Uber Passenger Injured in a Maryland Accident
There are countless reasons why you may choose to trust an Uber driver to get you to your destination. You may be exploring Maryland for the first time and not have any other mode of transportation. Your friend may tell you he can give you a ride, only to tell you at the last minute to meet you at the restaurant. You may be going out for the night and know better than to drink and drive. Whatever your reason is, you do not expect to be an Uber passenger injured in a Maryland accident. Yet, Uber accidents happen daily. Fortunately, our Maryland Uber accident lawyers have years of experience handling these matters.
We have been handling Maryland car accident cases since 1954, and Uber accident cases since Uber first came to Maryland in 2009. As a passenger, you may not know how the accident happened. In our experience, many of our clients are unsure of who is at fault. As it turns out, people are less opinionated on fault when they are not the ones getting blamed by the other driver. The good news is if you are an Uber passenger injured in a Maryland accident, you probably will not be blamed for the accident. On the other hand, the drivers may neglect to share their information with you. However, they are required under Maryland law to do so, and we recommend that you request it at the scene and remind them that they are obligated to do so.
For advice for your specific case, contact our office today at (202) 331-7227 for a free case evaluation.
Causes of Uber Passenger Injuries in Maryland
While no driver is likely to blame you for the accident as an Uber passenger injured in a Maryland accident, we still must figure out how the accident happened. This is necessary so we can determine who to sue.
Driver Negligence
Driver negligence can refer to your driver’s negligence causing the accident or a third party. In either event, gather all drivers’ insurance information, vehicle information, name, and address. The most common example of driver negligence is a rear-end accident. This may happen because your Uber driver is fiddling with the Uber app, changing the music in the car, or texting and driving. If your driver rear-ends the vehicle in front of you, you have a claim against your driver.
Conversely, if another car rear-ends your car, sideswipes, t-bones, or hits the vehicle you are in head-on, you have a claim against the other driver. While it is understandable why you would not be paying attention to the road as a passenger, and your view may even be obstructed in the backseat, it is important to understand what is going on as you are a witness whose testimony is valuable at trial.
Unsafe Road Conditions
An Uber passenger may be injured in a Maryland accident because of unsafe road conditions. Unsafe weather conditions may include poorly maintained roads, construction zones, fog reducing visibility, or inclement weather like heavy rain or ice. In any of these instances, your driver’s legal duty changes. Their duty is to behave reasonably prudent under the circumstances. If the circumstances on the road change, they may also be required to change their behavior. Thus, while the speed limit on one Maryland road maybe 35 miles per hour, it is possible that the civil law would require you to drive under that limit if there is heavy snow or ice. While you may not necessarily receive a criminal ticket or fine for this behavior, it can be deemed negligent for a personal injury.
Steps to Take After an Uber Passenger Injury
Every case is different. Below, we outline a guide to refer to if you are an Uber passenger injured in a Maryland accident.
1. Prioritize Safety and Seek Medical Attention
Prioritizing your safety should always be your priority. Your driver may lose their cool and begin to behave recklessly. Your driver is a stranger in nearly all instances, and your ride has ended. Thus, it is best to eventually arrange a new means of traveling to your next destination. If appropriate, seek medical attention. Even if you do not think your injury is that severe, you may have internal bleeding or a head injury that you are not immediately aware of due to the adrenaline from the accident.
2. Document the Scene and Gather Evidence
Because you are the Uber passenger injured in a Maryland accident and not one of the drivers, it is understandable why you may believe you do not need to document the scene and gather evidence. However, that could not be further from the truth. The Uber app does not give you sufficient information on your driver. They may provide your driver’s first name and vehicle’s tag number, but it is up to you to identify their license plate state registration. Further, take photographs of anything you deem relevant to your case.
3. Obtain Insurance Information
This is vital information. While we theoretically sue the negligent driver responsible for your injuries, it is in your interest to first try to settle your case as an Uber passenger injured in a Maryland accident. Not only is it faster than going to trial in Maryland, but it is cost-effective.
4. Report the Accident to Uber
You should report your accident through the app as an Uber passenger injured in a Maryland accident. While they will refund the trip, that is not the main purpose of reporting the accident. Albeit slow, they will eventually provide you with the information we need to pursue a claim against their driver or any other driver in the accident, whoever is at fault.
5. Consult a Maryland Uber Accident Lawyer
An attorney experienced in rideshare accident cases can help you navigate the complexities of Maryland’s negligence laws, deal with insurance companies, and fight for maximum compensation.
Understanding Uber’s Insurance Coverage for Passengers
When you are an Uber passenger injured in a Maryland accident, the insurance for the at-fault vehicle is primary. So, let’s say you own your own car at home with auto insurance. Do you use that coverage to compensate you for your injuries? Probably not. If your Uber driver is at fault, the insurance on his vehicle is primary. Further, if you are a passenger in an Uber vehicle, the driver is probably on the app at the time of the accident. If that is the case, Farmers Insurance is likely the insurer for your case. Farmers Insurance is contractually liable for your damages if your driver is at fault for causing your injuries while operating his vehicle and on an Uber drive.
But what if your driver is not on the app? Let’s say the driver dropped your friend off, so he closed the app, yet he still has to drive another half mile to drop you off. In this instance, Farmers insurance through Uber may no longer apply. Instead, the driver’s personal policy should be active, and Farmers will deny coverage. Determining which policy is active at the time of the accident can be tricky. Moreover, we must determine whether your driver is liable for your injuries.
Speak to a Maryland Uber Accident Lawyer
Call Gelb & Gelb today if you are an Uber passenger injured in a Maryland accident.
We provide free consultation at (202) 331-7227.