If an Uber driver hits you while you are walking, prioritize medical care, report the collision, document the scene, and preserve evidence that identifies the driver and establishes what happened.
You may be able to pursue compensation for medical expenses, lost income, pain and suffering, and other losses if the driver or another responsible party caused the crash.
A collision involving a rideshare driver may also involve app records, commercial insurance questions, and multiple potentially responsible parties. Get in touch with an experienced legal professional; there are many out there helping car accident victims pursue the evidence and support they need after an unexpected injury.
Here’s what to do after the accident and how to protect your legal rights:
Get Medical Attention and Report the Collision
Your health should come first after being struck by a vehicle. Call emergency services if you have severe pain, head trauma, heavy bleeding, difficulty moving, or other urgent symptoms. Even if you initially feel fine, seek medical evaluation because some injuries may not become apparent immediately.
Report the collision to the appropriate authorities, particularly if anyone is injured. Provide accurate information about what happened and request details about obtaining the incident report.
If you can do so safely, record the vehicle’s license plate, make and model, the driver’s name, and insurance information. If the driver was using Uber, note whether the app appeared active and whether the driver said they were carrying a passenger or heading to a pickup.
Preserve Evidence from the Scene
Evidence can help explain how the collision occurred and who may be responsible. If your condition allows, photograph the vehicle, the location of the impact, nearby traffic signals, crosswalk markings, road conditions, and visible injuries.
Collect contact information from witnesses who saw the collision. Keep copies of medical records, prescriptions, treatment bills, and receipts for related expenses. A record of missed work and changes to your daily activities can also help demonstrate the effect of the injury.
Determine Whether Uber’s Insurance May Apply
Insurance coverage may depend on what the driver was doing through the app when the crash occurred. A driver who was not logged into the platform may be covered primarily by personal auto insurance.
Different coverage may apply when the driver is waiting for a ride request, traveling to pick up a passenger, or transporting a passenger.
The precise coverage available depends on the circumstances, applicable insurance terms, and state law. Uber’s involvement does not automatically mean the company is liable for every collision involving one of its drivers.
For example, New York Vehicle and Traffic Law § 1146 requires drivers to exercise due care to avoid colliding with pedestrians and other road users. The law may be relevant to a pedestrian collision in New York, but the legal rules governing a crash elsewhere can differ.
Establish Who Caused the Accident
A pedestrian injury claim generally requires evidence that another party’s conduct caused the collision and resulting harm. Investigators may examine driver speed, visibility, traffic signals, turning movements, crosswalk use, and whether the driver was distracted.
Evidence may also help establish whether a pedestrian signal was active or whether the driver failed to yield when required. Liability depends on the facts, and an insurer may argue that more than one party contributed to the crash.
Avoid speculating about fault when speaking with insurers. Provide accurate information and preserve evidence rather than making assumptions about what caused the collision.
Understand the Compensation You May Seek
Depending on the applicable law and available evidence, compensation may include emergency treatment, hospital expenses, rehabilitation, lost wages, reduced earning capacity, and pain and suffering.
The value of a claim depends on the severity of the injuries, the recovery period, future treatment needs, and the strength of the evidence. Serious injuries may require long-term medical care or affect a person’s ability to work and perform everyday tasks.
Before accepting a settlement, consider whether the offer accounts for your documented losses and any reasonably anticipated treatment. Once a settlement is finalized, obtaining additional compensation may be difficult or impossible.
Key Takeaways
- Seek medical care after being struck by an Uber driver.
- Record driver, vehicle, witness, and insurance details.
- Preserve photographs, video footage, and medical records.
- Insurance coverage may depend on the driver’s app status.
- Liability and compensation depend on the evidence and applicable law.