New Jersey Fatal Uber Accident Attorney

Uber is a rideshare company that was founded in 2009 in San Francisco. The company allows users to download an app on their phone and summon a ride at a moment’s notice. All payment is handled through the app, eliminating the need for users to have cash on them. Uber currently operates in 65 countries, and provides an estimated 14 million trips to customers each day. Uber is the major player in the global rideshare market, with nearly 70 percent of the overall rideshare market share.

Since 2013, when Uber became available in New Jersey, the app has become extremely popular, especially along the Jersey Shore. Uber allows users to quickly hail a ride without relying on fixed-route public transportation. Most of the time, Uber is also cheaper and quicker than calling a taxi cab. Given all this, it is no surprise that Uber has become so popular in New Jersey. However, what many Uber riders forget is that they are taking on a substantial amount of risk each time they get into an Uber. According to a recent university study, rideshare companies are responsible or a two to three percent increase in the total number of car accident fatalities in the United States. That means that there are as many as 1,140 fatal rideshare accidents each year. And because Uber has the largest market share out of all rideshare companies, the majority of rideshare fatalities will involve Uber vehicles.

The Todd J. Leonard Law Firm’s experienced New Jersey Uber Accident Lawyers represent families who have lost loved ones in fatal rideshare accidents. We have over 35 years of experience successfully handling even the most complex cases for our clients from all walks of life. Throughout this period, we have successfully served thousands of clients throughout New Jersey, recovering over $100 million on their behalf.

Uber Accidents in New Jersey

Uber accidents are more common than most riders realize. One reason why there are so many Uber accidents is that the requirements to become an Uber driver are extraordinarily lax given the serious responsibility drivers take on. For example, anyone who is 21 years old and has an insured car can drive for Uber, provided they pass a background check. Thus, Uber has become a popular job for young, inexperienced drivers looking to make some extra money. While this may be a good situation for the driver, it puts Uber passengers at an increased risk.

To address some of the concerns around the safety of riding with Uber, in 2019, New Jersey lawmakers passed Sami’s law. Under the new law, Uber drivers are subject to additional requirements, including:

• The Uber vehicle must have an “Uber” designation on the outside front of the vehicle when in driver mode;
• Uber drivers are required by law to notify the company immediately if the driver is convicted, charged or arrested for a violent crime, felony, sexual offense, driving offense or drug-related offense;
• Uber drivers cannot receive ride requests that originated in New York City; and
• New Jersey Uber drivers are required to purchase the proper insurance coverage.

Still, riders who get into an Uber do not know the driver, their level of driving experience, their temperament or what is going on in the driver’s life that may impact their ability to safely operate the vehicle. As a result, the high rate of New Jersey rideshare accidents should come as no surprise.

New Jersey Wrongful Death Claims

Losing a loved one in a New Jersey car accident is truly tragic. While nothing can bring back a loved one who was senselessly killed in a preventable rideshare accident, surviving family members can ease the financial burden associated with this loss by pursuing a New Jersey wrongful death claim.

Under the New Jersey Wrongful Death Act, family members who were financially dependent on a deceased family member can bring a wrongful death claim. Family members who are entitled to take legal action may include:

• Spouses
• Children
• Parents
• Siblings

To establish liability in a New Jersey wrongful death case, a surviving family member must show that their loved one’s death was “caused by a wrongful act, neglect or default of another.” In a fatal New Jersey Uber accident, the potential defendants are not limited to the Uber driver, but may also include another motorist, “Uber the company,” or even the manufacturer of a vehicle that was involved in the collision.

