Can I Sue Uber for Emotional Distress After an Accident?

The growth of the rideshare industry has created new issues for insurers and Courts in determining liability for car accident injuries. While an individual would typically pursue a claim against another driver or their insurer after an accident, rideshare drivers are considered employees while on the clock.

If you are wondering whether you can sue Uber for emotional distress after an accident, the answer will depend on the facts and circumstances of your case. A determined Uber accident attorney could assess your case and determine if you have a valid legal claim.

Determining Liability in a Rideshare Accident

Louisiana Civil Code Annotated § 2315 generally holds individuals responsible when their actions cause damages to another person. Understanding liability for emotional distress in rideshare accidents is complex and relies on factors such as whether the driver was giving a ride or merely logged into the app.

Uber drivers must maintain specific minimum amounts of personal insurance coverage, with the company providing a supplemental policy for coverage while a driver is working. When the driver is not working, their personal insurance should cover liability for damage or injuries from an accident.

When a driver is logged into the app and available to work, the company provides supplemental coverage of $50,000 per person, $100,000 per accident for injuries, and $25,000 in property damage per accident. When a driver has a passenger in the car, Uber provides coverage of at least $1 million for property damage and injuries to riders and third parties if the Uber driver is at fault.

If the insurance settlement is insufficient to cover the damages, the injured party may have to file a personal injury lawsuit. Since Uber drivers are considered employees while providing rideshare services, an injured victim could file a claim against the company to recover compensation.

Suing For Emotional Distress After an Uber Accident

Whether Uber is liable for damages from an accident will also depend on the negligence of the rideshare driver. Successfully filing a negligence claim against Uber for emotional distress after a car accident requires a plaintiff to prove that the driver breached a duty of care. Additionally, the breach must have directly caused the plaintiff’s harm and damages.

If an Uber driver was at fault in the accident, an injured victim could have a stronger case in proving that they breached a duty of care to other drivers. For example, evidence that an Uber driver violated traffic laws, like speeding or while intoxicated, could demonstrate a breach of care.

If the injured motorist was also negligent in causing the wreck to happen, their ability to recover damages could be affected under the state’s pure comparative negligence doctrine. La. Civ. Code Ann. § 2323 requires the Court to assign a percentage of responsibility to everyone involved in a civil claim. If the injured party was also responsible for causing the accident or their injuries, the Court will reduce their damages in proportion to their percentage of fault.

Proving Psychological Distress

If the injured person can prove the elements of negligence, they can pursue economic damages to compensate for monetary losses, such as property damage, medical bills, or lost wages from missed work.

The state also allows an individual to seek damages for noneconomic losses that are difficult to assign a dollar value, like emotional distress. To seek compensation for psychological distress after an Uber collision, La. Civ. Code Ann. § 2315.6 stipulates that the injured party must have sustained harm that could reasonably be expected to cause mental anguish.

Further, the injured motorist must show that the emotional distress was severe, debilitating, and predictable. An attorney could discuss the best evidence to help establish emotional distress, such as psychological evaluations and medical records.

Talk With a Lawyer About Suing Uber for Emotional Trauma After a Wreck

Pain and suffering from injuries caused by rideshare accidents can have a drastic impact on your mental health and well-being. If you were recently injured in an Uber accident and have questions about whether you can sue for emotional distress, you should speak with a lawyer immediately.

Reach out to our team today to begin working with a dedicated advocate.