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Uber Accused of Restricting Court Access for Injured Passenger

Posted by Jeremy Rosenthal | May 12, 2021 | 0 Comments

Uber and Lyft are convenient but they may not be worth the cost. The rideshare companies have a long history of questionable conduct and failing to protect passengers and drivers. Now, a woman who was injured in an accident after an Uber ride is accusing the company of trying to take away her right to seek compensation after accidentally clicking on an email. 

Uber will do what they can to avoid liability when drivers and passengers are injured in car accidents. This includes trying to classify drivers as contractors, making passengers sign away their legal rights, and refusing to compensate injured passengers. Do not leave your claim at the hands of large tech companies and talk to a local attorney who can help you get compensation for your injuries. 

Dropped Off in the Middle of the Road

Emily Wu was a college student in New York, training to be a nurse. Like a lot of young people in big cities, she relied on rideshare companies like Uber and Lyft to get around. On July 25, 2020, her Uber driver stopped in a traffic lane to let her out. She tried to look both ways but was suddenly struck by an SUV. She suffered a severe road rash, lost most of her front teeth, and injured her knee. 

After requiring multiple surgeries, including multiple dental implants, Wu sought compensation from Uber. Her claim against the company alleged that the driver unsafely let her out on the road and failed to drop her off near the sidewalk. Months later, she got a mass email from Uber about updated terms and conditions, and clicked through so she could continue using the app for rides. However, the company is now claiming that clicking through means she lost her rights to a court trial for compensation. 

Arbitration Instead of Rights to a Jury

The updated terms and conditions, hidden among pages of dense information, retroactively waived her rights to a trial. Instead, her prior claim would have to be brought before an arbitrator. Why arbitration? Arbitration is generally much more business-friendly. Arbitrators often award much smaller damages than a jury of your peers might. Arbitration is also much cheaper for corporations compared to a jury trial. 

There are also public interests in keeping these types of cases in the courts instead of behind closed doors. The discussions and terms of arbitration are generally not part of the public record. Another problem with arbitration is that it impairs class action lawsuits where multiple defendants have similar claims against the same company. This makes it harder for people to get justice when they only have minor damages. 

Common Causes of Rideshare Accidents

Dropping off passengers in the middle of an active traffic lane is dangerous. Unfortunately, for Uber riders in cities like Denver and New York, drivers don't always want to wait to find a safe place to pull over. They may stop in the middle of traffic to drop someone off or pick them up. This creates a danger for passengers, cyclists, and other drivers. 

If you were injured in a rideshare driver accident in Denver, talk to our experienced Colorado auto accident attorneys who will fight to get the maximum compensation available for your injuries. Contact us today for a free consultation.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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