Can You Sue Uber for Wrongful Death?
Yes, you can sue Uber after an Uber accident, but it may be for different reasons than you would sue an Uber driver or Uber drivers.
- When Can You Sue for Wrongful Death?
- Can You Sue the Uber Driver After a Fatal Uber Accident?
- When Can You Sue the Ridesharing Company or Their Insurance Company?
- Can You Sue Uber for Wrongful Death?
- Compensation Available in Wrongful Death Cases
- Cases Involving Uber
- Talk to Our Wrongful Death Auto Accident Attorneys
- Further Resources and Reading
When Can You Sue for Wrongful Death?
Before delving into a fatal Uber vehicle accident, it is important to review the general principles of wrongful death.
This will help you with the basic constructs of this cause of action as well as when you could potentially bring one after an Uber accident.
Wrongful death cases are brought when a person, company, or organization acts in the following way:
- owed a duty of care to the decedent
- breached that duty of care
- and that breach caused the death of the decedent.
These elements must be satisfied in court before plaintiffs can proceed to compensation for the injuries the driver, drivers, or Uber caused. Of course, some of the proceeds can come from Uber's insurance or a related insurance company especially for property damage coverage.
Call now for a free legal consultation in an attorney-client relationship about your rights after a car accident against the Uber driver and if you can sue Uber or their insurance company.
In a free case evaluation from our law firm, we can also review lost wages, property damage, mental anguish, and what else you can recover compensation for those injured in an accident or even multiple accidents.
Can You Sue the Uber Driver After a Fatal Uber Accident?
Many people ask if they can sue Uber drivers or their insurance company after fatal car accidents for wrongful death. They may want to make up for the tremendous sorrow, expense, and injuries involved in the tragic Uber accident.
The general answer is yes. You can sue people driving for Uber after a fatal accident for compensation or insurance liability policy proceeds for these injuries and more.
What you need to show in order to be successful here is how their 1) negligent conduct 2) caused the 3) person's death. You can be sure that the defendant or their insurance carrier will fight each of these points. You need to square them down with your lawyer after the accident.
Most of the time, negligent conduct warranting these cases involves intoxicated driving, speeding, or other unreasonable conduct. Your legal team can investigate exactly what happened at the scene to get these facts down straight.
Contact us for a free consultation from a passionate lawyer about your personal injury or wrongful death case against Uber itself or an Uber driver after an Uber accident. Note, an Uber passenger and other parties involved may be able to bring more than one claim.
We can give you sufficient legal resources if you were hit by an Uber driver or other similar big companies in an accident to go after them or their insurance policy.
When Can You Sue the Ridesharing Company or Their Insurance Company?
Most ridesharing companies categorize their motorists as independent contractors instead of employees. This means that victims cannot sue the actual company most of the time when accidents happen, and they suffer injury or loss.
However, they can sue the business under certain circumstances. Generally, these relate to improper or deficient hiring, screening, or supervising of said independent contractors.
This means that you need to show how this negligent management in some way contributed to or exacerbated the underlying incident. Conversely, it means you probably will not be stating that they actually committed the crash, assault, or other conduct. That will be put on the actual motorist.
Contact us for a free consultation today if you were in a car accident and are actively working and seeking compensation for your injuries from the at fault drivers, driver, or a passenger. We can even help you if you were hit by an Uber in an accident.
Can You Sue Uber for Wrongful Death?
As mentioned above, it will be hard for you to directly claim Uber itself caused the underlying event which led to the crash and death. The company will always point to the driver and to her or her independence as proof positive that it did not cause it, directly.
You need to be more roundabout in your claim. You need to tie its managerial, hiring, or supervisory deficiencies as partially responsible for the ultimate death. This can work. You just need to connect all the dots.
For instance, if Uber did not conduct a background check and notice one of its motorists had several DUIs, and that motorist killed someone while driving drunk, you could potentially argue Uber should be held to account.
The key will be for you and your legal team to tie Uber's mistake to what actually happened.
For a free consultation on how to best do this, contact us and speak to one of our experienced attorneys. We have a long history of working on this type of case and can help you see what you need to do.
Compensation Available in Wrongful Death Cases
The amount and kind of relief and financial compensation available in these lawsuits differs from other kinds of causes of action like personal injury, negligence, products liability, and others.
Of course, it also includes nearly everything else you can get in those cases, including the following:
- Economic Damages: All of the out-of-pocket expenses caused by the incident like medical records requests, healthcare bills, damaged property, lost income, etc.
- Non-Economic Damages: Intangible suffering and harm like disfigurement, disability, lost self-esteem, reduced quality of life, and more.
- Punitive Damages: Awards for reckless conduct in order to punish a defendant such as drunk driving
However, as mentioned, wrongful taking cases also have a category of damages all to their own. This normally includes lost support, lost companionship, pain and suffering.
If you are wondering what you could get from the liable parties, then call our law offices to discuss what you could obtain from the defendants or through insurance.
Cases Involving Uber
Multi-Vehicle Collision and Crash in Chicago
This lawsuit was filed in November 2018. The plaintiffs sued in Cook County, Illinois. They targeted Uber and a delivery company. The incident occurred on an exit off of I-90.
A mother and her daughter hailed a car via Uber. As it went to their destination, a trucker rear-ended them. They sustained multiple personal injuries. Both needed to be transported to local hospitals.
However, doctors deemed their injuries as non-critical. Nevertheless, they have brought suit against Uber and the delivery company. The family claims that both acted negligently and are responsible for the injuries of the mother and child.
Specifically, the plaintiffs cite the defendants with a failure to control their speeds, keep a proper lookout, and avoid the incident. For damages, they claim compensation for their medical, legal, and other losses.
Wrongful Death Case Involving Uber
In June of 2018, an Uber driver shot Hyum Kim. Kim died from his injuries. His family argued that this was the last thing he could have expected as he hopped into the vehicle.
He merely wanted to reach his destination using the ride-hailing mobile app. Uber has policies against the carrying and use of firearms by its drivers. However, the family maintains that the company did not enforce those policies.
They claim it was grossly negligent. If they are successful in this argument, they will be able to sue the company for the intentional acts of the driver.
This means the plaintiffs will be able to get wrongful death damages including lost support and companionship, suffering, and expenses among other things.
Fatal Central Illinois Motorcycle Crash
This recent lawsuit was filed in Sangamon County, Illinois. It began after an Uber driver crashed into a motorcycle. Both the driver and passenger of the bike died. The parents for the passenger sued Uber and the motorcyclist.
The complaint suggested the motorcyclist was speeding. Also, it complained that the Uber driver was distracted by Uber’s mobile app on his phone. In this way, they were able to target the company itself.
The case is for wrongful death. That means the plaintiffs believe the defendants wrongfully caused the death of their loved one.
Further, they think the defendants should pay for the costs, expenses, suffering, and pain that came from that death. In total, they ask for more than $50,000 for these damages.
Schedule a free consultation now with our law offices so you better predict and plan for your case.
Talk to Our Wrongful Death Auto Accident Attorneys
Rosenfeld Injury Lawyers LLC has worked for many families that have lost loved ones in fatal auto wrecks. We make it our mission to work as hard as we can for you because we know the stakes could not be any higher.
Contact us to schedule a no-obligation consultation. We can review your rights under Illinois law and chart the best legal course for you.
Our services are free if we don't get a successful verdict or settlement for you. Find out what that may be by calling us at (888) 424-5757.
Further Resources and Reading