Uber accidents are not unusual and often the victims in such accidents are not the Uber driver and their passenger or another car driver, but pedestrians as well. If a pedestrian is hit by an Uber in North Carolina, they definitely should seek advice from a lawyer.
There was even a fatal pedestrian accident that involved an Uber car when the Uber driver hit a woman walking on a crosswalk.
Uber hires independent contractors, so when a pedestrian gets hit by an Uber driver, several things should be kept in mind when seeking a claim for the injuries. You’ll probably want to have one of our Huntersville uber accident attorneys by your side to handle your case.
Some accident practices may not apply to your case
Some practices that often work for other accidents, may not apply for your Uber pedestrian accident. The general rule after an accident is to collect evidence that would help you build your claim. This means you should exchange information with the Uber driver, take their security number, take photos of the accidents (if possible), and gather information from bystanders. If there are surveillance cameras, seek the footage as well.
However, not every accident would let the victim do all these. Pedestrians would probably not be able to do half of these, because of their injuries. Not every pedestrian would be able to get up, walk, talk, and take photos after the hit. Being hit by a car when you have no protection, means getting hit by a huge weight. In many cases, the pedestrians end up dead or unconscious.
So, make sure you don’t worry about this. There will always be witnesses that could tell what they saw on your behalf. Also, your attorney would do their own investigation.
Uber driver’s status and ride period affect your compensation
Pedestrians injured in accidents have a long period of recovery and medical treatments ahead of them.
Seeking the compensation claim is one thing, but whether you will get it is another.
Whether or not you will get your claim would be determined by the Uber driver since Uber only takes responsibility for such accidents when their drivers are in three different periods:
- Period One – Uber app is on, but there is no passenger in the vehicle. Uber drivers are frequently on the road while waiting for a passenger. According to the company, they are not necessarily on the clock when waiting for the passenger. If the driver hits a pedestrian at this time, Uber will only cover the liability. They will not cover anything else, including the driver’s injuries or property damages or injured pedestrians.
- Period Two – Driver en route to pick up a passenger. When the driver is going to pick up a passenger, they are covered by Uber’s insurance. In case the ride is canceled, the is set back in period one and Uber may not cover the accident.
- Period Three – Driving with a passenger. If the driver has already picked up a passenger and is taking them to their destination, they should be covered by Uber’s policy.
Uber drivers get coverage for accident responsibility in each period, including for pedestrian accidents. This can be a complex thing. Let’s say the driver canceled a ride immediately after they hit you, even though they were going pick up a passenger (Period 2). This puts the driver back into Period 1 for liability purposes. A screenshot of the driver’s app or similar evidence can prove that they were en route to pick up a passenger when they hit you.
The amount of compensation the pedestrian is entitled to can change depending on factors like during the period of the accident. These factors make pedestrian accidents involving an Uber car quite complicated personal injury claims.
How to determine liability after an Uber pedestrian accident
Fault and damage responsibility must be determined before Uber’s lager police gets in the picture.
The driver’s history, pedestrian action, and Uber’s hiring methods will be taken into consideration.
Don’t forget that Uber drivers are like any driver out there. They too could end up in an accident and could injure another person.
If this happens to you, you should always seek help from an experienced Uber accident attorney.
Uber’s policy is quite complex and they have created it to protect the company from situations like this. Don’t go in the process alone; it would be complicated and you may end up not getting any claim for your injuries.
Your lawyer would do their own investigation and would make sure you get your deserved compensation claim.
Our team at Harman Law is here to help you. Call and schedule your initial consultation.