According to Uber’s self-reporting to the public, between 2019 and 2021, Uber had 91 fatal incidents resulting in 101 deaths. Approximately 32% of these involved a high-speed vehicle, with impaired driving a leading factor in about 23%. 94% of the accidents were related to third-party drivers.
The people who lost their lives included drivers, Uber riders, 3rd party vehicle operators and passengers, cyclists, and pedestrians.
When it comes to traffic accidents, 99.9% of Uber trips do not end in an incident. But if one does, an individual should seek counsel from an experienced Uber accident attorney in Kansas City. Seasoned, proven representation helps individuals understand the full situation and know their rights as a victim so that they can get the fair compensation they deserve.
Uber Vehicles Are Commercial Vehicles
Uber vehicles may be privately owned, but they are considered “commercial vehicles.” This is an important distinction for the responsibilities of the vehicle owner and the insurers responsible for liability.
What is a commercial vehicle?
A commercial vehicle is defined as any motor vehicle operated for profit, usually involving the transport of goods or passengers. According to the Federal Motor Carrier Safety Administration (FMCSA), there are approximately 7.1 million Uber drivers.
A private owner’s car, when used for Uber transactions, becomes classified as a commercial vehicle.
An Individuals’ Rightful Expectations
Uber has laid out vehicle requirements for their drivers’ personal vehicles, including insurance expectations.
Per their requirements, all vehicles must meet these minimum standards for passenger transport:
- Must have 4 doors and be able to transport a minimum of 4 passengers.
- Vehicle model must be 16 years old or newer.
- Title cannot be salvaged, reconstructed, or rebuilt.
- Rental vehicles, except those from an approved Uber rental car partner, are not permitted.
- Cannot have any cosmetic damage, missing pieces, or commercial branding.
Related topic: The importance of a rideshare injury lawyer in Kansas City for compensation.
When Standards Aren’t Met
Under both state and federal law, transportation providers—whether they are state-operated services, municipalities, or private companies—are classified as “common carriers.” This classification holds them to a higher standard of accountability and subjects them to stringent oversight by various regulatory agencies.
The law generally requires common carriers to exercise the highest degree of care and caution, not only for the safety of their passengers but also for the well-being of other drivers and pedestrians sharing the road. Their obligations extend beyond routine operations and include critical responsibilities which may includes:
- Performing comprehensive background checks.
- Conducting regular drug screenings.
- Providing training and supervision for their drivers.
However, some commercial transportation companies can fail to meet these minimum standards.
To cut costs and increase earnings, or sometimes to “meet demand,” some companies may opt to hire underqualified and poorly trained drivers, sacrificing safety for the bottom line. These drivers may:
- Be overworked.
- Lack the necessary experience.
- Receive only minimal supervision or training.
Any or all of these issues can create dangerous conditions that put everyone on the road at risk. The combination of fatigue, inadequate training, and insufficient oversight can lead to tragic outcomes, including serious injuries and even fatalities.
If companies prioritize financial gain over safety, they can breach legal and moral obligations. The consequences of such negligence can be catastrophic, with individuals suffering life-altering injuries or, in the worst cases, death.
If an individual or their loved one has been injured or killed in a commercial transportation accident, such as an Uber accident, they need legal representation that understands the complexities of these cases. An Uber accident attorney in Kansas City can hold the corporation accountable for any negligence and secure the rightful compensation an individual or their family deserves.
Related topic: Finding the best Lyft accident attorney in Kansas City.
What to Do When an Uber Accident Occurs
An individual should do the following after an Uber accident:
- Call 911. Even if you are not sure whether you are injured, some injuries are not immediately apparent after a crash. It is important to get the medical attention you need.
- Get to safety.
- Wait for help to arrive.
- If you can do so safely, document the scene. Take photographs or videos on your phone of the damage or any evidence that shows what happened. Do not put yourself in danger in order to get good photographs or videos.
- Cooperate with police and medical personnel when they arrive.
- If you are able, exchange insurance information with any other drivers involved.
- If you are injured in the accident, retain a lawyer to discuss your potential claims.
While you focus on recovering, let your Uber accident attorney in Kansas City handle insurance companies.
What Is Said Matters in Court
What happens directly after an accident is admissible in court. Your answers to questions at that time may be used during litigation.
Are You OK?
Uber requires a driver to ensure everyone involved in a crash is “OK” afterwards.
What does “OK” mean? Though the driver asking if you’re OK can be an honest statement of concern for a person’s well-being, an individual saying that they’re “OK” can be construed as an admission of health, and thus non-injury.
A person may not need the driver’s assistance at that moment, but that does not mean they are “OK.”