Proving a wrongful death claim is very similar to proving a traditional negligence claim in that a surviving family member must establish four elements:

• Duty: A surviving family member must show that the defendant owed their loved one a duty of care. In most Uber accidents, this will be assumed, because motorists generally owe a duty of care to others on the road and Uber drivers certainly owe a duty of care to their passengers.
• Breach: A wrongful death plaintiff must prove that the defendant’s conduct breached the duty of care that was owed to their loved one. This is often done by presenting evidence that the driver was not paying attention or not following traffic laws at the time of the collision.
• Causation: A surviving family member must also show that the defendant’s breach of that duty resulted in the death of their loved one.
• Damages: Finally, wrongful death plaintiffs must present evidence that they suffered some type of legally recognizable harm. Again, this element is very rarely at issue given the tragic nature of these claims.

While establishing the elements of a New Jersey wrongful death claim may seem straightforward, the involvement of insurance companies can complicate matters. The vast majority of all wrongful death cases are defended not by the individual driver who is alleged to have been at fault, but by their insurance company. Insurance companies are motivated to pay out as little as possible to resolve a claim, and will try almost anything to avoid responsibility for a fatal Uber accident. Thus, families who have lost a loved one in a New Jersey Uber accident should consult with an experienced New Jersey Personal Injury Attorney before proceeding.

Damages in New Jersey Wrongful Death Lawsuits

After someone is tragically killed in an Uber accident, their surviving family members can pursue a claim for financial compensation through a New Jersey wrongful death claim.

New Jersey wrongful death law has several unique aspects. For example, in New Jersey, there are two types of claims that can be brought after the loss of a loved one. The first is a claim to recover pecuniary losses, such as funeral costs, medical bills, property loss and the loss of future expected income. This is the most common type of wrongful death claim. However, pecuniary claims do not include compensation for any pain and suffering the deceased accident victim suffered. However, the second type of New Jersey wrongful death claim is a survival action, which can be filed if an accident victim does not die immediately. In a survival action, a family can seek additional compensation for the conscious pain and suffering of the victim between the accident and the time of their death.

Notably, New Jersey law does not permit family members to obtain compensation for their own pain and suffering as a result of the loss of their loved one. Additionally, punitive damages are not available in most New Jersey wrongful death cases.

An important part of the discussion when it comes to the available damages in a New Jersey Uber accident is the availability of insurance coverage. Typically, Uber’s insurance company will be the one to defend a claim against the company and, ultimately, will be responsible for paying out any compensation award. In New Jersey, riders are insured for up to $1.5 million while on a trip. This includes $1.5 million in uninsured/underinsured motorist protection in the event that a third-party motorist caused the collision and did not have sufficient insurance coverage. However, if an accident occurs while the Uber driver is waiting to be paired up with a passenger, Uber only provides coverage up to $50,000 per person or a total of $100,000 per accident.

It is also important to review any applicable household insurance policies for additional coverages.

The nuances of the insurance requirements and how they play into the available compensation in a wrongful death case can be complex. Families who have lost a loved one in a fatal New Jersey Uber accident should reach out to an experienced New Jersey Uber Accident Lawyer for immediate assistance.

Contact an Experienced New Jersey Personal Injury Law Firm for Immediate Assistance

If you have recently lost a loved one in a tragic New Jersey Uber accident, contact one of the dedicated New Jersey personal injury attorneys the Todd J. Leonard Law Firm to discuss your rights. Our attorneys provide compassionate, zealous advocacy on behalf of aggrieved families across New Jersey, and will hold all of the responsible parties full accountable. 

Our New Jersey personal injury attorneys have over 35 years of experience aggressively representing seriously injured clients and their families in all types of claims, including New Jersey wrongful death cases. Throughout this period, we have successfully served thousands of clients, recovering over $100 million on their behalf. The firm’s founder, Attorney Todd Leonard, has devoted his entire legal career to helping his clients recover the compensation they need and deserve from the parties responsible for their injuries and losses. To learn more about how we can help you pursue a claim for compensation, give us a call today at (973) 920-7900 to request a free and confidential consultation. There is no risk in calling, because we never charge a fee unless we can help you recover compensation. We have offices conveniently located in Denville and Morristown.