Uber Driver Caused My Motorcycle Accident
The great majority of motorcycle accidents are caused by motor car drivers, as is well known. This sentiment is unmistakable when it comes to rideshare drivers, such as those who work for Uber. Uber drivers work long hours and in difficult circumstances, which creates the ideal storm for distractions that might result in a motorcycle accident.
This article will go through the many distractions that Uber drivers encounter, as well as the measures you should take after a motorcycle accident with an Uber driver, Colorado insurance regulations, and particular information regarding bringing a lawsuit against an Uber driver after a motorcycle accident.
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Uber Drivers' Most Common Distractions
Since the introduction of the car, distracted driving has been a problem, but the quantity and frequency of distractions have arisen throughout time. Uber drivers face greater distractions than the ordinary driver, putting other motorists, particularly motorcyclists, in danger.
Driver distractions are divided into three categories by the Colorado Department of Highway Safety and Motor Cars (FLHSMV): visual, manual, and cognitive distractions. A distraction may cause an Uber driver to be distracted in several ways; the categories are not mutually exclusive. Distractions that Uber drivers may face in all three categories are listed below:
Anything that diverts a driver's attention away from the road is considered a visual distraction. Many drivers use their phones and text while driving, to the point that Colorado has made it illegal to text while driving.
Despite this, mobile phone use is not prohibited. To pick up passengers and look at a map, Uber drivers must frequently use the company's app on a mobile phone; doing so while driving puts motorcyclists and other motorists in danger.
Passengers drinking or chatting excessively may provide visual distractions, making it harder for drivers to clear their blind areas while changing lanes. This is particularly hazardous for motorcycle riders, who might be difficult to spot.
Anything that takes a driver's hands off the wheel is considered a manual distraction. Texting and mobile phone use are also manual distractions, making them particularly dangerous driving habits. Meeting the requirements of passengers may cause a motorist to take his or her hands off the wheel.
The driver may be required to give a passenger or reach for something dropped by a passenger, or the driver may be required to adjust the radio for a passenger. Eating and drinking in a car is another typical manual distraction. Uber drivers spend a lot of time in their cars, so it's not uncommon for them to grab a bite to eat while driving.
Anything that takes a driver's focus off the road is a cognitive distraction. When a motorist is daydreaming, these distractions are summed up. Uber drivers, like everyone else, have hectic schedules. A driver may be thinking about family troubles, financial concerns, former passengers, or just the desire to pick up as many people as possible.
When an Uber driver's thoughts aren't on the road, people who share the road are put at risk. Passengers' obnoxious and boisterous may make it difficult for an Uber driver to focus on the road.
Colorado Laws Concerning Distracted Driving
Uber drivers must abide by the same traffic rules as everyone else on the road. Merely texting and driving is unlawful in Colorado as of April 2019, although it is only a secondary offense. This implies that a police officer will not stop a motorist for texting, but if they are pulled over for anything else, they may issue a penalty for texting while driving.
Distracted driving is a big subject in Colorado since it consistently ranks among the top three states with the highest number of distracted driving accidents. Through the introduction of proposals in the Colorado legislature, politicians continue to press for stiffer distracted driving punishments and campaigning to broaden the term.
Suppose Colorado lawmakers succeed in widening the definition of distracted driving. In that case, motorcycle riders may be safer on the roads and have a lower risk of getting struck by a distracted Uber driver. If you were involved in a motorcycle accident with an Uber driver, you should speak with an attorney to learn more about the new legislation that may apply to your case.
The distractions above and personal grooming, reading, writing, interacting with pets, and putting on make-up will be included in Colorado's enlarged definition of distracted driving.
What Should You Do If an Uber Driver Injures You on a Motorcycle?
If you are riding your motorcycle and are involved in an accident with an Uber driver, you may be unsure of what you need to do immediately or quickly after the accident. Following are some pointers to assist you to optimize your chances of collecting damages following an accident:
Seek medical help as soon as possible. Because you have less protection as a motorcycle driver than the ordinary motorist, it's more probable that you'll be hurt if an Uber driver strikes you, particularly if they're going above 30 mph. Even if you are fortunate enough to walk away from the accident, you should seek medical help.
You may feel OK or believe you merely have a bump on the head, but symptoms may not appear for hours or days. Medical paperwork for your injury also serves as evidence that the Uber driver's negligence caused your injuries.
Filing a police complaint is a good idea. Usually, when a serious accident happens, emergency services and police enforcement arrive at the site. If they don't, you'll need to file a police complaint with Pueblo, Colorado Springs, Tampa, Monument, or wherever the accident happened in Colorado.
The driver's contact and insurance information will be included in the police report, but you should also attempt to get this information for your records. Obtain the Uber driver's name, phone number, and email address, as well as the names, phone numbers, and emails of any other people who were engaged in or observed the accident. Obtain the Uber driver's insurance and license plate information as well.
Take pictures of the situation. Take images of the damage to your motorcycle, the Uber driver's car, any visible injuries, any dangers that may have contributed to the collision, and anything else you believe an insurance company or your lawyer would need to know using your cell phone's camera.
