Home  >  Posts tagged "uber"

Steps You Should Take if You’re Involved in an Uber Accident

Uber, Lyft, and other ride-sharing services have become widely used in recent years. As a cheaper and more user-friendly alternative to taxi cabs, Uber has become the go-to service for a trip to the airport or a ride home when you’ve had a few drinks. The vast majority of Uber rides will result in arriving at your destination without incident. But what happens if your Uber driver gets into a wreck and you suffer an injury?

Uber and Lyft provide its drivers with third-party liability coverage up to at least $1 million per accident.¹ This means that if your Uber/Lyft driver is at fault, this insurance will cover liability for any damages to a third party such as the passenger. Uber also provides uninsured or underinsured motorist bodily injury coverage to its drivers. This covers any passenger in the vehicle when another driver is at fault, but that driver doesn’t have sufficient insurance coverage for your injuries. This coverage also applies to hit-and-runs where the at-fault driver is never identified.

So, if you are injured during an accident where your driver is at fault in Louisiana, both Uber and Lyft have a policy through the James River Insurance Company that covers your injuries for up to $1 million.² It is important that you contact a lawyer to ensure the proper party is sued.³ You don’t necessarily sue just the at-fault driver. Your lawyer would also send a letter to Uber and your driver instructing them to preserve evidence, requiring them to save all data or information related to your ride.

When another driver is at fault, you would first determine if the other driver’s insurance policy can cover your damages. If your injuries are serious and the other driver’s policy cannot cover the medical costs, then Uber and Lyft both have policies through the James River Insurance Company that could cover you up to $1 million.

If you get into a wreck while in an Uber, here are some recommended steps to follow that will assist your injury claims:

  •     Call 911 and take pictures of the wreck, including the license plates of all vehicles involved.
  •     Take down the names, phone numbers, and email addresses of any potential witnesses to the              crash.
  •     Write down the name of your Uber driver and the other driver.
  •     Take screenshots on your phone of the Uber ride and receipt.
  •     Finally, if you are injured or incur any medical bills, hire an attorney to handle your personal injury        claims.

We understand it might be intimidating to take legal action against a large corporate entity like Uber, but you are not alone. With the help of legal assistance, people hurt by negligent drivers have been successful in recovering damages from Uber and other rideshare companies.

 


[1]https://www.uber.com/drive/insurance/ https://help.lyft.com/hc/en-us/articles/115013080548-Insurance-Policy

[2]https://www.uber.com/newsroom/an-update-on-insurance/

[3]http://time.com/money/4851877/my-uber-got-into-a-wreck-can-i-sue/


What’s Driving Uber’s Pursuit of Driverless Cars?

On March 18th, a self-driving Uber car being tested in Arizona killed a pedestrian. The autonomous Volvo SUV struck a woman crossing the street outside of the crosswalk. There was a driver behind the wheel, but the car was in autonomous mode at the time of the accident. Uber began testing their Volvo SUVs in Arizona in February of last year. Uber is also testing its autonomous fleet in Pittsburgh, San Francisco, Toronto, and Phoenix. After this accident, Uber suspended the self-driving testing in all of these cities.

The economic potential that autonomous vehicles represent has triggered a high-stakes competition between Uber, Google, Apple, Tesla, and major car manufacturers. These massive companies are in a race to be the first to achieve true autonomy, and are throwing loads of money at solving the problem. The company that finds a solution first stands to gain a significant market advantage over everyone still catching up. Truly autonomous vehicles could wipe out the trucking industry, taxi industry, and delivery industry in one fell swoop. Full automation of the $719 billion trucking industry could result in labor cost savings of about $300 billion. Thus, there’s a huge economic incentive for eliminating human drivers.

This heated competition has triggered lawsuits. Google’s Waymo sued Uber, alleging theft of trade secrets. A week into trial, Waymo and Uber reached a settlement, but the lawsuit resulted in some dirty laundry being aired out. The discovery process revealed the internal communications of these companies, shedding light on the mindsets of top executives. A win-at-all-costs mentality and desperation about coming in second was evident between both companies. Emails between Uber executives revealed their desire to “take all the shortcuts we can” because they saw it as “a race we need to win, second place is the first loser.”