Never hesitate to admit an injury or pain after an accident. Seek immediate help.
Why shouldn’t an individual say they’re OK if they don’t feel pain?
After a vehicle accident, the body’s natural response is to release adrenaline, a hormone that helps individuals cope with injuries and stay alert in high-stress situations. This adrenaline rush is part of the body’s “fight or flight” response and can temporarily mask pain and other symptoms, leading accident victims to believe they are uninjured when they might not be.
This phenomenon, known as “stress-induced analgesia,” can delay the onset of pain, making it easy to overlook potentially serious injuries.
Delayed Onset Injury
In many cases, pain and other symptoms may not surface until hours, days, or even weeks after the accident. For instance, a person who has been severely jolted in the vehicle during the crash might feel fine at first, only to experience pain and discomfort later.
It is common for injuries like whiplash, soft tissue damage, or even internal injuries to develop over time as the initial effects of adrenaline wear off and the body begins to process the trauma.
Even if an individual walks away from the accident without any visible injuries or immediate discomfort, it is still possible to experience delayed pain. This is why seeking medical attention as soon as possible is critical.
A prompt diagnosis from a doctor can help identify any underlying injuries and prevent them from worsening. Early treatment can alleviate discomfort and reduce the likelihood of long-term complications, such as chronic pain or mobility issues.
Moreover, a thorough medical evaluation can uncover hidden injuries that may not be immediately apparent. For example, numbness, tingling, or a pins-and-needles sensation could be signs of a more serious condition, such as a brain injury or damage to the nervous system. These types of injuries can have long-term, life-altering effects if not properly diagnosed and treated.
In the aftermath of an accident, it’s essential to understand that feeling fine initially doesn’t always mean you are injury-free. Seeking medical attention right away is a critical step in protecting both your health and your legal rights, especially if symptoms arise later that are connected to the accident.
Related topic: Why an individual may need a rideshare accident attorney in Kansas City.
Police Reports
If there are injuries or damage, contact the police and paramedics. Be sure to save the contact information for the responding police officers.
Personal Documentation
If an individual is able to, they should take photos or video of any damage to the vehicles involved. They should also take photos of the accident location, including multiple pictures from different angles to show the full extent of the accident.
Also, the individual should get the contact and insurance information from other involved drivers and riders. This can often be done by photographing insurance cards if nothing is available to take notes with.
While doing this, the individual should remember to:
- Watch their surroundings, as ongoing traffic may cause safety concerns.
- Move carefully and not too quickly. An individual doesn’t know the extent of their physical trauma yet.
Documentation is key to helping an Uber accident attorney in Kansas City protect an individual’s rights.
Uber Cases Can Be Complex
One of the key challenges in Uber accident cases is how these companies classify their drivers. Rideshare companies frequently designate their drivers as independent contractors, which can limit the rideshare company’s direct liability for the actions of the drivers.
Some states may require the driver’s personal insurance to be the first recipient of claims. Companies like Uber and Lyft may also require commercial insurance, which typically offers significantly higher coverage limits.
These large corporations may attempt to deflect responsibility for accidents involving their vehicles by shifting blame to the driver and their personal insurance policy.
A seasoned, professional Uber accident attorney in Kansas City knows that the company’s commercial insurance coverage is typically triggered as soon as a rideshare driver accepts a passenger through the app.
Given the complexities of insurance claims involving Uber accidents, an individual should consult with a lawyer as soon as possible following such an incident.
How Our Firm Helps Uber Accident Victims
Our team has a 40+ year track record of success in representing victims of commercial transportation accidents and their families who have suffered harm due to others’ negligent or reckless conduct. We have specialized knowledge in commercial transportation accident cases, which requires an in-depth understanding of a myriad of local, state, and federal legal principles.
When should I hire an Uber accident attorney?
In Kansas City, it’s wise to consult with an experienced and respected attorney after experiencing an Uber accident that results in injury. By “injury,” we mean when an individual experiences any of the following:
- An accident caused by someone else’s carelessness, negligence, or intentional wrongdoing.
- Physical or emotional harm.
- An accident that was caused by multiple other parties.
- Property loss caused by the Uber accident.
Individuals Protect Their Rights With the Right Lawyers
After an Uber accident, consider working with Bartimus Frickleton Robertson Rader.
Our team understands that your case is your only case. When we represent a client or a family, we devote the time, resources, and experience to achieve the best possible result.
When you choose our law firm, you’ll work with an Uber accident attorney in Kansas City with years of experience handling catastrophic injury cases. Contact us for a consultation at no cost by using our virtual case tool or by calling our office at (913) 266-2300 to speak with one of our team members.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