Uber should be notified of your accident. Uber drivers are obligated to report accidents to the business, but you should call them to confirm that they have been notified and that the accident has been recorded in their system. Uber's website allows you to report a motorcycle accident caused by an Uber driver.
Claim with your insurance company. You must make an insurance claim with your motorcycle insurance company to preserve your coverage, regardless of responsibility. It will also take some time to battle the other insurance company. Your insurance company may pay the claim and then pursue recovery from the Uber driver's insurance company.
Seek legal advice. Many insurance companies may be involved in a motorcycle accident involving an Uber driver in Colorado. The complexities of a claim are muddied by Colorado's no-fault insurance regulations, as well as dealing with a global corporation and a contractor. A knowledgeable attorney can assist you in navigating these waters and guide you along the road that is best for you.
Motorcyclists and Uber Drivers in Colorado: Insurance Requirements
Colorado is a no-fault insurance state mandates personal injury protection (PIP) and property damage liability (PDL) coverage for all drivers. When registering a car, drivers must provide evidence of insurance.
This covers motorcyclists and Uber drivers, albeit Uber drivers are subject to extra rules due to a 2018 statute. The rules differ depending on whether or not a driver has passengers and whether or not they have the Uber app installed on their phone.
Drivers who are registered into the Uber app but do not have any passengers must have the following insurance coverage:
$50,000 minimum death and bodily injury liability coverage per person
$100,000 minimum death and bodily injury liability coverage per accident
$25,000 minimum property damage liability (PDL) coverage per accident
$50,000 minimum death and bodily injury liability coverage per accident
When they have passengers, Colorado law requires Uber drivers to carry $1,000,000 in insurance. This might be a business policy or Progressive Insurance's insurance coverage for Uber's drivers in Colorado.
Damages-seeking When an Uber Driver causes a Motorcycle Accident
If you were injured due to a distracted Uber driver, you might be entitled to compensation. According to Colorado's no-fault insurance regulations, you must report the collision to your PIP insurance company, covering motorcyclists, car drivers, and pedestrians.
Keep in mind that PIP coverage only pays 80% of medical expenditures and 60% of lost income in Colorado, with no compensation for non-economic losses. Before submitting a claim under the driver's or Uber's insurance policy, you must meet or exceed the limitations of your PIP coverage.
If your injuries are serious or catastrophic, you may need to launch a personal injury lawsuit against the driver and/or Uber. Motorcycle accident lawsuits involving Uber in Colorado are difficult matters that demand an experienced lawyer since they involve several parties and insurance plans. A knowledgeable attorney will walk you through the claims procedure and manage all discussions with all parties involved.
After a motorcycle accident in Colorado, you may be able to collect the following damages if you file a personal injury lawsuit and the court determines in your favor:
Medical care not covered by PIP, such as ambulance and emergency services, hospital stays, drugs, x-rays, and surgery
Rehabilitation costs, such as physical therapy and assistive devices such as crutches, wheelchairs, canes, and prosthetic limbs • Lost wages for time away from work not covered by your PIP insurance or another driver's policy • Future lost wages for a long-term disability that prevents you from returning to work after your accident
Motorcycle Accidents in Colorado: Comparative Negligence
If you were hurt while riding your motorcycle and were struck by an Uber driver, Colorado law allows you to pursue damages in civil court after your PIP insurance limitations have been reached or surpassed.
To avoid blame, expect the Uber driver, Uber, and any other party to the defense. Insurance companies may reject your claim, minimize your injuries, or argue that you had a prior injury. In personal injury lawsuits in Colorado, the courts employ a comparative negligence test, which provides the defense an incentive to shift responsibility to you.
The concept of comparative negligence is based on shared culpability; the court determines how much you contributed to the accident that resulted in your injuries. If they judge you to be somewhat at blame, they will lower your compensation by the proportion of responsibility you were given. The defense can claim, for example, that you were speeding on your motorcycle and that if you hadn't been speeding, you would have been able to respond to the Uber driver's irresponsible driving.
As a result, they determine that you are 25 percent to blame for the accident. If you claim $100,000 in damages, Colorado law limits your recovery to $750,000, or 75%. A knowledgeable motorcycle accident lawyer who has previously handled Uber accidents is familiar with Colorado no-fault insurance and how comparative negligence relates to your case. They will advise and argue for you to get the best possible outcomes in your case.
Obtain the services of a knowledgeable motorcycle accident attorney.
Suppose you've been injured in a motorcycle accident caused by an Uber driver. In that case, you'll need the help of an experienced personal injury lawyer to navigate the convoluted legal procedure that comes with cases involving many defendants.
Warrior Motorcycle Accident Attorneys' professional legal team, has represented hundreds of clients in motorcycle and Uber accidents, so they know how to assist you in the wake of your accident. Call our locations in Colorado Springs, Monument, Pueblo, and Fountain to book a free consultation at 719-300-1100.