Historically, Uber has proclaimed that its drivers are independent contractors, not direct employees. Uber drivers can sign up and get started driving very quickly: They need not go through a complex hiring process, and they receive payment from the riders they carry, though the rideshare company takes a cut. That strategy not only changes the way Uber drivers get paid and Uber’s obligation to those drivers, it also decreases Uber’s liability when an Uber driver causes an accident. If you have been in an accident as a rideshare driver then contact the skilled uber and lyft accident attorneys at Benson & Bingham Accident Injury Lawyers, LLC.
Some state legislatures around the country are starting to disagree and pass laws that essentially classify rideshare drivers as employees. Uber and Lyft are suing.
The courts are starting to disagree with Uber and Lyft, too. In a landmark move, the judge in Vikin Daniel vs. Dwayne Quiney (A-18-779564-C) held that Uber drivers are employees, not independent contractors. Around the country, rideshare drivers have started fighting for recognition as employees, not just contractors—and many courts are holding that Uber, not the riders, employs those drivers.
In O Connor v. Uber Techs., Inc., 82 F. Supp. 3d 1133 (N.D. Cal. 2015), the state upheld Uber drivers’ position as employees of the company. One of the primary factors in determining this status? Uber’s ability to discontinue employment at will. The court noted that Uber consistently terminated the position of drivers whose star ratings fell below a certain level, suggesting that Uber does, in fact, use its drivers as employees, not contractors.
With more than one-third of workers across the United States currently classified as contractors, the way America does business has changed dramatically during recent years—and the way the court handles many situations will change to reflect that, including this new recognition of Uber drivers and other contractual employees as actual employees of the companies they work for. As that recognition increases, it could change many legal concerns, including the way accident victims file personal injury claims.
Uber, like Lyft, provides its drivers with insurance when they actively carry riders in their vehicles. The insurance provides coverage for both drivers and their passengers when they suffer serious injuries in an accident caused by the Uber driver. Uber insurance offers:
Previously, Uber and Lyft drivers counted as contractors of the business they drove for. While those drivers picked up clients through the app and in connection with the company, they did not work for the company directly.
By acknowledging rideshare drivers as employees, not just contractors, however, the court issues a ruling that can change the way Uber and Lyft drivers interact with the company—and the way accident victims handle their personal injury claims after an accident.
If you suffer injuries in an accident with a known Uber driver, or if you suffer injuries in an accident while in an Uber vehicle, make sure you take these three steps to protect yourself after that accident.
As services like Uber and Lyft continue to evolve, the way the court handles the companies’ employees will continue to evolve along with it. In answer, the way that victims, attorneys, and the courts handle personal injury claims may also change.
Contact an Uber accident lawyer now to learn more about how these changes may affect you after an accident.
Benson & Bingham Accident Injury Lawyers, LLC
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Benson & Bingham Accident Injury Lawyers
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11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
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626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
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9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
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Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys
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