Uber or Lyft Injury Claim

Uber and Lyft continue to gain popularity as on-demand rideshare services. With more Uber and Lyft cars on the road to meet growing demand, accidents involving drivers and even Uber lawsuits are becoming more commonplace.

These companies provide an app that allows users to request a ride using their smartphone. The passenger can even see an estimate of the fee for the trip to their destination directly through the app.

Hiring an Uber or Lyft driver works like a taxi service – – – the passenger gets a ride to their destination for a fee based on the distance and time of the ride. Unlike a taxi service, the driver is using their own personal vehicle and not a vehicle provided by the company. Payment is made through the app so the passenger and driver never have to exchange cash and deal with calculating change.

In most cases, hiring an Uber or Lyft driver works smoothly. However, when things go wrong, it can be complicated to understand from a legal perspective.

Uber Accident Claims

Uber reportedly has over 8,000,000 users and 300,000 drivers in the US. Car accidents involving Uber drivers and passengers are bound to happen. The accident could be due to the fault of the Uber driver, or the driver of the other vehicles, or perhaps both. Accident and insurance claims involving Uber drivers can be complex.

Uber Accident Insurance

Uber requires their drivers to carry liability insurance. Uber also provides additional insurance of $1 million that covers the accidents that are due to the fault of the Uber driver. However, that additional insurance applies only when the Uber driver is carrying a passenger or is en route to pick up a passenger.

Some car insurance policies have exclusions for using the car to transport passengers for a fee. If the Uber driver doesn’t have the right type of insurance coverage, it might not cover cars that are damagesd and people that are injured.

Insurance for Uber Passengers

If an Uber passenger is injured due to the fault of another car, Uber provides both uninsured and underinsured motorist coverage of $1 million. Uninsured motorist coverage will cover the injury claim of a passenger if the other vehicle has no insurance.

Underinsured motorist coverage will cover the injury claim of a passenger when the other vehicle has insurance, but that insurance is inadequate to cover all of the passenger’s damages.

Uber Driver Lawsuit

Uber drivers filed a class action lawsuit against Uber in 2014 in federal district court in California. The drivers claimed that they should be compensated for certain expenses and that Uber improperly told Uber passengers that the gratuity was included, resulting in lost tips to the drivers.

Uber Settlement with Drivers

In 2016 there was a proposed settlement of $100 million, but the Court declined to approve the settlement. The case was still pending as of the date this article was written.

Uber Lawsuits

Uber has attempted to prevent passengers from filing any lawsuit against Uber for injuries caused by an Uber driver. Users agree to certain Terms of Use when accessing or using the Uber services. Those Terms of Use include an Arbitration Agreement. In essence it provides that Uber users give up their right to have a dispute with Uber decided by a jury trial and must submit the dispute to arbitration.

The arbitration must be administered by the American Arbitration Association and the arbitrator must be a retired judge or California lawyer that is on a list of approved arbitrators. The decision of the arbitrator is final and binding with no appeal provision.

Uber Lawsuit in Arizona

Arizona is among several states that have enacted new laws relating to Uber and similar rideshare services. The Arizona law, enacted in 2015, requires Uber drivers to have at least $250,000 of liability insurance coverage when they have a passenger in their vehicle. The law also requires companies like Uber to conduct background checks on its drivers.

The new law does not address every legal issue that may arise when Uber drivers cause accidents. Some of these issues will need to be answered on a case-by-case basis. Uber passengers who are injured in an accident may be wise to seek the advice of a personal injury lawyer familiar with the laws relating to Uber and similar ride-sharing companies.

Most Common Injuries For Retail Workers

Now that the holiday season is in full swing, the retail industry is running at full capacity. Each year, major chains across the country hire thousands upon thousands of seasonal workers. Because of the wide range of tasks and the physical requirements of the industry, retail workers are at risk for several, specific occupational injuries. Additionally, high staff turnover means very few workers receive adequate training. What little training is provided often has nothing to do with workplace safety or proper body movement techniques. The following are some of the most common work-related injuries suffered in the field of retail.

Musculoskeletal Disorders

According to Bureau of Labor Statistics data, a major injury risk for retail workers involves musculoskeletal disorders. Around 83,000 workers suffered a musculoskeletal disorder in 2003.The cause of these disorders is often related to handling materials or lifting heavy products, but understaffing is another contributing factor. When workers are forced to take on longer hours or perform tasks they aren’t trained to do, the risk of injury is much higher. Some examples of musculoskeletal disorders include back pain, sprains, strains, and carpal tunnel syndrome.

Falls

A recent research report by the Department of Labor & Industries (DLI) lists two types of falls as one of seven common injuries among retail workers. These include falls from higher elevation, such as from ladders or roofs, and falls from the same elevation, which include slips and trips.

Caught or Struck By Objects

The same DLI report also lists body parts being pinned, squeezed, struck, or pinched by external objects as a major cause of injury for retail workers. Also found in this category is damage done to the eardrum via excessive noise.

Burns & Open Wounds

A report on Talkingsafety.org cites several statistics on injuries suffered by young people at work. According to the source, burns and open wounds are among the top injuries reported, with the most commonly injured body parts being the arms and hands. The report states that the risks of injury increase with the number of hours a person works, with the highest incidence of youth injuries occurring in workers who start working before 7am or finish working after 7pm.

Sources:
http://www.lni.wa.gov/Safety/Topics/AtoZ/InjuryFS/
http://www.safetyandhealthmagazine.com/articles/disproportionately-high-study-on-injuries-among-retail-workers-surprises-researchers-2
http://www.talkingsafety.org/young-workers/young-workers-and-workplace-injury.html