Uber and Lyft Accident

A rideshare accident is a crash that involves virtually any rideshare company, whether that’s Uber, Lyft, or some other variant. The term “crash” is slightly misleading since a rideshare vehicle can cause injuries without actually impacting anyone else on the road. For example, an Uber driver might cut someone else off on the road, causing a “near miss.” This might cause another vehicle to swerve out of the way, crashing into other vehicles or veering off the road.

The real question is what “counts” as a rideshare accident. This is a slightly vague area of the law, and here’s why: Uber and Lyft insist that they cannot be held liable unless their drivers were “on the clock” at the time of the accident. And as you might expect, there are many loopholes and strategies they can exploit to avoid liability. The obvious question is, “When is a driver considered to be “on the clock?”

The obvious answer is that if a driver is not actively engaged in Uber-related services, they are not “on the clock.” A driver who is actively carrying riders becomes an agent or representative of Uber, meaning that any accidents caused under these circumstances can lead to lawsuits against Uber. Rideshare companies may also be held liable for accidents caused by drivers who are “logged in” to the app and awaiting ride requests. Furthermore, the company may be held liable for accidents caused by drivers who are on their way to pick up waiting riders.

With all that said, this general situation is still a gray area in New York’s legal system. It can be difficult to determine whether drivers were truly on the clock in some situations. For example, what happens if a driver pulls into a drive-thru to grab a quick meal while they are responding to a ride request? What happens if they hit a pedestrian while exiting the drive-thru? Are they still considered to be “on the job,” or are they now engaged in a personal errand? This is just one example of when things can get complicated.