Rideshare drivers typically can choose how many hours they can work daily. Unfortunately, some extend and maximize their capacity, which can compromise their ability to drive safely. When overly fatigued, drivers can cause Uber car crashes involving innocent road users. When this happens, victims may file a claim to receive compensation for the damages.
When an Uber driver hits you due to drowsy driving, this article will help you protect your rights by tackling the complexities of personal injury claims for UBER car crashes caused by rideshare drivers and what to do to navigate around such intricacies.
What is Fatigue or Drowsy Driving?
Driving while overly exhausted, known as driver fatigue, is a common cause of commercial auto car accidents and can lead to severe injuries or fatalities. Preliminary data from the Statewide Integrated Traffic Records System of the California Highway Patrol discovered that over 4,000 crashes in 2023 involved sleepy drivers in California.
Drowsy driving is hazardous for several reasons:
- Fatigue slows a driver’s reaction to unexpected situations or road hazards, making it harder to maneuver or brake in time to avoid collisions.
- Sleep-deprived drivers may make poor decisions, such as misjudging traffic gaps or attempting unsafe maneuvers.
- Fatigued drivers may experience brief involuntary sleep episodes, or “microsleeps,” lasting only a few seconds. During these episodes, drivers are essentially unconscious and unaware of their surroundings, posing a significant risk to themselves and others.
Driving while tired or sleepy poses a significant risk to public safety. By being aware of its causes and consequences, drivers can take proactive steps to be vigilant and lower their chance of collisions, improving road safety.
How Often Do Uber Drivers Commit Drowsy Driving?
Unfortunately, rideshare drivers are particularly susceptible to drowsy driving. According to the Centers for Disease Control and Prevention, approximately one in every 25 adult drivers reports falling asleep while driving, and many more admit to driving while sleep-deprived.
Ridesharing services have increased dramatically and don’t seem to be slowing down. Because of the significant demand, rideshare drivers are also more susceptible to drowsy driving to accommodate such a need.
According to a 2018 study, two major safety issues within the ridesharing industry require attention.
- The primary obstacle to getting adequate sleep is the number of hours worked. Many rideshare drivers consider this job as a secondary income source. Hence, these drivers often have a primary job and drive during their “off” hours. As such, their schedule can result in driving after long periods of wakefulness or during nighttime hours, both of which significantly increase the risk of drowsy driving accidents.
- Rideshare drivers are often classified as “independent contractors,” meaning they are not screened for medical conditions that can impair alertness. While the National Transportation Safety Board recommends that federal regulators require medical fitness assessments, rideshare drivers’ work hours and rest periods are not monitored and are subject to minimal regulatory oversight.
With such issues, drowsy driving among rideshare drivers, including those employed by UBER, is prevalent. Unfortunately, fatigue can still be a worry for rideshare drivers due to the complex nature of their work and the unpredictable hours.
Is It Illegal to Drive an Uber Car When Fatigued?
There are no specific drowsy driving laws prohibiting fatigued driving in California. However, if a driver falls asleep at the wheel and causes an injury or fatality as a result, they may face charges related to reckless driving or vehicular manslaughter.
Under California Vehicle Code 23103, reckless driving is defined as operating a vehicle on a roadway with a deliberate or wanton disregard for the safety of other people or property. Hence, if a driver fails to ensure the safety of others by driving while tired, they are deemed to have violated this law.
Moreover, according to Uber’s Community Guidelines, if you’re driving and feel fatigued, it is recommended to take a break. Uber tracks your driving hours. Uber monitors drivers’ driving hours, and they will receive a notification after being online and driving for 12 hours. Subsequently, they are mandated to take a break, during which new trip requests will not be received for at least 6 hours. If a driver is currently on a trip, they can complete it before the 6-hour break period commences.
Even though it might not be specifically prohibited by law, operating an Uber vehicle when fatigued can nonetheless negatively impact a driver’s ability to operate a vehicle safely and raise the possibility of an accident. If a drowsy driver causes an accident resulting in death or severe injury, they can face charges for reckless driving, negligence, or vehicular manslaughter.
Furthermore, Uber has rules and regulations to encourage drivers to take breaks if they feel tired and may impose disciplinary actions on drivers who don’t follow them.
Can I File a Claim for an Uber Car Crash Involving a Fatigued Driver?
If you’re involved in an Uber car crash caused by a drowsy driver, you have the option to pursue compensation for damages through a claim. In such a case, you must establish that the accident directly resulted from the driver’s negligence in committing the fatigued driving offense.
When proving negligence in a car accident claim, it’s essential to demonstrate the following:
- The driver had a duty to ensure everyone’s safety on the road.
