Can A Passenger Be Blamed for an Uber Accident?

Passenger pointing toward the road while riding in an Uber, illustrating Uber passenger fault concerns

When it comes to understanding Uber passenger liability, wondering if a passenger can be blamed for a crash is a common question. The answer, as is true with most motor vehicle accident claims, is that it depends.

In this blog, Uber accident attorney and founder of UberHurtMe.com, Justin Drazin, explains when a passenger may be responsible for a crash, and if so, how that affects their claim for compensation.

When Uber Passengers Can Contribute to an Accident

Uber drivers owe a duty of care to their passengers and everyone else on the road. However, passengers also have a responsibility to act appropriately when taking a rideshare. Uber has a policy in place to discourage and address inappropriate passenger behavior, including being rude, discriminatory or threatening toward their driver. Passengers should also not damage the driver’s physical property, including their vehicle.

However, Uber does not have a standard policy in place when it comes to passenger actions that may cause a distraction. For example, shouting, talking loudly with friends, or opening a door while the vehicle is in motion. Instead, Uber encourages courteous behavior for anyone who gets in a rideshare vehicle, leaving a gray area for those pursuing damages in a personal injury claim.

In most Uber accident cases, fault is not attributed to passengers, but it can happen. And when it does, understanding your rights is critical.

How Fault is Determined in Uber Accidents

When a passenger is partially responsible for contributing to an Uber accident, their first question is whether they will still be entitled to compensation in a personal injury claim. The answer is generally, yes.

New Jersey operates under a modified comparative negligence law, which means that anyone injured in an Uber accident is entitled to compensation as long as their share of fault does not exceed 50 percent. However, the compensation award will be reduced by the passenger’s percentage of fault.

For example, let’s say that your Uber driver glances down at their phone at the same time that you’re talking and laughing loudly with your friends in the back. If the distraction contributed to the Uber driver running a red light or causing a crash, then the jury or insurance adjuster could decide that you share 20% of the blame. In this case, if your damages totaled $100,000 but you’re found 20% at fault, your award would be $80,000.

Determining who is at fault in an Uber accident requires a detailed look into every contributing factor, including the driver’s actions, passenger behavior, road conditions, and more. Your personal injury attorney can investigate the details of your crash to determine where liability falls, and how much fault you share in the accident.

Why You Need a Lawyer After an Uber Accident

When questions about driver and passenger liability arise, having an experienced lawyer by your side is critical. Uber’s insurance team is in the business of protecting their bottom line, so they will do whatever they can to minimize your injuries and shift blame to avoid paying you what you need. This is especially true if you contributed to the accident and your subsequent injuries.

But remember, as long as your share of fault is 50% or less, you are still entitled to compensation for your damages. A skilled personal injury attorney knows this and will gather evidence that supports your claim and negotiate with the rideshare’s insurer on your behalf.

With the right attorney, you can avoid unfair delays and reduced payouts. You have rights. Don’t let Uber or any rideshare company get away with wrongfully denying your claim.

Uber Accident FAQ

Can Uber’s insurance deny my claim if I distracted the driver?

The short answer is, yes, they will try to deny your claim if they believe your actions contributed to the accident. However, in New Jersey, injured passengers are still allowed to pursue a claim as long as their share of responsibility is 50% or less.

So even though Uber will try and deny your claim, an attorney can challenge that tactic and present evidence that the Uber driver’s inattention and/or negligence was the primary cause of the accident.

What should I do if Uber tries to blame me for the accident?

Stay calm and focus on collecting evidence that can counter this claim, including witness statements, photos, videos, and your trip receipt. Avoid arguing with the Uber driver or the company’s insurance team and instead, contact a lawyer who can conduct a thorough investigation.

How long do I have to file a personal injury claim in New Jersey?

Injured passengers have two years from the date of the Uber accident to file a personal injury lawsuit. However, when this window closes, so does your ability to pursue compensation.

Contact Drazin and Warshaw if You Were Injured in an Uber Accident But Share Some of the Fault

Just because you are partially at fault for an Uber accident doesn’t mean you’re also not still entitled to compensation for your injuries. New Jersey law lets injured rideshare passengers pursue the compensation they need as long as they are not more than 50% responsible for the crash.

If you were injured in an Uber accident, don’t wait to get the money or legal help you need. Justin Drazin is the founder of UberHurtMe.com, the nation’s leading resource for Uber accidents. He knows exactly how these companies operate and is dedicated to holding them responsible and advocating for his clients. Schedule a free consultation with Justin Drazin today by filling out our online contact form or calling 732-333-8141. He and the rest of the firm represents clients in Brick, Toms River, Howell, Cranford, and throughout New Jersey.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.