One of the principal questions that must be answered after a car accident is who can be held liable for the injuries and property damage sustained in the crash. In most cases, it is the insurance companies for the respective drivers that are likely to be tapped to provide money to compensate for drivers’ medical expenses and repair costs, to name a few.
When individual drivers are involved, the question is fairly simple. But when the offending driver is working for a corporate entity, or there are questions of whether the driver is an independent contractor or an employee, the question of the responsible payee can be complicated.
For instance, if you are involved in an accident with an Uber driver, there may be questions as to whether the ride sharing company could be held liable in an accident. After all, the question of whether these drivers are independent contractors or employees was a hot-button issue from an employment law standpoint. California’s ruling last summer that these drivers were actually employees may eventually lead to lawsuits against the company if unvetted drivers are involved in accidents.
A new law in California that will go into effect on January 1 requires Uber and other ride sharing services to conduct driving records checks on its drivers. A failure to adhere to this law could possibly lead to liability for these companies in the event of a crash. Nevertheless, the guidance of an experienced personal injury attorney can help in determining who will be responsible for compensating an injured driver.