Liability in rear-end car accidents isn’t always as straightforward as it may seem, especially when it involves a St. Louis Uber driver.
Rear-end car accidents are probably some of the most common types of collisions there are. Typically, one driver stops the vehicle for whatever reason, and the driver behind collides with it.
In many cases, the vehicle that stopped suddenly is not at fault. As a basic rule there should be enough distance between you and the other car that you can both stop safely. However, when your rear-end accident involves an Uber, things may be a little more complicated.
Who Is Liable in Rear-End Collisions?
Liability is a legal term used to describe the party that is at-fault for a car accident, and therefore responsible for paying damages. In most rear-end collisions, even common sense dictates that the driver in the stopped vehicle isn’t to blame for the collision, as the driver coming from behind should have seen the stopped car and taken proper action to avoid it. There are exceptions to this.
Rear-end collisions often occur because the second driver was not paying attention to the road as they were supposed to. However, the first driver may be found at fault as well, even if just partially.
In Missouri, you have a comparative fault system, which says multiple parties could be liable for the same event. So, you could have the second driver at-fault because they did not see your car in time, even though they had enough chances to, but the first vehicle could be held responsible too.
If your car breaks down in the middle of the road, you have a responsibility to act and remove the car from the path of other drivers, or signal to oncoming drivers they should switch lanes. If you don’t, an argument could be made that you are at least partially responsible for the collision, and while the second driver holds most of the liability, the amount you can recover from the insurance claim can be lowered. As you can imagine, the details of each claim are very unique.
What If Uber Is Involved?
An Uber car accident poses a lot of difficulties to a car accident claim. The first may be figuring out which insurance company to file the claim to. Uber drivers are only protected by the company’s insurance policy when they are active on the app, during a trip, or on their way to pick up a customer. If the Uber driver is off the clock, you’ll need to file a claim with their personal auto insurance carrier.
However, the main point is, you are dealing with the driver, and not the company. Uber itself is generally not liable for car accidents because legally their drivers are not employees, but independent contractors. This means Uber drivers have more freedom to act on their own behalf even while on an official Uber drive.
St. Louis Uber Accident Lawyer
Are you the victim of an Uber car accident? Discuss the details of your claim for FREE with an experienced St. Louis uber accident lawyer at The Hoffmann Law Firm, L.L.C. to ensure that your legal rights, including your right to compensation from the responsible party, are protected.