checks. The company also provides insurance for its drivers; although gray areas exist that raise serious concerns about whether or not Uber’s insurance would apply in certain situations.

Like many new and groundbreaking business models, Uber has clearly created great opportunities and challenges that previously didn’t exist. Uber car accidents can be particularly complicated. If you’ve been injured in an accident with a ride-share driver, or as a ride-share passenger, contact one of our personal injury attorneys at 800-432-LAWS (5297) to discuss your case.

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