Originally published by Anderson Law Firm's Injury Blog.
With new technologies, it appears that there has accompanied an increase in accidents related to these new innovations. Car companies such as Uber, Lyft, and other smartphone-related transportation businesses have not only had their share of profit gain, but have also faced lawsuits stemming from negligent driving.
Such was the case with a woman in Dallas whose late night Uber ride turned into a near-fatal car accident and, due to her injuries, has chosen to file a lawsuit against the multiple parties involved with her Uber ride.
A Late Night Accident
Everything seemed to be going as planned. 24-year-old Sarah Milburn, from Dallas, was out at night having fun, and as her night finished she did the responsible decision of requesting an Uber ride. However, what seemed to be a right decision suddenly and without warning turned into a dangerous endeavor.
Sarah’s Uber driver, Arian Yusufzai, impacted another vehicle after running a red light, which caused the vehicle that Arian and Sarah were in to rollover. Due to the seriousness of the accident, Sarah was left with her mid to lower part of her body paralyzed. For this reason, Sarah started an investigation on the driver.
It turns out that Arian Yusufzai had a previous criminal history and has a previous arrest record. In addition, the vehicle that Arian was driving – a Honda Odyssey – did not belong to him.
Due to his information, Sarah Milburn and her family decided to file a lawsuit against Uber, the Uber driver (Arian Yusufzai), the owner of the Honda Odyssey, and Honda. Sarah’s family provided insight as to the kind of pain that Sarah is going through, such as not being able to get of her bed by herself or going to the bathroom without any assistance. Following an extensive set of therapy, Sarah has been able to use her limbs, although in a limited way – she is still not able to walk by her own.
Who Should the Lawsuit Be Aimed Against?
As this article has stated, the lawsuit that the Milburn family has filed is aimed to four parties (Honda, Uber, the Uber driver, and the owner of the Uber vehicle). However, when it comes down to deciding who was directly at-fault for the accident, it can be a tricky task. While the driver of the Uber vehicle is obviously negligent for causing the accident due to him running a red light, there are other factors to consider when choosing who to aim the lawsuit at.
For example, the owner of the Honda Odyssey, knowing that the driver had been previously arrested, perhaps should not have left him drive his vehicle. Also, Uber should have run a background check to verify that the driver would not present a future danger when driving. Now, in regards to Honda, the perhaps does not have significant weight on the car manufacturing company. While it was a Honda that was being used to transport the Uber customer, it was the decision of the driver, the owner of the Uber driver, and Uber who have the greater responsibility for the accident, not so much Honda. However, the lawsuit can still be successful provided that the attorneys have sufficient and clear evidence demonstrating who was responsible for the accident and why.
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via Abogado Aly Website