When a commercial truck driver causes a serious traffic collision on a New York highway or city street, both the trucker and their employer may be liable for the resulting injuries. But when a rideshare driver working for Uber or Lyft badly hurts somebody in a wreck, it is their responsibility alone — at least, according to Lyft and Uber.
The companies consistently claim that their drivers are contractors, not employees, and that Uber and Lyft cannot be held responsible when one of their drivers causes bodily harm to somebody else. But victims are increasingly challenging that position in court, such as a Massachusetts man who recently sued Uber for $63 million in damages.
Man paralyzed by Uber driver with a history of crashes
The man, 31, was paralyzed in a crash while taking an Uber home from work. His lawsuit says his disability is permanent and that he has suffered tremendous physical and emotional pain. His Uber driver had a poor driving record that included multiple collisions and traffic citations, according to the suit. It appears his theory is that Uber is partly responsible for his quadriplegia because they hired him despite his driving history.
Is the driver’s insurance enough?
Whether you pursue a suit against your rideshare driver’s company or not, you can always seek compensation from the driver’s collision insurance. In New York, rideshare drivers must carry at least $75,000 in insurance per injured individual and at least $150,000 of coverage per collision. For many people, this would be enough to compensate them for their medical bills, lost wages and so on.
But in cases of severe, permanent disability and death, $75,000 might not come close to fair compensation. In the case we discussed above, a young man will probably be paralyzed for life. His ability to earn a living has been compromised, and he relies on a motorized wheelchair to get around. It is almost certain that $75,000 would not make him financially “whole” again.
