Rideshare services like Uber have become a routine part of life for millions of people across New Jersey. Most rides go smoothly, but injuries can and do happen during traffic accidents. They also happen while passengers are getting in or out of a vehicle. Because the circumstances surrounding these injuries can involve multiple parties, knowing who may be responsible is an important first step for anyone who has been hurt.
What Types of Injuries Happen While Entering or Exiting an Uber?
Passengers can suffer a range of injuries while getting into or out of a rideshare vehicle, including slips and falls on wet or uneven surfaces, door-related injuries, and being struck by passing traffic. A driver who stops in an unsafe location, such as a travel lane or a poorly lit area, can create conditions where a passenger is seriously hurt. These incidents can result in broken bones, head trauma, and soft tissue damage, among other conditions.
Who May Be Liable When a Passenger Is Injured Getting In or Out?
The Uber driver may be at fault for stopping in a dangerous location or failing to assist a passenger safely, while a third party, such as another driver, could also bear responsibility if their actions contributed to the injury. Property owners may also be liable if a hazardous condition on their premises played a role.
Does Uber’s Insurance Cover Injuries During Entry and Exit?
Uber maintains insurance coverage that applies during different phases of a trip, and the entry and exit period generally falls within what Uber considers an active ride. When a trip is active, Uber carries up to one million dollars in liability coverage, which may apply to injuries sustained while a passenger is boarding or exiting the vehicle.
What if the Uber Driver Was Negligent?
Driver negligence during passenger entry or exit can take several forms, including stopping in a prohibited zone, opening a door into traffic, or failing to give a passenger adequate time to board or exit safely. Because Uber drivers are classified as independent contractors rather than employees, pursuing compensation generally involves working through Uber’s insurance policy rather than holding the company directly liable as an employer. An attorney can help identify the correct legal strategy based on how the injury occurred.
What if Another Driver Caused the Injury?
When a passing vehicle strikes a passenger who is entering or exiting an Uber, the other driver’s liability insurance becomes relevant. New Jersey follows a no-fault insurance system, which means a passenger’s own Personal Injury Protection coverage may apply first, regardless of who caused the incident. If the injuries are serious enough to meet New Jersey’s verbal threshold for a personal injury claim, a lawsuit against the at-fault driver may also be an option.
What Evidence Is Helpful After This Type of Injury?
Photographs of the scene, the vehicle’s location, and any visible hazards are valuable forms of documentation after a rideshare entry or exit injury. The Uber app retains trip data, including pickup and dropoff locations, times, and driver information, which can support a claim. Witness statements, medical records, and a police report, where one was generated, can also contribute to building a stronger case.
Do Not Let the Insurance Company Decide What Your Injury Is Worth: Our Knowledgeable New Jersey Uber and Lyft Accident Lawyers at Kitrick, McWeeney & Wells, LLC Are Ready to Fight for You
Were you injured during a rideshare trip? We can explain your legal options. Call our New Jersey Uber and Lyft accident lawyers at Kitrick, McWeeney & Wells, LLC at 732-920-8383 or complete our online form today for a free consultation. We have offices in Manasquan and Brick, NJ.