In a recent Newport Beach accident in late July of 2018, a driver was killed in a crash with an Uber car after the driver’s vehicle crossed over a raised median. The crash occurred after a possible drunk driver was reportedly driving on that stretch of highway, according to a report received by Newport Beach officers.
It remains to be seen whether drunk driving was involved as the accident investigation unfolds, but the crash ultimately resulted in the death of the driver and injuries for the Uber driver and passenger. Their injuries were deemed serious, but not life-threatening.
Whether or not intoxication is ruled to have played a factor in the crash, the accident is a compelling example of an Uber passenger’s right to compensation when the Uber driver may not have been at fault for the crash.
Pursuing Legal Compensation As an Uber Victim When Another Driver Caused the Accident
Assume, for the sake of argument, that the Uber driver was doing nothing wrong at the time of the accident. This is a fair assumption since the only evidence provided was that a possibly drunk driver’s vehicle jumped the median and led to the crash.
In such a scenario, the Uber driver’s negligence will not factor into the victim’s compensation, but this is not to say the victim cannot be compensated by Uber as well. Suppose, for example, that the deceased driver was at fault for the accident but was uninsured (thereby violating California law). In such a scenario, the accident victim could be protected by the rideshare company’s uninsured motorist coverage of up to $1,000,000.
In the event that the other driver’s insurance is sufficient to compensate a victim for their injuries, however, an accident victim may pursue compensation by filing a legal claim with that driver’s insurance company.
In most cases, then, this is a reminder that accident victims can almost always receive compensation after an Uber accident, regardless of who is at fault or whether all parties are properly insured. There is a rare exception to this general rule, however.
If an accident victim’s own negligence contributes to or causes the accident, legal compensation may be reduced. California is a comparative negligence state, meaning a victim’s compensation can be reduced by their proportion of legal fault. It would be rare, albeit not impossible, for an Uber passenger to negligently contribute to their own accident.
Such an example could occur, however, if the victim was drunk and unruly in a manner that distracted the driver and, therefore, helped cause the accident.
Talk to the Ledger Law Firm After a Newport Beach Ridesharing Accident
For more information about your legal right to compensation after an Uber accident, it is important to discuss the facts of your legal claim with an Uber accident lawyer in Newport Beach. At The Ledger Law Firm, our nationally recognized personal injury firm has helped Newport Beach accident victims recover the compensation that is owed to them after ridesharing accidents.
Contact us online for a free case evaluation to discuss your case and right to compensation with a Newport Beach Uber accident lawyer at Ledger Law today.
