A 23-year-old man has filed a personal injury lawsuit against Uber after losing both legs in an Orange County car accident while helping his Uber driver push his vehicle onto a freeway shoulder. According to a Fox 11 news report, Brendan Brock has filed a lawsuit naming Uber Technologies, Uber driver Gregory Raymond Lopez, Uber’s insurance carriers, and Jonathan Aukusotino Tavita, the driver of another vehicle that struck Brock. The lawsuit alleges negligence and infliction of emotional distress.
Catastrophic Injuries
Brock has moved back home after the accident, where he is rehabilitating and getting round-the-clock care from his parents. Brock was a passenger in Lopez’s 2016 Jeep Compass early morning on March 7 when the vehicle ran out of gas on the 5 Freeway. Lopez coasted toward the right shoulder, but the Jeep stopped in one of the freeway lanes. Lopez and Brock got out and started to push the vehicle onto the right shoulder when Tavita lost control of his vehicle and hit Brock.
The lawsuit states that the crushing injuries he sustained necessitated the amputation of both his legs. The complaint also alleges that Lopez was “unfit to operate” the Jeep, which was a substantial factor in causing Brock’s injuries. The lawsuit also states Lopez put Brock in a dangerous situation. Uber has not commented on this lawsuit.
Uber and Liability Issues
Liability has been a somewhat tricky issue for Uber and other rideshare companies. Uber brands itself not as a transportation company but as a Web platform that connects those who need rides with those who provide them. Uber drivers are independent contractors, not employees. The company carries $1 million in liability insurance, which should apply to passengers injured while riding an Uber.
Several complex issues arise in Uber car accidents. For example, Uber’s insurance may only cover injuries or losses if the driver was online during the crash and logged into the app. Uber drivers’ auto insurance policy may have to cover the victims’ injuries or losses. The same applies if an Uber vehicle strikes and injures you as a pedestrian. If the Uber driver is offline or underinsured, victims may need to use their own uninsured motorist coverage.
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
