Pedestrian Hit By An Uber Driver
A pedestrian is a person who travels on foot, especially in an urban environment. But what happens when the pedestrian is hit by an Uber driver? Pedestrian rights differ depending on where you live and what kind of vehicle struck them. We know the most common cause of a pedestrian getting hit is distracted driving, which is all too common with Uber drivers since they are constantly looking at their phones for directions.
What To Do If You Are A Pedestrian Who Has Been Hit By An Uber Driver
If you have been hit by an Uber driver, the first thing you should do is call 911. Having the proper authorities at the scene as quickly as possible should be your first goal. After that, you should:
Take photos of the scene from different angles.
This is important to document the scene as thoroughly as possible. Your memory will naturally fade, but photos will show the specifics your memory may have missed. Cell phone photos are fine for this, just take as many from different angles as possible to truly document the scene. If you end up filing a claim you will be able to use these photos to show how the accident happened and recreate the scene.
Get the contact information of any witnesses.
Witnesses of the scene will be able to testify against the driver if they were acting negligently. Generally in pedestrian accidents a witness is not needed given the pedestrians rights (which we will further discuss later), but it never hurts to have an eye witness. If the Uber driver has a passenger, you may want to ask them as they can actually recreate the scene inside the Uber while it struck you.
Go to the hospital to get checked out.
Even if you don’t think you’re injured it's a good idea to get looked at. Some injuries, like concussions, may not present themselves until days or weeks after the accident. The hospital will also be a proof of evidence of your immediate injuries after an accident.
Contact an Uber accident lawyer.
A lawyer who specializes in rideshare cases will have a unique advantage against Uber drivers. Because Uber drivers operate as independent contractors, the insurance laws get confusing. But an experienced Uber accident lawyer will know who to go after and what to show to maximize the settlement amount offered.
The Most Common Reasons Pedestrians Are Hit By Uber Drivers
The most common reason pedestrians are hit by Uber drivers is distracted driving. This means that the driver was not paying attention to the road and looking at their phone for directions. Other reasons include:
- Driving under the influence
- Reckless driving
- Not yielding to pedestrians in crosswalks
- Running red lights or stop signs
What Are Pedestrian Rights If They Are Hit By An Uber Driver?
Pedestrian rights differ depending on where you live, but there are some general things that all victims of pedestrian accidents should do. First, after you tend to your injuries, is take photos of the scene. In most cases against a driver, pedestrians win because pedestrians have greater rights than motor vehicles. You will want to showcase how the accident happened and where you were struck is a big part in proving liability.
Pedestrians have the right to cross the street in a crosswalk, and vehicles must stop to let them pass. If an Uber driver hits a pedestrian in a crosswalk, they are almost always held liable. The only exception is if the pedestrian was not following the rules of the road and darting out into traffic.
If you or someone you know has been hit by an Uber driver, it’s important to contact a pedestrian accident lawyer to discuss your case and see what legal options are available to you.
How Uber Cases Are Different
Uber cases are different because Uber drivers are considered independent contractors, not employees of Uber. This means that Uber is not liable for their actions. However, Uber does have insurance that covers accidents caused by their drivers. If you are hit by an Uber driver, you should file a claim with their insurance company.