Between 2014-2016, about 37,000 people died in car crashes each year. Part of the push for driverless cars and trucks has been increased safety and fatality reduction. Proponents of autonomous vehicles argue that a computer will make far fewer errors than human drivers, considering computers will not get distracted by phones, get tired, get drunk, etc. However, the Waymo-Uber trial inadvertently revealed that Uber’s motivation lies in achieving market dominance.

Additional fatalities are likely to happen as this technology proliferates and becomes more common, but any PR spin from Uber about its commitment to safety may ring hollow due to the short-cut strategy endorsed by its executives. More importantly, Uber will face massive legal liability for wrongful deaths and injuries if plaintiffs show safety concerns were ignored in pursuit of winning the race.

Uber is fully aware of this potential liability. From a cynical perspective, it’s possible that Uber believes the profits they stand to gain from winning will dwarf wrongful death and personal injury losses by so much that shortcuts are worth it. Thus, paying for fatalities and injuries may just be a cost of doing business in Uber’s quest to dominate the autonomous car market.


Alexa and Uber Take the Stand: Your Data as a Witness

Silicon Valley’s amazing technology has made our lives easier. Voice assistants like Amazon’s Alexa can tell us the weather, play our favorite music on command, and add grocery items to our shopping lists. With the tap of a button, we can catch a ride using the Uber app. Countless other products offer similar conveniences and provide greater simplicity to our lives. However, this added convenience comes with strings attached.

By using these products, we generate vast amounts of data. These giant tech companies store that information to improve their products (and their targeted advertising). This data is increasingly entering the crosshairs of law enforcement to investigate and prosecute crimes. By putting enough pieces of your digital footprint together, law enforcement can generate a pretty complete picture of a person’s life.

Law enforcement is relying more and more on digital evidence because of how enlightening (or incriminating) this information can be. Warrants for a cell phone search are commonplace in today’s world, but as Silicon Valley develops newer products, law enforcement sees additional opportunities to gather evidence.

Recently, police in Arkansas turned their sights on an Amazon Echo smart speaker found in a murder suspect’s home. The Amazon Echo has a built-in microphone that is always listening, waiting for the user to issue a command. According to Amazon, the speaker only starts recording once it hears “Alexa.” Amazon stores the recorded commands or questions that follow in a database to improve its voice-recognition accuracy.

Police issued Amazon a search warrant for any data the speaker may have recorded on the night of the murder. Since a judge signed off on the warrant, Amazon became the last line of defense against turning over the data. Amazon refused to grant the request, citing the privacy concerns of its customers.

The murder suspect ultimately granted Amazon his consent to provide the data, moving the resolution of this legal showdown to another day. While Amazon was likely more concerned about future customer’s fear of losing their privacy, the takeaway is that this data may be easily obtainable if the company possessing it complies with the request.

The focus of this case was past data already recorded and stored, but something to consider is the possibility of tapping into the Amazon Echo’s microphone in real time. Law enforcement can obtain judicial authorization for a wiretap of a suspect’s electronic communications. Any internet-connected smart device with a microphone can theoretically be remotely activated without the user knowing, creating a bugging device. On a scarier note, hackers have demonstrated the ability to do this with ease. The average citizen probably has nothing to worry about, but public figures, politicians, journalists, etc. may want to weigh whether the convenience of these devices is worth the privacy risks they pose.

Another recent target of law enforcement has been data generated by Uber riders and drivers. Just as in the Amazon case, a judge approved the subpoena for these records. The likely trend will be that judges grant these requests with regularity. One can imagine these records being requested in a divorce or custody proceeding, revealing a spouse’s habitual Uber rides from the bar or to his or her paramour’s house.

Technology will continue to progress and tech companies will continue to vacuum up more and more data about our daily lives. It’s possible we may never be able to delete that data, or only with varying degrees of difficulty. When enjoying the conveniences of Silicon Valley technology, it must always be assumed a detailed trail will be left behind.

Our Locations

Cazayoux Ewing Law Firm
257 Maximillian St
Baton Rouge, LA 70802
Phone: (225) 650-7400
Fax: (225) 650-7401
Directions

Cazayoux Ewing Law Firm
143 East Main St
New Roads, LA 70760
Phone: (225) 638-3276
Fax: (225) 638-8319
Directions

You Talk, We Listen