- They failed to fulfill this duty.
- This breach led to the accident.
- The accident resulted in injuries and other damages.
This means if the driver commits a violation and causes you injuries or damages as a result of a crash, you can file a claim against them for compensation.
Who Is Liable?
Generally, the Uber driver should be held liable for damages if their actions directly caused the accident. Remember that rideshare drivers often have the will to choose their schedules and determine how many hours they can work. If they intentionally max out their limit and cause a collision due to drowsy driving, they should cover the victim’s damage costs.
Since drowsy driving is considered reckless and generally illegal in California, proving that the accident stems from a tired driver’s negligence can be relatively straightforward. However, it is still crucial to gather various pieces of evidence to justify their violation, including:
- Photos or videos of the accident scene
- Witness testimonies confirming the driver’s intoxication at the time of the crash
- Police report documenting the driver’s offense
- Car accident reconstruction analysis
Can I Hold Uber Accountable for the Damages?
In certain situations, the ridesharing company may bear responsibility for the accident, even if the rideshare driver’s actions caused it.
For example, a driver who has a past drowsy driving violation that resulted in injuries applies to Uber and is hired. Later, the driver causes an accident. In such a circumstance, Uber might also be liable for the collision because it did not verify the driver’s credentials and history.
Moreover, you may have grounds to file a personal injury claim against them if you’re involved in an Uber car crash under the following scenarios:
- When a driver uses the Uber app online but has not yet accepted a ride request.
- When a driver has accepted a ride request and is on the way to pick up the passenger.
- When a passenger is in the car, and the ride is ongoing.
As such, you are entitled to the following rights:
- Up to $50,000 coverage for bodily injury per individual.
- Up to $100,000 coverage for bodily injury per accident.
- Up to $25,000 coverage for property damage per accident.
You may also be eligible for:
- Up to $1,000,000 coverage from the third-party auto liability policy.
- Reimbursement is available if you have a personal comprehensive and collision policy.
Note that depending on the specifics of the situation, Uber may contest liability and refuse compensation. That’s why it’s recommended to seek assistance from an Uber car accident attorney to help build your case and ensure you receive the total compensation you’re entitled to.
Lawyer’s Tip: Uber drivers must meet a number of conditions before they can drive for others. If the company overlooks specific information and hires an incompetent driver, they can be liable for any damages sustained by an Uber car crash victim.
Do I Need a California Uber Car Accident Attorney to Protect My Rights?
Being involved in an Uber car crash can be confusing and challenging. What happens if you are filing against a ridesharing company and they insist that the driver is solely responsible?
An experienced California Uber car accident attorney can navigate the complexities of your case to ensure fair compensation for all damages. They can:
- Gather ample evidence to establish the negligence of the other party.
- Determine liability for the accident.
- Assess the full extent of damages incurred.
- Handle communications with the insurance company.
- Ensure adherence to all relevant legal deadlines.
- Proceed to trial if necessary.
At the Law Offices of Larry H. Parker, our adept California Uber car accident attorneys are dedicated to assisting you in seeking rightful legal recourse through a personal injury claim against the responsible party. They will meticulously review your case details and devise tailored legal strategies to address your specific needs.
To arrange a complimentary consultation and explore your legal options with the best car accident lawyer in California, call our office at 800-333-0000.
What Our Clients Have to Say About Us
While numerous personal injury lawyers can handle your bodily injury claim and devise a legal strategy, our team distinguishes itself through unwavering advocacy. Our personal injury attorneys are fully prepared to build a strong claim, a testament validated by our previous clients.
“I had a great experience with the LHP team. Pat, the paralegal, handled my case very efficiently and had nothing but good reviews for the team. Thanks for getting my case settled in my favor.” – Carlos Cesar Solano-Conejo.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Who is Liable for Medical Bills in a Rideshare Accident?
- Essential Elements to Consider if You Have Been Offered a Settlement by an Insurance Company
- What Evidence Should Be Gathered After a Car Accident in California?
- How Much Can You Expect to Receive in a Personal Injury Case Regarding a Traumatic Brain Injury?
Works Cited
CHP RAISING AWARENESS ON DROWSY DRIVING RISKS, Accessed 5 June 2024.
“California Vehicle Code 23103.” California Legislative Information.
“Driving while tired or fatigued.” Uber, Accessed 5 June 2024.
“Fatigued Driving.” National Safety Council, Accessed 5 June 2024.
“The Risk of Fatigue and Sleepiness in the Ridesharing Industry: An American Academy of Sleep Medicine Position Statement.” NCBI, 15 April 2018, Accessed 5 June 2024.
