What to Do if You are a Pedestrian Hit by an Uber Driver

Though Uber’s 2017 return to Austin was controversial, many residents have come to depend on the ridesharing service to simplify their commute and provide them with a safe, low-stress substitute to driving themselves. In general, ridesharing companies like Uber have affected city travel in positive ways. These companies let drivers set their own schedules, avoid hefty taxi medallion fees, and take home more money from rider fares. For users, too, the benefits are clear: Uber’s paperless, app-based experience gives riders both increased control over and awareness of wait times, driver reviews, and available routes.

Despite these positive effects, there may be a time when, as an Austin resident, you have to figure out what to do if you are a pedestrian hit by an Uber driver. If you ever find yourself in this position, we encourage you to reach out to the Austin Uber accident attorneys at Carabin Shaw to help you negotiate the complicated insurance claims system surrounding ridesharing accidents.

While Uber settled with the family of pedestrian Elaine Herzberg, who was struck by a self-driving Uber in Tempe, Arizona in March 2018, filing damages against the company is usually more complicated when human drivers are involved. If an Uber driver strikes a pedestrian in Austin, the first order of business is to make sure that all parties are safe and contact the paramedics if necessary. If possible, obtain witnesses’ contact information and try to figure out if the Uber driver was carrying a passenger. Make sure you know the driver’s name. Using this documentation, report the incident to Uber.

If you’ve sustained any injuries and are unsure what to do if you are a pedestrian hit by an Uber driver, contact a lawyer at Carabin Shaw to help advocate for your medical care.

If you are a pedestrian in Austin and have been hit by an Uber, insurance may cover the medical bills or damages you incur, but whether the policy is the at-fault driver’s or Uber’s will depend on the particular situation. Ridesharing companies generally consider drivers “independent contractors, not employees,” which helps limit the company’s liability.

As a result, if an accident occurs and the Uber driver is, indeed, at fault, your attorney would likely serve lawsuit copies on that driver and the insurance company but not the ridesharing company at large. However, it is unlikely that the driver will be able to cover all of your medical bills. Uber has a $1 million liability policy to cover these costs after the driver’s policy reaches its limit, but because the company will want to avoid payment, it is imperative that you document and collate all relevant information pertaining to the accident.

In any case, you have a better chance of receiving the full payment you deserve with an experienced attorney on your side. Because ridesharing is relatively new and both insurance companies and the law are playing catch-up, navigating a case against Uber is particularly challenging. Our skilled lawyers at Carabin Shaw are here to help you figure out what to do if you are a pedestrian hit by an Uber driver in Austin.

When you see an Austin Uber and Lyft accident attorney at Carabin Shaw, expect our immediate dedication, knowledge and care. We do not charge you unless we win your case, and your initial consultation at one of our firms is always free. Our team of lawyers will help you figure out the best course of action for appropriate compensation.

To speak with a lawyer in Austin, call our in-city offices at 512-832-1101 or toll-free at 800-862-1260.