Firouzbakht Law Firm | Colorado Personal Injury Law Firm
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Denver Uber Accident Lawyer

Uber is one of the largest firms in the “gig community.” The company provides services in rideshare drivers, food delivery, and so much more. There are over 78 million users active worldwide each month. Uber (as a company) does not offer the rides themselves but provides the technological platform and dynamic pricing for others to provide the services under the Uber name paying them a percentage of each ride. Many of the services provided take place in the vehicle of the driver for Uber.

If you or a loved one has been injured in an accident involving Uber or Lyft, Firouzbakht Law Firm is your Denver uber accident lawyer. Whether you drove for Uber, were a passenger, or just a third party in the accident – we have the experience to help you receive the compensation needed for your personal injury claim.

Transportation Network Companies (TNC)

A transportation network company (TNC) is what the government calls rideshare companies like Uber and Lyft in legislation. TNCs connect passengers with drivers through an online (smartphone app) platform. There are advantages to these types of services, including creating thousands of jobs through the platform. Despite having benefits, Uber is still full of problematic tendencies, especially how they handle accidents that occur while driving on the road.

Colorado Requirements for TNCs

Under the law, TNCs are exempt from the regulations placed on common carriers, motor carriers, and contract carriers. They must meet certain requirements for operation within the state, including being permitted by the Public Utilities Commission (PUC).

  • All TNCs must file a certificate of insurance with the PUC for at least $1 million of primary liability coverage per occurrence when a network driver has a paying passenger.
  • All drivers must carry their own automobile liability insurance coverage. It must recognize the driver as a TNC driver.
  • TNCs are required, by law, to obtain all criminal history record checks and driving history reports for potential drivers.
  • The TNC must prohibit drivers under 21 years of age and have certain felony convictions or moving violations on their record.
denver uber accidents lawyer

Driver Requirements

Colorado requires that drivers follow these requirements when driving for a TNC:

  • The driver is required to be at least 21 years old.
  • A shift cannot consist of more than 12 hours of consecutive driving in the rideshare vehicle.
  • The vehicle must prominently display exterior markings that indicate a driver-for-hire.
  • Drivers may not accept riders unless matched by the application – hailing is not permitted.
  • Once matched, the driver has to offer service regardless of the passenger's race, ethnicity, gender, gender identity, sexual orientation, religious affiliation, or disability.
  • If a passenger uses mobility equipment, it must be stored in the vehicle for the ride's duration. If unable to accommodate the mobility equipment, the rider must be referred to another driver.
  • Refusal to transport can only occur in situations where the passenger is acting unlawful or disorderly, the passenger cannot care for themselves and are not in the charge of another, or the driver has committed to providing a ride to another passenger.

Failure to follow these requirements could result in a maximum of $550 in civil penalties for the driver.

Uber Insurance Coverage – When Do They Cover?

If you are a rideshare driver for Uber in Denver, you need to understand the insurance coverage that they provide – and when they provide it.. When you turn on the Uber app, the level of coverage you are eligible for depends on what you are doing at the time of the motor vehicle accident. The three scenario levels include:

  1. The app is on, and you are waiting for a ride request – The insurance provided by Uber during this period is only liability coverage that goes into effect, but only if your personal insurance policy does not cover you in that situation.
  2. You have accepted a ride request – You are on your way to pick up a passenger.
  3. You have picked up the passenger – You are currently headed to the destination indicated by the passenger.

If you are in the second or third scenario, you are covered up to $1 million in liability, comprehensive, collision, and un- or underinsured motorist coverages. The second scenario can be a gray area in which Uber may try to deny fault or that you accepted a ride request.

For your own records, it might be worth taking photos every time you accept a ride request. This action could mean the difference of Uber’s insurance carriers covering damages or denying them.

In the moment of fatal crashes, you may not think about taking that screenshot. As a driver, you may be in shock and not even able to process that you need to take the proper steps after the accident. Personal injury attorneys can use this evidence to support the claim of a client.

Other forms of evidence that may be helpful for your incident claim are pictures, witness reports, and other reports made by individuals of law enforcement or insurance companies. Proof of the common injuries you may sustain can help aid your claim as well if you have an experienced attorney who subpoenas your medical records. The better your evidence in your case, the better the chance of receiving compensation for damages.

Injuries to Passengers and Third-Parties

If you are a passenger who has been injured in an Uber vehicle, you are covered by their insurance company. As a passenger, you have the right to expect that you will make it to your destination in a safe manner. If Uber cannot provide this safety, then as a passenger, you should expect compensation from the company and their insurance company for damages sustained for bodily injuries.

The area of Uber’s liability in third-party cases still seems to be limited. Uber and other TNCs, like Lyft, consider their drivers “independent contractors,” not employees. Employers are less responsible for the actions of an independent contractor than they are for an employee.

This means that much more of the fault in an accident can be laid on the Uber or Lyft driver. Uber also uses this defense in lawsuits resulting from a driver not operating during an “officially documented” ride.

When you find yourself at odds with a company like Uber, you need the expertise of a Denver Uber accident lawyer who can help retrieve the compensation for your severe injuries

rideshare accident

Damages in a Denver Uber Accident

The injuries that result from an Uber accident coincide with those that result in a car accident or with driver error. Depending on the severity of the accident, victims may have soft tissue injuries, a traumatic brain injury, spinal cord injuries, or other serious bodily injuries sustained in a crash.. When these types of injuries occur, people are often required to take off work or lose the ability to maintain their livelihood due to accidents. That is where the expertise of a Denver personal injury lawyer can help.. Our lawyers help take on Uber and at-fault drivers, making them the responsible parties they should be in these situations of negligence.

In a personal injury lawsuit, there are two primary types of damages - economic and non-economic. Economic damages are those that can have an amount calculated. Things like medical bills, hospital bills, money for other bills that may pile up due to minor injuries, lost wages, and any other financial losses that can be calculated and shown to the court for fair compensation.

Non-economic losses are the compensatory requests that don't have a dollar about easily assigned to them. Claims for non-economic damages often include pain and suffering, loss of quality of life, the loss of enjoyment of life, and other damages to help with the losses caused by the Denver Uber Driver's carelessness. Financial compensation is just a call away when you hire a Denver rideshare accident attorney.

Settlements

Many times the insurance companies for TNCs like Uber and Lyft will simply settle with the accident victims and their families. Even when filing an insurance claim for damages, they may want to pay you less - which is an unacceptable practice. The company should at the very least offer you a fair settlement, if not a generous settlement. A Denver auto accident lawyer knows the games played by these companies and insurance adjusters, which is why they are the right person to handle your accident claim and negotiate your settlement agreement..

Firouzbakht Law Takes on Rideshare Companies

The Denver lawyers of Firouzbakht Law Firm are well versed in handling common car accident injury claims, including the types of accidents that stem from negligent driving behavior like being under the influence of alcohol, and even distracted drivers like in Uber and Lyft accidents.. Our rideshare accident lawyers look at the police report and accident report, talk to accident reconstruction experts, find witnesses, conduct independent investigations, and discuss your legal options with you.. When you become our client, you gain access to a team that has rideshare knowledge and is dedicated to ensuring you are given the compensation you deserve.

Call today for your free Uber accident consultation or to get your questions answered by a qualified auto accident attorney. We offer services to Denver County, Arapahoe County, Adams County, Jefferson County, Boulder County, and the surrounding areas.

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